(51.) Torture is an admirable invention, and infallibly destroys an innocent man who has a weak constitution, whilst it saves a guilty man who is hardy.[786]
(52.) The punishment of a villain is an example for his fellows; in the condemnation of an innocent man all honest men are concerned.[787]
Speaking of myself, I would almost affirm never to become a thief or murderer, but I would not be so bold as to infer that I might never be punished as such.
Deplorable is the condition of an innocent person whose trial has been hurried, and who is found guilty. Can even that of his judge be more lamentable?
(53.) If I had been told that in former ages a prévôt, or one of those magistrates appointed for the apprehension and destruction of rogues and thieves, had been long acquainted with all such rascals, knew their names and faces as well as the number and quantity of their robberies, and all particulars about them; and had so far penetrated all their actions and was so completely initiated in all their horrible mysteries that, to prevent the clamour some great man was about to raise for the loss of a jewel, stolen from him in a crowd when coming from some party, he knew how to restore it to him, and that Parliament interfered and had this magistrate tried; I should class such an event with many others in history, which in the course of time have become incredible. How, then, can I believe, what may be inferred from recent, well-known, and clearly proved facts, that such a pernicious connivance exists even at the present time, is made a jest of, and is looked upon as a matter of course?[788]
(54.) There exists a large number of men, imperious towards the weak, firm and inflexible when solicited by commoners, without any regard for the inferior classes, rigid and severe in trifles, who will not accept the smallest present, nor be persuaded by their dearest friends and nearest relatives, and who only are to be bribed by women.[789]
(55.) It is not absolutely impossible for a man who is in high favour to lose his suit.
(56.) A person who is dying may expect his last will to be listened to as if it was an oracle; every man puts his own construction on it and explains it as he pleases, or rather, as it will suit his inclination or his interest.
(57.) There are some men of whom we may truly say that death does not so much determine their last will as that it deprives them of life as well as of their irresolution and restlessness: a fit of anger moves them to make a will, whilst they are living, but when the fit is over it is torn to pieces and burnt. They have as many wills in their strong box as there are almanacs on their table, for every year is sure to produce a new one; a second will is annulled by a third, which is rendered void by another better drawn up, again invalidated by a fifth and holographic will. Yet if a person who has an interest in suppressing this last will has neither an opportunity, nor a desire, nor the means of doing so, he must stand by its clauses and conditions; for what can more clearly prove the intentions of a man, however changeable, than a last deed, under his own hand, made so lately that he had no time to change his mind?