1Corrupt Maxims of the Casuists Relating to Judges—Usurers—The Contract Mohatra—Bankrupts—Restitution—Divers Ridiculous Notions of These Same Casuists.
Sir,—You did not suppose that anybody would have the curiosity to know who we were; but it seems there are people who are trying to make it out, though they are not very happy in their conjectures. Some take me for a doctor of the Sorbonne; others ascribe my letters to four or five persons, who, like me, are neither priests nor Churchmen. All these false surmises convince me that I have succeeded pretty well in my object, which was to conceal myself from all but yourself and the worthy monk, who still continues to bear with my visits, while I still contrive, though with considerable difficulty, to bear with his conversations. I am obliged, however, to restrain myself; for were he to discover how much I am shocked at his communications, he would discontinue them, and thus put it out of my power to fulfil the promise I gave you, of making you acquainted with their morality. You ought to think a great deal of the violence which I thus do to my own feelings. It is no easy matter, I can assure you, to stand still and see the whole system of Christian ethics undermined by such a set of monstrous principles, without daring to put in a word of flat contradiction against them. But after having borne so much for your satisfaction, I am resolved I shall burst out for my own satisfaction in the end, when his stock of information has been exhausted. Meanwhile, I shall repress my feelings as much as I possibly can; for I find that the more I hold my tongue, he is the more communicative. The last time I saw him, he told me so many things, that I shall have some difficulty in repeating them all. On the point of restitution you will find they have some most convenient principles. For, however the good monk palliates his maxims, those which I am about to lay before you really go to sanction corrupt judges, usurers, bankrupts, thieves, prostitutes and sorcerers—all of whom are most liberally absolved from the obligation of restoring their ill-gotten gains. It was thus the monk resumed the conversation:—
“At the commencement of our interviews, I engaged to explain to you the maxims of our authors for all ranks and classes; and you have already seen those that relate to beneficiaries, to priests, to monks, to domestics, and to gentlemen. Let us now take a cursory glance of the remaining, and begin with the judges.
“Now I am going to tell you one of the most important and advantageous maxims which our fathers have laid down in their favor. 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 judgment—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 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.’”