e ever-coupled at one end or
other: so do the laws serve, and are fitted to every one of our affairs,
by some wrested, biassed, and forced interpretation.
Since the ethic laws, that concern the particular duty of every one in
himself, are so hard to be framed, as we see they are, 'tis no wonder if
those which govern so many particulars are much more so. Do but consider
the form of this justice that governs us; 'tis a true testimony of human
weakness, so full is it of error and contradiction. What we find to be
favour and severity in justice--and we find so much of them both, that I
know not whether the medium is as often met with are sickly and unjust
members of the very body and essence of justice. Some country people
have just brought me news in great haste, that they presently left in a
forest of mine a man with a hundred wounds upon him, who was yet
breathing, and begged of them water for pity's sake, and help to carry
him to some place of relief; they tell me they durst not go near him, but
have run away, lest the officers of justice should catch them there; and
as happens to those who are found near a murdered person, they should be
called in question about this accident, to their utter ruin, having
neither money nor friends to defend their innocence. What could I have
said to these people? 'Tis certain that this office of humanity would
have brought them into trouble.
How many innocent people have we known that have been punished, and this
without the judge's fault; and how many that have not arrived at our
knowledge? This happened in my time: certain men were condemned to die
for a murder committed; their sentence, if not pronounced, at least
determined and concluded on. The judges, just in the nick, are informed
by the officers of an inferior court hard by, that they have some men in
custody, who have directly confessed the murder, and made an indubitable
discovery of all the particulars of the fact. Yet it was gravely
deliberated whether or not they ought to suspend the execution of the
sentence already passed upon the first accused: they considered the
novelty of the example judicially, and the consequence of reversing
judgments; that the sentence was passed, and the judges deprived of
repentance; and in the result, these poor devils were sacrificed by the
forms of justice. Philip, or some other, provided against a like
inconvenience after this manner. He had condemned a man in a great fine
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