Before Sancho becomes governor of the Ínsula Barataria (Chapter 42 of the second part), Don Quixote gives him advice about governing with common sense and justice .
He counsels Sancho to never be guided by arbitrariness in law and not to bring the entire rigor of the law to bear on the offender because, “the reputation of the harsh judge is not better than that of the compassionate one.” [1] Furthermore, if he has to judge the case of one of his enemies, he has to “put [the] injury out of [his] mind and turn [his] thoughts to the truth of the question.” (II, 42; 731) Finally, regarding a culprit who falls under his jurisdiction, he has to “show him compassion and clemency, because although all the attributes of God are equal, in our view mercy is more brilliant and splendid than justice.” (II, 42; 732)
In a letter, Don Quixote advises Sancho not to issue many edits since: “edits that are not carried out are as good as nonexistent.” (II, 51; 793-794)
Sancho Panza has the opportunity to implement much of the advice given by his master and he governs with common sense, prudence, wisdom and justice. He is able to preside over some trials in which his judgments are Solomonic, just, ingenious, wise and merciful.
On one occasion, a dilemma was presented to him. There was a bridge crossing a river with gallows at one end. Whoever crosses the bridge has to take an oath as to where he is going and why. If he swears the truth, he can pass; if he lies, he must die on the gallows.
A certain man swore that he was going to die on the gallows. The problem is that if he is allowed to cross freely, he lied, and according to the law, he should die. If he is hung, having sworn that he was going to die, he told the truth and therefore, should go free.
After listening to the case, Sancho renders his decision:
[…] “Let him pass freely, for doing good is always more praiseworthy than doing evil, and I’d sign this with my own name if I knew how to write, and in this case I haven’t said my own idea but a precept that came to mind, one of many that was given to me by my master, Don Quixote, the night before I came to be governor of this ínsula, and it was that when the law is in doubt, I should favor and embrace mercy; it was God’s will that I remember it know, since it fits this case exactly.” (II, 51; 792, the bold letters are mine)
Egberto Bermúdez
[1] Miguel de Cervantes Don Quixote. Edith Grossman Trans. New York: Harper Collins, 2005. (II, 42; 731).
