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
XVI. When the circumstances of a case do not afford just motives
for departing from the letter of the law, there is no room for the
exercise of clemency; as the departing from it in such an instance,
would be injustice, and it is impossible that the same action, should
be conformable to one virtue, and contrary to another, because at that
rate, it might be both good and bad at one and the same time. Thus in
these cases, there is no other course to take, but that of applying
the punishment the law prescribes, without regarding the clamours
of weak-minded people, who are capable of censuring such conduct as
over-severe or harsh; for acting in this manner conduces to the public
good.
XVII. Annon, the pious archbishop of Cologne, did, in the eleventh
century, cause the eyes of several of his judges to be put out, for
having given an unjust judgment against a poor woman; but he left one
of the number with a single eye, in order that he might be able to lead
the others about. I suppose that such an example, could not fail to fill
the whole city with horror; but although many might exclaim against the
cruelty of it, it was still just and useful, as the blinding of those
few judges, might contribute to open the eyes of an infinite number of
others, and cause them to look attentively, how they pronounced sentences
in future.
XVIII. The case I am about to mention, is more singular still: when
Count Evkembaldus the sovereign of Burdan, was in a very weak and infirm
state, a complaint was preferred to him against a nephew of his, who
had violated the chastity of a young lady, and upon the charge being
clearly proved against him, he, as he was a zealous lover and assertor
of justice, ordered him to be put to death; but those who were directed
to execute this sentence, evading doing it, upon a supposition that the
Count must soon die, somebody informed him of the omission; and as he saw
clearly that in his present weak state, although he should repeat his
orders, they would not be executed, he artfully contrived, by declaring
that his indignation against the youth was appeased, and that he was
disposed to forgive him, to get him brought into his sick room, where
coaxing him under some pretence to approach his bed, he seized him by the
collar with his left hand, and with a poignard that he held concealed in
his right, stabbed him into the throat, and killed him on the spot. Many
seemed scandalized with this act; but there is no reason to suppose, that
it was displeasing in the eyes of God.
XIX. This inviolable integrity in the administration of justice, is no
indication of obdurateness, but is rather compatible, with the greatest
tenderness and compassion the human heart is susceptible of; although,
where effective clemency cannot be admitted, there may be room for the
introduction of the affective.
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