Essays, or discourses, vol. 4 (of 4) : $b Selected from the works of Feyjoo, and translated from the SpanishFeijoo, Benito Jerónimo
Philosophy
Essays, or discourses, vol. 4 (of 4) : $b Selected from the works of Feyjoo, and translated from the Spanish
Feijoo, Benito Jerónimo
Spanish essays -- Translations into English
LIV. There are two other circumstances that are very worthy of being
attended to, which would contribute to recommend this political system
for improving the arts; the one is, that children would begin to learn
much sooner than they commonly do. In the house of an artificer, where
the son is destined to follow the trade of his father, he will scarce
have done sucking the breast of his mother, when he will begin to drink
the milk of his father’s instruction; in consequence of which, not
only time would be gained, but his application to the business would
become more natural to him. The other circumstance is, that the state
would avoid the loss of many good artificers, which is occasioned by
the inconstancy of the tempers and dispositions of youth. Those, who
by continuing to work at the trade they first began to learn, would
become excellent artificers, by going on to change their occupations
continually, would never arrive at being more, than mere novices, or
beginners; and this mischief would be avoided, by obliging the son of
every handicraft person, to follow the trade of his father.
LV. The second convenience that would result to the public by trades
being hereditary, is, that it would ascertain the ranks and classes of
people in a state; it being no uncommon thing, for disputes to arise
between families, about birth and precedence; which inconvenience would
be remedied by such a regulation, as in such a case, the rank of most
people would be ascertained, and the cause of these disputes in a great
measure removed.
PARADOX VI.
_Torture is a very fallible means for discovering the truth in criminal
Cases._
LVI. I enter upon this essay, begging permission of all tribunals of
justice to speak my sentiments on this head. I venerate the laws and
the use of them; but as I am treating here of such as are purely human,
I apprehend I may be permitted to reason on the tendency or propriety of
them. Nor is the torture being admitted in the ecclesiastical courts,
as a mode of enquiry in the examination into crimes, any objection to
my doing this, for as the learned Canonist Francis Schomer observes,
this practice is not conformable to the antient discipline of the
church; and he quotes other authors in support of this opinion, and says
further, that in a long course of time, it by little and little, came to
be transferred from the secular tribunals to the ecclesiastical ones:
_Predetentim à curiis sæcularibus ad ecclesiasticas pervenisse_ (Schmier
in Supplem. ad lib. v. Decret); so that doubting of the propriety of
inquiring by torture in the ecclesiastical courts, amounts to no more,
than disputing whether the antient or modern practice of those courts, is
the most consonant to reason.
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