The Essays or Counsels, Civil and MoralBacon, Francis
Philosophy
The Essays or Counsels, Civil and Moral
Bacon, Francis
English essays -- Early modern, 1500-1700
First, for the causes or parties that sue. There be (saith the
Scripture) that turn judgment, into wormwood; 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 an 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; 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. Specially 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; for penal laws pressed, 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, etc. 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.
Public-domain text, read in full here on John Shaqi.
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