We can be made accountable to justice either for deeds or words. If for
deeds, they must be as certain as will be the punishment to which you
will condemn the prisoner; if, for example, you have but twenty
probabilities against him, these twenty probabilities cannot equal the
certainty of his death. If you would have as many probabilities as are
required to be sure that you shed not innocent blood, they must be the
fruit of the unanimous evidences of witnesses who have no interest in
deposing. From this concourse of probabilities, a strong opinion will be
formed, which will serve to excuse your judgment; but as you will never
have entire certainty, you cannot flatter yourself with knowing the
truth perfectly. Consequently you should always lean towards mercy
rather than towards rigor. If it concerns only facts, from which neither
manslaughter nor mutilation have resulted, it is evident that you should
neither cause the accused to be put to death nor mutilated.
If the question is only of words, it is still more evident that you
should not cause one of your fellow-creatures to be hanged for the
manner in which he has used his tongue; for all the words in the world
being but agitated air, at least if they have not caused murder, it is
ridiculous to condemn a man to death for having agitated the air. Put
all the idle words which have been uttered into one scale, and into the
other the blood of a man, and the blood will weigh down. Now, if he who
has been brought before you is only accused of some words which his
enemies have taken in a certain sense, all that you can do is to repeat
these words to him, which he will explain in the sense he intended; but
to deliver an innocent man to the most cruel and ignominious punishment,
for words that his enemies do not comprehend, is too barbarous. You make
the life of a man of no more importance than that of a lizard; and too
many judges resemble you.
TYRANNY.
The sovereign is called a tyrant who knows no laws but his caprice; who
takes the property of his subjects, and afterwards enlists them to go
and take that of his neighbors. We have none of these tyrants in Europe.
We distinguish the tyranny of one and that of many. The tyranny of
several is that of a body which would invade the rights of other bodies,
and which would exercise despotism by favor of laws which it corrupts.
Neither are there any tyrannies of this kind in Europe.
Public-domain text, read in full here on John Shaqi.
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