Essays, or discourses, vol. 2 (of 4) : $b Selected from the works of Feyjoo, and translated from the Spanish — John Shaqi
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
XXXII. I do not deny that criminals should sometimes be pardoned; but
then it should only be in those cases, where the public is as much, or
more, interested in their forgiveness, than it is in their punishment.
The public good is the true north, to which the wand of justice
should always point. The services the guilty person has done to the
commonwealth, or those which he may be expected to do to it, on account
of his singular talents for doing them, are special and material
considerations in such a case. The law furnishes precepts conducive to
this end, in formal terms. Therefore, the death which Manlius Torquatus
inflicted on his brave son, when he returned victorious, for having
fought without orders, was contrary to the rules of equity. What more
could have been done to one, who had returned vanquished, and who had
no antecedent merit to plead which might entitle him to a pardon?
XXXIII. Princes have a larger discretionary power in these matters,
than their ministers of justice; not because they can pardon
according to their will and pleasure; for they must be guided by their
obligations to God and the commonwealth; but because the general or
common interests, are more proper objects for their consideration, than
for that of particular Judges. With regard to a sovereign, not only
the personal services of the guilty individual, but those also of his
near relations, such as his father, his wife, his brothers, and his
sons, may furnish motives for conciliating a pardon, or for mitigating
the punishment; and this has always been the practice of the most
illustrious princes. It is masterly policy, to inform generous minds
by such instances of clemency, that they cannot only acquire merit
for themselves, but for their relations also. Great benefit may be
derived to the community from this incentive; and many other methods
of deriving advantages to the public, by a judicious dispensation of
lenity or pardon, may be hit upon by princes, although it is not easy
for me to point out or enumerate them.
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