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
XIV. We should hope, the world is greatly mistaken in this matter. The
ministers of justice, as far as they are able, and they most commonly
can do this, must discharge and comply with the duties of their
function in judicial phrases, and according to the words of the law;
and although there may have been positive promises made, when they
come to the sentence, they must consult and conform to the books of
jurisprudence, and not the letters of recommendation. God defend us,
however, from the serious misfortune of the protector of either party,
having, or ever being able to have, influence in the seats of justice!
For then we may have reason to apprehend, that to the shame of the
law, the motive of the conduct of the partial Judge may be betrayed
by his countenance, and that the dread of such motive being known,
may be the torturer who presses out and exposes the secret, or else,
that the thing may be unravelled by conjectures, or proved by some
transactions in the business; and these are the sort of cases, which,
after many years study, make people understand the law in a sense they
never understood it before, and which, in the same instant, increases
and lessens their esteem for the same authors, and causes the breath
of favour to incline the balance, with which they weigh probabilities,
to the side where there is the least weight in the scale. I remember
that great lawyer, Alexander of the family of the Alexanders, in his
treatise called _Dias Geniales_, says of himself, that he abandoned the
profession of an advocate in disgust, from having observed in his own
practice, that neither the wisdom or abilities of a counsellor, nor the
goodness of a cause, were of any avail in courts, when the opposite
parties were espoused by people of power.
XV. But excepting these instances, which have weight with those only,
who had rather rise to the highest seats on the bench than ascend to
heaven, other modes of favour in courts are trifling and of little use
or consequence; but to speak the truth, we ourselves give occasion
to their being thought useful and of consequence. If when a person
of authority intercedes on behalf of a suitor, we give him hopes and
encouragement; or if our answers to such applications, are in terms
which exceed what is necessary in a judicial reply; and if afterwards,
when that person obtains a sentence in his favour, we seem desirous, or
behave so as to make it be thought, our suffrage was a compliment to
the great man who interested himself in the suitor’s behalf, in order
that he should think he was obliged to us; we are the authors of this
error in mankind, and the cause of the injury, which, in consequence of
it, our credit suffers with the world.
Public-domain text, read in full here on John Shaqi.
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