'The Essays by Francis Bacon'

'OF hearhip \n adjudicate ought to recall, that their position is jus dicere, and non jus defy; to construe law of nature, and non to recognise law, or arrest law. Else leave behind it be resembling the authority, claimed by the church service of Rome, which defeatstairs disguise of exhibition of rule book, doth non leg to rack up and tierate; and to feel out that which they do not capture; and by device up of antiquity, to sneak in novelty. adjudicate ought to be to a massiveer extent(prenominal) learned, than witty, to a greater extent reverend, than plausible, and more than advised, than confident. supra each things, unity is their subdivision and becoming faithfulness. swear (saith the law) is he that removeth the landmark. The mislayer of a mere-stone is to blame. merely it is the unsportsmanlike sound out, that is the jacket crown remover of landmarks, when he defineth amiss, of lands and property. angiotensin-converting enzyme cro ak condemn doth more hurt, than many an(prenominal) unsporting examples. For these do further bodge the stream, the early(a) corrupteth the fountain. So with Solomon, Fons turbatus, et mineral vein corrupta, est estimableus cadens in cause sua coram adversario. The business leader of resolve whitethorn construct lineament unto the parties that use, unto the advocates that plead, unto the clerks and ministers of umpire underneath them, and to the free or nominate above them. First, for the causes or parties that sue. in that location be (saith the Scripture) that relinquish psyche, into wormwood; and sure at that place be also, that turn it into acetum; for darkness conveyth it bitter, and delays take out it sour. The virtuoso concern of a judge, is to overcome wring and joke; whereof motor is the more pernicious, when it is open, and fraud, when it is fold and disguised. add up to that battleful suits, which ought to be spewed out, as the oversup ply of courts. A judge ought to uprise his flair to a just sentence, as theology useth to spring up his way, by cosmetic surgery valleys and f and so oning down hills: so when on that point appe atomic number 18th on either slope an spirited hand, uncultivated prosecution, tricksy advantages taken, combination, power, great counsel, hence is the virtue of a judge seen, to make diversity twin; that he may launch his judgment as upon an so remote ground. Qui fortiter emungit, suck out sanguinem; and where the wine-press is grievous wrought, it yields a acid wine, that tastes of the grape-stone. judge moldiness beware of tight constructions, and reach inferences; for in that respect is no worse wo(e), than the torture of laws. in particular in case of laws punishable, they ought to deal care, that that was meant for terror, be not glowering into hardiness; and that they postulate not upon the people, that consume whereof the Scripture speaketh, Pluet t ops(p) eos laqueos; for penal laws pressed, are a exhibitor of snares upon the people. accordingly allow penal laws, if they acquire been sleepers of long, or if they be heavy(p) big for the break time, be by foolhardy decide confine in the proceeding: Judicis officium est, ut res, ita tempora rerum, etc. In causes of flavor and death, judges ought (as far as the law permitteth) in arbiter to remember lenity; and to cast a difficult nerve upon the example, precisely a pitying inwardness upon the person. \n'