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
XXII. With regard to this last circumstance, when there are not other
reasons to forbid it, the poor should be dispatched in preference to
the rich; and those who come from distant provinces, before those who
live in the neighbourhood. St. Jerome, in his comment on a passage
of the Proverbs, says, that formerly courts of justice were placed
at the gates of cities; which the Saint imagines to have been done,
with a view of preventing the attention of strangers who come upon law
business, and especially that of the rustics, from being taken up and
confounded by the multitude of strange objects which present themselves
to their sight, and by the bustle and hurry of the city; from hence it
may be inferred, that the dispatch was very quick, and that it was not
necessary for them to take a lodging in town; but things are greatly
altered now-a-days, and strangers who come from a great distance to
prosecute their causes, are detained so long, that they in a manner
become neighbours and inhabitants of the city. Nothing is so pernicious
as the amazing delays of judicial proceedings; as formerly, they saw
the tribunals at the gates of great towns, at present, we see intire
towns built round the gates of the tribunals, because the slowness of
dispatch increases the bulk of the causes in the office, and the number
of suitors in and about the office-porch.
XXIII. I reflect with horror on the mischiefs which these delays
occasion; for in consequence of the expence they create, it frequently
happens that both the suitors are ruined, the vanquished is stripped
and laid prostrate, and the conqueror has spent his all. There are
litigations, which last as long as the four elements in man, that is
to say, for the whole course of his life; and the result of them is
the same, the ruin of the whole. O terminations of law! you appear
like the boundaries of the world in the opinion of Descartes, that is,
indefinite.
XXIV. Even where there is nothing to wait for, and there is no occasion
of delay, the cause is sometimes suspended for months together. My Son,
you are not ignorant of the rule of law laid down by Sextus Pomponius,
which says, in the discharge of all our obligations, where there is
no particular day prescribed or assigned for dispatching a business,
we should make use of the present day. The practice of all tribunals
should be conformable to this rule, and when things are prepared for
trial, the decision should not be delayed a day, and the Judges should
direct, that the preparations are made with all the expedition possible.
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