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
XVI. This notion of the utility of recommendations, is an impediment
to our business, as well as injurious to our reputation; for it is the
occasion of our being interrupted with visits, and puts us under the
necessity of answering letters of intercession, by which means we waste
a great part of that time, which we ought to employ in study. If they
knew they were taking all this pains to no purpose, they would not
embarrass us with their applications, nor rob us of our time.
XVII. How then are we to act? That is easily determined; speak plain,
and undeceive all the world. Let them know, that the sentence depends
upon, and is ruled by the law, and not by solicitations and private
friendships; that we can serve no man at the expence of justice and
our conscience; and that that which they call being favourable, the
pretence with which they cover all their petitions, upon a practical
examination of things, is a chimera; for a Judge can never shew favour,
or at most the cases in which he can do it are metaphysical; even
in doubtful and obscure cases, and in those where the probabilities
are equal, the laws prescribe rules of equity, which we are strictly
and rigorously bound to follow. Oh! but some cases are left to the
discretion of the judge! It is true, but they are not for this reason
to be determined by his absolute will. Prudential maxims, and rules of
equity, point out the road we should pursue; and it is not lawful for
us to follow any other course, either for the sake of obliging great
men or friends. When it is said, this or that is left to the will
and pleasure of the Judge, it should not be understood to mean his
absolute uncontrolable will, but to imply, that he is to be guided in
his decision by the dictates of reason, and the principles of law. This
definition, is conformable to the sense of the Latin verb _arbitror_,
which signifies an act of the understanding, and not of the will.
XVIII. I am well aware, that objections may be made to this frank mode
of acting: the first is, that we may be called blunt and ill-bred;
but, besides that the reflection would be unjust, it would last no
longer, than till it was generally known, we had resolved to adopt this
method of acting, and till it was become common and familiar among
us. While there shall be but one or two judicial ministers who act in
this open ingenuous manner, their candid behaviour may pass among the
ignorant for want of breeding and courtesy; but if all the rest were to
do the same, even the ignorant would become sensible, that what they
had called want of breeding, was integrity; and they would also be
convinced, that this is beneficial to them, and a great saving both of
money and trouble, which are both wasted in running after, and seeking
for friends and patrons, whose assistance and protection is useless to
them.
Public-domain text, read in full here on John Shaqi.
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