Francis Bacon on Justice

"Queen James and His Courtiers : Sir Francis Bacon" by Rictor Norton"

"Judges must beware of hard constructions, and strained inferences; for there is no worse torture, than the torture of laws."

"Revenge is a kind of wild justice; which the more man's nature runs to, the more ought law to weed it out."

"In causes of life and death, judges ought in justice to remember mercy; and to cast a severe eye upon the example, but a merciful eye upon the person."

"The place of justice is an hallowed place; and therefore not only the bench, but the foot-place; and precincts and purprise thereof, ought to be preserved without scandal and corruption."

"Mahomet made the people believe that he would call a hill to him, and from the top of it offer up his prayers for the observers of his law. The people assembled. Mahomet called the hill to come to him, again and again; and when the hill stood still he was never a whit abashed, but said, "If the hill will not come to Mahomet, Mahomet will go to the hill."

"Judges ought to remember, that their office is jus dicere, and not jus dare; to interpret law, and not to make law, or give law. Else will it be like the authority, claimed by the Church of Rome, which under pretext of exposition of Scripture, doth not stick to add and alter; and to pronounce that which they do not find; and by show of antiquity, to introduce novelty."

"Neither did the dispensation of God vary in the times after our Saviour came into the world; for our Saviour himself did first show His power to subdue ignorance, by His conference with the priests and doctors of the law, before He showed His power to subdue nature by His miracles. And the coming of this Holy Spirit was chiefly figured and expressed in the similitude and gift of tongues, which are but vehicula scientiæ."

"Lastly, there are Idols which have immigrated into men's minds from the various dogmas of philosophies, and also from wrong laws of demonstration. These I call Idols of the Theater, because in my judgment all the received systems are but so many stage plays, representing worlds of their own creation after an unreal and scenic fashion."

"Patience and gravity of hearing, is an essential part of justice; and an overspeaking judge is no well-tuned cymbal. It is no grace to a judge, first to find that, which he might have heard in due time from the bar; or to show quickness of conceit, in cutting off evidence or counsel too short; or to prevent information by questions, though pertinent."

"If you plant where savages are, do not only entertain them, with trifles and gingles, but use them justly and graciously, with sufficient guard nevertheless; and do not win their favor, by helping them to invade their enemies, but for their defence it is not amiss; and send oft of them, over to the country that plants, that they may see a better condition than their own, and commend it when they return."

"The two ways of contemplation are not unlike the two ways of action commonly spoken of by the ancients: the one plain and smooth in the beginning, and in the end impassable; the other rough and troublesome in the entrance, but after a while fair and even. So it is in contemplation: If a man will begin with certainties, he shall end in doubts; but if he will be content to begin with doubts he shall end in certainties."

"A monarchy, where there is no nobility at all, is ever a pure and absolute tyranny... A great and potent nobility, addeth majesty to a monarch, but diminisheth power; and putteth life and spirit into the people, but presseth their fortune. It is well, when nobles are not too great for sovereignty nor for justice; and yet maintained in that height, as the insolency of inferiors may be broken upon them, before it come on too fast upon the majesty of kings."

"For the remedies; there may be some general preservatives, whereof we will speak: as for the just cure, it must answer to the particular disease; and so be left to counsel, rather than rule. The first remedy or prevention is to remove, by all means possible, that material cause of sedition whereof we spake; which is, want and poverty in the estate. To which purpose serveth the opening, and well-balancing of trade; the cherishing of manufactures; the banishing of idleness; the repressing of waste, and excess, by sumptuary laws; the improvement and husbanding of the soil; the regulating of prices of things vendible; the moderating of taxes and tributes; and the like."