The provincial letters of Blaise Pascal : $b A new translation, with historical introduction and notes, by the Rev. Thomas M'CriePascal, Blaise
Religion
The provincial letters of Blaise Pascal : $b A new translation, with historical introduction and notes, by the Rev. Thomas M'Crie
Pascal, Blaise
Jansenists -- France -- Early works to 1800; Jesuits -- Early works to 1800; Port-Royal des Champs (Abbey) -- Early works to 1800
“Well, father,” cried I, “that is a very fair commencement! The judges,
surely, are greatly obliged to you; and I am surprised that they should
be so hostile, as we have sometimes observed, to your probabilities,
seeing these are so favorable to them. For it would appear from this,
that you give them the same power over men’s fortunes, as you have given
to yourselves over their consciences.”
“You perceive we are far from being actuated by self-interest,” returned
he; “we have had no other end in view than the repose of their
consciences; and to the same useful purpose has our great Molina devoted
his attention, in regard to the presents which may be made them. To
remove any scruples which they might entertain in accepting of these on
certain occasions, he has been at the pains to draw out a list of all
those cases in which bribes may be taken with a good conscience,
provided, at least, there be no special law forbidding them. He says:
‘Judges may receive presents from parties, when they are given them
either for friendship’s sake, or in gratitude for some former act of
justice, or to induce them to give justice in future, or to oblige them
to pay particular attention to their case, or to engage them to despatch
it promptly.’ The learned Escobar delivers himself to the same effect:
‘If there be a number of persons, none of whom have more right than
another to have their causes disposed of, will the judge who accepts of
something from one of them on condition—_ex pacto_—of taking up his
cause first, be guilty of sin? Certainly not, according to Layman; for,
in common equity, he does no injury to the rest, by granting to one, in
consideration of his present, what he was at liberty to grant to any of
them he pleased; and besides, being under an equal obligation to them
all in respect of their right, he becomes more obliged to the individual
who furnished the donation, who thereby acquired for himself a
preference above the rest—a preference which seems capable of a
pecuniary valuation—_quæ obligatio videtur pretio æstimabilis_.’”
“May it please your reverence,” said I, “after such a permission, I am
surprised that the first magistrates of the kingdom should know no
better. For the first president[174] has actually carried an order in
Parliament to prevent certain clerks of court from taking money for that
very sort of preference—a sign that he is far from thinking it allowable
in judges; and everybody has applauded this as a reform of great benefit
to all parties.”
The worthy monk was surprised at this piece of intelligence, and
replied: “Are you sure of that? I heard nothing about it. Our opinion,
recollect, is only probable; the contrary is probable also.”
“To tell you the truth, father,” said I, “people think that the first
president has acted more than probably well, and that he has thus put a
stop to a course of public corruption which has been too long winked
at.”
Public-domain text, read in full here on John Shaqi.
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