Bacon's Essays, and Wisdom of the AncientsBacon, Francis
Philosophy
Bacon's Essays, and Wisdom of the Ancients
Bacon, Francis
Bacon, Francis, 1561-1626; English essays -- Early modern, 1500-1700; Mythology, Classical
First, for the causes or parties that sue. “There be (saith the
Scripture) that turn judgment into wormwood;”[561] and surely there be,
also, that turn it into vinegar; for injustice maketh it bitter, and
delays make it sour. The principal duty of a judge is to suppress force
and fraud; whereof force is the more pernicious when it is open, and
fraud when it is close and disguised. Add thereto contentious suits,
which ought to be spewed out, as the surfeit of courts. A judge ought
to prepare his way to a just sentence, as God useth to prepare his way,
by raising valleys and taking down hills; so when there appeareth on
either side a high hand, violent prosecution, cunning advantages taken,
combination, power, great counsel, then is the virtue of a judge seen
to make inequality equal, that he may plant his judgment as upon an
even ground. “Qui fortiter emungit, elicit sanguinem;”[562] and where
the wine-press is hard wrought, it yields a harsh wine, that tastes of
the grape-stone. Judges must beware of hard constructions and strained
inferences; for there is no worse torture than the torture of laws.
Especially in case of laws penal, they ought to have care that that
which was meant for terror be not turned into rigor; and that they
bring not upon the people that shower whereof the Scripture speaketh,
“Pluet super eos laqueos;”[563] for penal laws pressed,[564] are a
shower of snares upon the people. Therefore let penal laws, if they
have been sleepers of long, or if they be grown unfit for the present
time, be by wise judges confined in the execution: “Judicis officium
est, ut res, ita tempora rerum,” &c.[565] In causes of life and death,
judges ought (as far as the law permitteth) in justice to remember
mercy, and to cast a severe eye upon the example, but a merciful eye
upon the person.
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