ABSTRACT
THE people are a rough breed and more likely to err when they are led astray by the fault of another than to do deliberate wrong through their own wickedness, and for this reason prudent judges usually mitigate the harshness of the laws with a certain wisdom and gentleness. It is better to proceed with restraint than violence, especially in a case that is doubtful, difficult, and complex, which should be determined more by the opinions of the judges than the letter of the law; or they should refer every thing to decrees which are so mild that the accuser, or plaintiff, is awarded his rights, yet the defendant cannot complain that he has endured a castigation, or at any rate no more than a moderate one.
