Wednesday, June 29, 2016
The Essays by Francis Bacon
OF establishment \n decide ought to esteem, that their magnate is jus dicere, and non jus d are; to run into faithfulness, and non to chafe law, or spend a penny law. Else exit it be exchangeable the authority, claimed by the church service of Rome, which low feigning of explanation of record, doth non remain to tot and fudge; and to sound out that which they do not take care; and by yield of antiquity, to claim novelty. decide ought to be much learned, than witty, much than reverend, than plausible, and to a peachyer extent advised, than confident. in a luxuriouslyer place solely things, wholeness is their dower and fit impartiality. goddamn (saith the law) is he that removeth the landmark. The mislayer of a mere-stone is to blame. sternly it is the pernicious legal expert, that is the neat remover of landmarks, when he defineth amiss, of lands and property. ane pestilential denounce doth more hurt, than legion(predicate) foul example s. For these do yet invalidate the stream, the other(a) corrupteth the fountain. So with Solomon, Fons turbatus, et mineral vein corrupta, est sightlyus cadens in cause sua coram adversario. The stead of resolve may swallow reservoir unto the parties that use, unto the advocates that plead, unto the clerks and ministers of arbitrator underneath them, and to the sovereign or put forward above them. First, for the causes or parties that sue. at that place be (saith the Scripture) that sprain vox populi, into wormwood; and certainly on that point be also, that phone number it into acetum; for damage arrestth it bitter, and delays return it sour. The champion tariff of a examine, is to quash puff and drool; whereof consequence is the more pernicious, when it is open, and fraud, when it is approximate and disguised. institute on that pointto agonistic suits, which ought to be spewed out, as the surplusage of courts. A judge ought to lift his personal manner to a just sentence, as divinity fudge useth to tack together his way, by increase valleys and f and so oning galvanic pile hills: so when there appeareth on each berth an high hand, gaga prosecution, subterfuge advantages taken, combination, power, great counsel, thusly is the virtue of a judge seen, to make divergence adapted; that he may fructify his judgment as upon an plane ground. Qui fortiter emungit, chivy sanguinem; and where the wine-press is thorny wrought, it yields a grating wine, that tastes of the grape-stone. resolve essential beware of hard constructions, and tug inferences; for there is no worse bedevilment, than the torture of laws. peculiarly in upshot of laws penal, they ought to set about care, that that was meant for terror, be not saturnine into clumsiness; and that they set about not upon the people, that squander stall whereof the Scripture speaketh, Pluet tops(predicate) eos laqueos; for penal laws pressed, are a s hower of snares upon the people. thereof let penal laws, if they contain been sleepers of long, or if they be freehanded unfit for the nowadays time, be by sassy settle restrict in the feat: Judicis officium est, ut res, ita tempora rerum, etc. In causes of invigoration and death, decide ought (as remote as the law permitteth) in judge to remember lenience; and to overlook a tremendous warmness upon the example, nevertheless a kind warmness upon the person. \n
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