第38章

"Now I am going to tell you one of the most important and advantageous maxims which our fathers have laid down in their favour.Its author is the learned Castro Palao, one of our four-and-twenty elders.His words are: 'May a judge, in a question of right and wrong, pronounce according to a probable opinion, in preference to the more probable opinion? He may, even though it should be contrary to his own judgement- imo contra propriam opinionem.'""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 favourable 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-expacto- 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-quae obligatio videtur pretio aestimabilis.'""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 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.""I am not far from being of the same mind," returned he; "but let us waive that point, and say no more about the judges.""You are quite right, sir," said I; "indeed, they are not half thankful enough for all you have done for them.""That is not my reason," said the father; "but there is so much to be said on all the different classes that we must study brevity on each of them.Let us now say a word or two about men of business.