"Let it be your first care, then, to endow the magistrates
and city authorities with the ample jurisdiction which
their duties require, enjoining upon them to execute
justice without respect to persons; command also your
courtiers not to interfere in private suits, and do you in
like manner yourself forbear meddling with such, leaving
the judges to proceed therein by the usual course. Further,
should the judge be suspected by either party, let the
cause be remitted to another, or let an assessor be named;
and, to such alleged suspicion, it is no sufficient answer
that any one may be doubted by anybody. In short, it is
enough that the judges proceed to pronounce sentence in the
regular way; and for such as feel aggrieved, the common and
appropriate remedies are open. In my time the custom was
abolished--I know not at whose recommendation--of sending
causes to be inquired into by a council of skilled persons
[a jury?]; it was an excellent and much approved mode of
judging, and on that account it would be more advisable to
return to it than to leave it off. Statutory penalties have
also been changed to arbitrary ones, which has effected
great alterations; for where the statutes condemned ten,
caprice has multiplied by hundreds, with what justice I
know not. This was, indeed, by advice of certain doctors,
who declared that the Prince's will ought to be held as
law,--a diabolical sentiment, since it is not the absolute
will, but the virtuous and upright opinion of the Prince
that should be deemed law; nor do I see how any virtuous
and honest opinion can contravene statutes confirmed by
mutual agreement, and sanctioned by oaths.
Public-domain text, read in full here on John Shaqi.
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