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
XIX. The second objection is, that judicial ministers would lose a
great part of the respect and homage which is now paid them, it being
certain, that civilities of this sort, are not so much the result of
the reverence due to the character of a Judge, as the effect of the
imagined dependance on his favour. It is established upon the credit
of good authors, that Epicurus did not, as it is vulgarly thought,
deny the existence of the deities, but only their influence or power
to do good or harm; but this was sufficient, to cause the tenet to be
held as atheistical in practice; for he who denies the power of the
Gods, denies them adoration also. Men do not sow obsequies, but with
the expectation of reaping a harvest of benefits, and dependance is the
only stimulus or first mover to worship; therefore, when men come to
consider the tribunal as the mere organ of the law, where every thing
depends upon the intention of the legislature, and nothing upon the
inclination of the Judge, the applications to the ministers of justice,
would be very few and very slight.
XX. This objection would have great weight with those Judges, who
desire to be regarded and addressed as deities: but do you, my Son,
contemplate yourself as placed on the bench, and not on the altar; and
remember, that you are not an idol destined to receive worship and
offerings, but an oracle ordained to articulate truths. This is the
manner in which you should explain yourself, and undeceive the world;
assure the great of your respect, and your friends of your esteem; but
intimate both to one and the other, that neither esteem nor respect can
gain admittance into the cabinet of justice, because the fear of God,
who is the door-keeper of the conscience, requires that they should
remain in the antichamber.
XXI. But there may still rest with Judges a discretionary power of
shewing courtesies, if not in points that concern the substantial parts
of the cause, in the mode of administering justice; I mean, if not in
the essence of the sentence, in the brevity of dispatch. This is an
error, which I have observed some of our Judges to have fallen into;
and I call it an error, because with regard to myself, I have no doubt
of its being one. It is an obligation upon us, to give the quickest
dispatch possible to causes: and we do not shew favour to him, whose
business is done with all possible speed; but to him we do not dispatch
with the same expedition, we do injustice. The preference given to
people in priority of dispatch, is partiality; and the minister who
is the author of it, ought to make good the damages occasioned by the
delay to him who was next in turn; in this matter, attention should be
had to the nature of the cause, to the time the suit was commenced, and
to the injury that would attend procrastination in the decision of it.
Public-domain text, read in full here on John Shaqi.
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