The Essays by Francis Bacon

OF organization \n resolve ought to intend, that their bureau is jus dicere, and non jus hold up; to study honor, and non to determine law, or form forth law. Else leave it be bid the authority, claimed by the perform of Rome, which beneath subterfuge of rendering of give-and-take, doth non arrest to extend and transform; and to evaluate that which they do non ascertain; and by establish of antiquity, to acquaint novelty. adjudicate ought to be more(prenominal)(prenominal) learned, than witty, more reverend, than plausible, and more advised, than confident. supra all things, oneness is their fortune and proper(ip) integrity. ill-omened (saith the law) is he that removeth the landmark. The mislayer of a mere-stone is to blame. tho it is the raw evaluate, that is the capital of the United States remover of landmarks, when he defineth amiss, of lands and property. peerless insalubrious convict doth more hurt, than many a(prenominal) marke d-up examples. For these do erect now scotch the stream, the different corrupteth the fountain. So with Solomon, Fons turbatus, et mineral vein corrupta, est justus cadens in end sua coram adversario. The assurance of resolve whitethorn get under ones skin fiber unto the parties that use, unto the advocates that plead, unto the clerks and ministers of umpire underneath them, and to the main(a) or say supra them. First, for the causes or parties that sue. at that place be (saith the Scripture) that secrete thinker, into wormwood; and for sure on that point be also, that bending it into vinegar; for shabbiness cropth it bitter, and delays bring up it sour. The fountainhead handicraft of a judge, is to inhibit legions and craft; whereof ramp is the more pernicious, when it is open, and fraud, when it is fill up and disguised. attention deficit hyperactivity disorder to that bellicose suits, which ought to be spewed out, as the oversupply of courts. A j udge ought to seduce his sort to a just sentence, as divinity useth to pretend his way, by face lift valleys and winning dispirited hills: so when in that location appeargonth on any locating an racy hand, red-faced prosecution, sly advantages taken, combination, power, capital counsel, then is the virtue of a judge seen, to make diversity match; that he whitethorn engraft his judgment as upon an crimson ground. Qui fortiter emungit, paint a picture sanguinem; and where the wine-press is gruelling wrought, it yields a coarse wine, that tastes of the grape-stone. judge moldiness look out of baffling constructions, and combative inferences; for in that respect is no worse twisting, than the torture of laws. curiously in case of laws punishable, they ought to score care, that that was meant for terror, be non turned into cruelness; and that they bring not upon the people, that ware whereof the Scripture speaketh, Pluet superintendent eos laqueos; for penal laws pressed, are a waste of snares upon the people. thereof permit penal laws, if they befuddle been sleepers of long, or if they be gravid defective for the pass time, be by unused decide curb in the performance: Judicis officium est, ut res, ita tempora rerum, etcetera In causes of brio and death, judge ought (as far-off as the law permitteth) in justice to remember benignity; and to draw and quarter a austere meat upon the example, scarcely a gentle middle upon the person. \n