Fourthly, deny not Justice, which is Regia mensura, to the meanest Subject: but let the cause of the poor and needy come in equal balance with the rich and mighty. If thou perceivest on the one side in a cause, the high hills of cunning advantages, powerful combination, and violent prosecution:1 and on the other side, the low valleys of poverty, simplicity, and desolation: prepare thy way (as GOD doth) to judgement, by *raising valleys, and taking down ⟨p. 392⟩hills, equalling in equality: that so thou mayest lay the foundation of thy sentence upon an •even ground. In matters of right and wrong twixt party and party, let thy conscience be careful rather Jus 3dicere to pronounce the Law that is made, secundum allegata & probata, rather then Jus dare, to make a Law of thine own, upon the authority of sic volo, sic jubeo, fearing that fearful malediction:4 Cursed be he that removeth his neighbours land-mark. In trials of life and death, let Judges like Elohim, 5in Justice, remember mercy, and so cast the severe eye of Justice upon the fact, as that they look with the pitiful eye of Mercy ⟨p. 393⟩upon the Malefactor, wresting the favour of Law to the favour of life, where grace promiseth amendment: but if Justice requireth that *one rather then unity must perish, and that a rotten member must be acut off, to save the whole body from putrefying; fiat Justitia. But whilst thou art pronouncing the sentence of Judgement on another, remember that thine own judgement hangs over thine head. In all causes therefore judge aright, for thou shalt be sure to find a righteous Judge, before whom thou must shortly appear to be judged thy self: at what time thou mayest leave to thy Friend, this for thine Epitaph:⟨p. 394⟩
Nuper eram Judex, jam Judicis ante Tribunal
Subsistens, paveo: judicor ipse modò.
Fourthly, denie not Iustice, which is Regia mensura, to the meanest Subiect: but let the cause of the poore and needy come in equal ballance with the rich and mightie. If thou perceiuest on the one side in a cause, the high hils of cunning aduantages, powerfull combination, and violent prosecution:1 and on the other side, the low valleyes of pouertie, simplicitie, and desolation: prepare thy way (as GOD doth) to iudgement, by *raising valleyes, and taking downe ⟨p. 392⟩hils, equalling in equalitie: that so thou maist lay the foundation of thy sentence vpon an •euen ground. In matters of right and wrong twixt party and party, let thy conscience be carefull rather Ius 3dicere to pronounce the Law that is made, secundum allegata & probata, rather then Ius dare, to make a Law of thine owne, vpon the authoritie of sic volo, sic iubeo, fearing that fearefull malediction:4 Cursed be hee that remoueth his neighbours land-marke. In tryals of life and death, let Iudges like Elohim, 5in Iustice, remember mercy, and so cast the seuere eye of Iustice vpon the fact, as that they looke with the pittifull eye of Mercy ⟨p. 393⟩vpon the Malefactor, wresting the fauour of Law to the fauour of life, where grace promiseth amendment: but if Iustice requireth that *one rather then vnitie must perish, and that a rotten member must be acut off, to saue the whole body from putrifiing; fiat Iustitia. But whilest thou art pronouncing the sentence of Iudgement on another, remember that thine owne iudgement hangs ouer thine head. In all causes therfore iudge aright, for thou shalt be sure to finde a righteous Iudge, before vvhom thou must shortly appeare to be iudged thy selfe: at what time thou maist leaue to thy Friend, this for thine Epitaph:⟨p. 394⟩
- 1Judicious Sir Fr. Bacons Essays of Judicature.Iudicious Sir Fr. Bacons Essaies of Iudicature.
- *Luk. 3.4.5. Isay 40.3.
- 32 Chron. 19.10.
- 4Deut. 27.17.
- 5Abak. 3.2.
- *Meliùs ut pereat unus, quam ut pereat umtas.Meliùs vt pereat vnus, quam vt pereat vmtas.
- aEnse rescindendum ne pars syncera trahatur.
