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
L. When delinquents have no families, and the consequences of depriving
them of their money are only felt by themselves, no punishments appear
to me more rational and proper than pecuniary ones, and especially when
the nature of the offence does not demand a more severe chastisement.
In the first place, it is not a sanguinary punishment, and is more
consonant to the feelings of compassion, than one that is tinged with
blood, both with respect to him who pronounces the sentence, and him
to whom it is applied. Secondly, despoiling an evil-disposed man of
his money, is disarming him of vice, as it deprives him of the weapons
with which he was enabled to do mischief. Thirdly, if the money is
expended for the good of the public, the community will derive a double
advantage from this mode of punishment, as somewhat of temporal benefit
will be added by it, to a well-adapted and exemplary application of
justice.
LI. I now, my Son, have told you my sentiments on all that has occurred
to me as most essential in judicial administration. If, upon seeing
me so scrupulously tenacious on the side of justice, it shall appear
to you that I mean to erase clemency out of the catalogue of virtues,
you are mistaken. I know the excellence of this virtue, and even
lament, that in our ministry there is but small scope for exercising
it. I venerate this divine quality, which, on account of its elevated
and sublime nature, I contemplate, as superior to the sphere of our
jurisdiction. I call it divine, by reason of its active power to remit
penalties decreed by the laws, which is an authority or prerogative
almost peculiarly belonging, and proper to God alone. He, as Supreme
Master, can pardon all sorts of crimes; Kings as next to him in
sovereignty, can pardon some; but the hands of their inferior ministers
are tied in all cases; for he who is subject to the laws, can never be
vested with a power to arbitrate and dispense forgivenesses.
Public-domain text, read in full here on John Shaqi.
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