The Essays, vol 19 | Page 7

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 towards another by an absolute judgment. The truth some time after being discovered, he found that he had passed an unjust sentence. On one side was the reason of the cause; on the other side, the reason of the judicial forms: he in some sort satisfied both, leaving the sentence in the state it was, and out of his own purse recompensing the condemned party. But he had to do with a reparable affair; my men were irreparably hanged. How many condemnations have I seen more criminal than the crimes themselves?
All which makes me remember the ancient opinions, "That 'tis of necessity a man must do wrong by retail who will do right in gross; and injustice in little things, who would come to do justice in great: that human justice is formed after the model of physic, according to which, all that is useful is also just and honest: and of what is held by the Stoics, that Nature herself proceeds contrary to justice in most of her works: and of what is received by the Cyrenaics, that there is nothing just of itself, but that customs and laws make justice: and what the Theodorians held that theft, sacrilege, and all sorts of uncleanness, are just in a sage, if he knows them to be profitable to him." There is no remedy: I am in the same case that Alcibiades was, that I will never, if I can help it, put myself into the hands of a man who may determine as to my head, where my life and honour shall more depend upon the skill and diligence of my attorney than on my own innocence. I would venture myself with such justice as would take notice of my good deeds, as well as my ill; where I had as much to hope as to fear: indemnity is not sufficient pay to a man who does better than not to do amiss. Our justice presents to us but one hand, and that the left hand, too; let him be who he may, he shall be sure to come off with loss.
In China, of which kingdom the government and arts, without commerce with or knowledge of ours, surpass our examples in several excellent features, and of which the history teaches me how much greater and more various the world is than either the ancients or we have been able to penetrate, the officers deputed by the prince to visit the state of his provinces, as they punish those who behave themselves ill in their charge, so do they liberally reward those who have conducted themselves better than the common sort, and beyond the necessity of their duty; these there present themselves, not only