The King's Mirror (Speculum regale-Konungs skuggsjá)
Philosophy
The King's Mirror (Speculum regale-Konungs skuggsjá)
Education of princes; Encyclopedias and dictionaries -- Early works to 1600; Scandinavia -- Civilization
_Father._ It is difficult to state that in definite terms: still, all
causes that are brought before the men who have authority to judge will
be decided in some way. But I believe that a purpose to judge as they
think is right will do the most to keep them from falling into guilt
before God. For Stephen was acquitted of the charge that he had caused
the church of Saint Lawrence to forfeit land by the fact that he did not
know that his decision was wrong; and yet he did not wholly escape
punishment, though in some respects he was punished less than he would
have been, if he had known that his verdict was wrong. Now there are
four things which he who goes into the judgment hall must leave outside
and never allow to come into the judgment seat with him or even inside
the door. The first is avarice; the second, enmity; the third,
obstinacy; the fourth, friendship. For you heard that Stephen was
ordered to disclose whether he had accepted a gift from Tarquin and had
promised to secure justice for him in return for the fee. And the
judgment was, that if he had sold justice for money, he should follow
the fee to destruction. You heard this, too, that he was condemned to
die for having saved men from death by force and in defiance of law. You
also heard in the earlier account how the king and the city of Themar
perished because the king, being friendly to one side and very hostile
to the other, had distorted a just decision. Now for such reasons those
four things must be excluded, lest any one of them should cause a
righteous doom to be distorted.
You have also asked when the sentence should be lenient and when severe,
and that question can now be answered in a few words. Careful account
should be taken of the circumstances of the man’s case who is accused.
If a charge is brought against one who is anxious to keep the peace but
is driven to violence by the selfishness and arrogance of another, and,
regretting his guilt, is anxious to atone for it,—if such are the
circumstances, there should be lenient judgment in his case. Likewise,
if a man breaks the law who is ignorant and does not know that he is
transgressing, and would not have done the deed had he known it to be
contrary to law, his case, too, calls for a lenient sentence. Even when
the ugliest cases that are known among men, such as theft and robbery,
come up, one should investigate how the crime came about. If a man is so
hard bestead that he can get no food either by begging or buying and
cannot get work, while hunger and his physical nature drive him beyond
endurance, the judge should be lenient with him, even though he be taken
in guilt; and whenever necessity drives a man into crime and
law-breaking, the judgment should be tempered.
Public-domain text, read in full here on John Shaqi.
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