Let us now take a cursory
glance at 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
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.
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