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
XLIII. The words of God to Moses, when he spoke to him of false
witnesses, as related in the ninth chapter of Deuteronomy, are very
remarkable; he says, _non misereberis ejus_. No, Moses; have no
tenderness, no compassion, nor any bowels or pity for such. The decree
seems rigid, and so it does; but it is absolutely necessary also. With
a false witness, all should be rigour, without the least mixture of
clemency: _non misereberis ejus_. And so it is fit it should be; for if
it was otherwise, who would be safe in their property, their honour,
or their lives? This is not in reality abandoning or losing sight of
compassion, but fixing your attention to it on the proper objects; it
is turning the eyes of pity from a guilty individual, and placing them
on an innocent multitude.
XLIV. The same sort of punishment, which is inflicted on a false
witness, having regard to proportioning the quantum of it to the
nature or degree of the offence, should be applied to all those, who
deceive, or in any shape procure deceit to be practised on Judges,
in the business of trying a cause. It is necessary, in order to
insure justice, to smooth the way by which truth is to advance to the
tribunal, although it should be done with fire and sword. All that
would be expended in rigour on this side, would be saved with interest
on the other. By so much the more the proof of offences is facilitated,
by so much the less will the number of them be; and the less frequent
the sad spectacle of executions is, so much the less will the innocent
suffer. Dispatch in civil causes, is also a matter of great importance,
and should be added to the catalogue of these utilities.
XLV. On this account, I am of opinion, that no indulgence, or remission
whatever, should be allowed at the instance of an advocate, upon a
suggestion of false citations, or mistakes in terms of law (leaving
however such cases to discretion, which may be attributed to the
equivocal meaning of words, or accidental omissions); but abstracted
from this exception, such attempts, if you consider them, are contrary
to the virtue and essence of justice, and should not be permitted to
succeed.
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