Essays, or discourses, vol. 2 (of 4) : $b Selected from the works of Feyjoo, and translated from the SpanishFeijoo, Benito Jerónimo
Philosophy
Essays, or discourses, vol. 2 (of 4) : $b Selected from the works of Feyjoo, and translated from the Spanish
Feijoo, Benito Jerónimo
Spanish essays -- Translations into English
XXV. From what has been premised, it is evident that a Judge can never
properly receive from a suitor any compliment or acknowledgment, on
account of having dispatched his cause, because he cannot be supposed
capable of doing him any favour, and consequently is not entitled to
any recompence. The ministers of justice ought to resemble the heavenly
bodies, who bestow great benefits on the earth, although they receive
nothing from it; for it is their duty, and incumbent on them, to
confer those benefits. They receive their reward and support from the
great Sovereign of all, who has assigned them their stations and their
duties, and the assistance of their light and their influence is a debt
they owe to the inferior world; but the inferior world is not charged
with obligations to them.
XXVI. Even the visit to return thanks, which after the suitor has got
his cause, is made by him to the Judges, I look upon as superfluous.
For what does he thank them? For having given him what belonged to
him and was his own. They are entitled to no thanks for that; and if
they have given him what was the property of another man, they deserve
punishment.
XXVII. What has been said on the subject of brevity and dispatch, is
equally pertinent to criminal as well as civil causes. The person
accused has a right to be cleared if he is innocent, and his punishment
is a debt due to the public if he is guilty; and it is generally
expedient, for one or other of these parties to be pressing for
dispatch. It is very clear, that proceeding with caution in criminal
cases is necessary, lest you fall into the serious mischief, of
punishing as guilty people those who are innocent. But standing still
and doing nothing, is not proceeding with caution; neither is thinking
no more of those in the dungeon, than of those in the grave.
XXVIII. Besides the reasons for dispatch, which are common to, and
apply equally to both sorts of causes; there is one of special note,
and great weight, which points out why it is most necessary in criminal
ones; and that is, delay being frequently the cause of malefactors
escaping without punishment. This happens by two ways: the first is,
that by delaying the process, there is more time given to the culprits
to contrive and execute their escape from prison, which when these
fierce savages have effected, they are commonly seized with a rage, of
recovering in a few days, the time they have been deprived of by their
confinement, to commit outrages; and they fancy they have a right to
revenge themselves by new schemes of roguery, for the punishment they
have undergone by having been chained and fettered. There is scarce an
innocent person whom they do not regard as their enemy, and those only
who are their brethren in iniquity, are exempted from their fury and
indignation.
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