134 BACON'S ESSAYS 



tious suits, which ought to be spewed out, as the surfeit of 

 courts. A judge ought to prepare his way to a just 

 sentence, as God useth to prepare his way, by raising 

 valleys and taking down hills : so when there appeareth on 

 either side an high hand, violent prosecution, cunning 

 advantages taken, combination, power, great counsel, then is 

 the virtue of a judge seen, to make inequality equal ; that 

 he may plant his judgment as upon an even ground. Qui 

 fortiter emungit, elicit sanguinem ; and where the wine-press 

 is hard wrought, it yields a harsh wine, that tastes of the 

 grape-stone. Judges must beware of hard constructions 

 and strained inferences ; for there is no worse torture than 

 the torture of laws. Specially in case of laws penal, they 

 ought to have care that that which was meant for terror be 

 not turned into rigour ; and that they bring not upon the 

 people that shower whereof the Scripture speaketh, Pluet 

 super eos laqueos ; for penal laws pressed are a shower of 

 snares upon the people. Therefore let penal laws, if they 

 have been sleepers of long, or if they be grown unfit for 

 the present time, be by wise judges confined in the execu- 

 tion : Judicis offidum est, ut res, ita tempora rerum, etc. In 

 causes of life and death, judges ought (as far as the law 

 permitteth) in justice to remember mercy ; and to cast a 

 severe eye upon the example, but a merciful eye upon the 

 person. 



Secondly, for the advocates and counsel that plead. 

 Patience and gravity of hearing is an essential part of 

 justice ; and an over speaking 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 shew 

 quickness of conceit in cutting off evidence or counsel too 

 short ; or to prevent information by questions, though 

 pertinent. The parts of a judge in hearing are four : to 

 direct the evidence ; to moderate length, repetition, or 

 impertinency of speech ; to recapitulate, select, and collate 

 the material points of that which hath been said ; and to 

 give the rule or sentence. Whatsoever is above these is 

 too much ; and proceedeth either of glory and willingness 

 to speak, or of impatience to hear, or of shortness of 



