Page:Fables of Aesop and other eminent mythologists.djvu/441

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FABLES of ſeveral Authors.
391

not Truſt a Covetous Man in Mony Matters, where there's any thing to be Gotten, either by Fraud or Corruption; nor a Vain Man, where there's a Temptation to Popularity. Falſe Men are not to be taken into Confidence; nor Fearful Men into a Poſt that requires Reſolution; nor Cruel, Inſolent Men, into a Station where Power may be Abus’d to Oppreſſion. All theſe Abſurdities fall within the Dint of this Fable; for want of Honeſty makes a Judge as Incompetent, as want of Underſtanding.



Fab. CCCCXV.

An Ape Judge betwixt a Fox and a Wolf.

A Wolf charges a Fox with a piece of Pilfery. The Fox Denies it. The Ape tryes the Cauſe, and upon a fair Hearing, Pronounces them both to be Guilty. You (ſays the Judge to the Wolf,) have the Face to Challenge that which you never Loſt; and you (ſays he to the Fox,) have the Confidence to Deny that which you have certainly Stoll'n.

The Moral.

When both Plaintiff and Defendant happen to be a Couple of Crafty Knaves, there's Equity againſt them Both.

REFLEXION.

This Fable tells us what Credit is to be given to Witneſſes of a Falſe and Lewd Converſation, and that a known Liar is of no Authority in a Judgment of Law, even when he ſpeaks Truth. Where a race of Sharpers will be going to Law, none ſo fit as an Ape to try the Cauſe; and it was a Sentence worthy of ſuch a Judge, to pronounce them both Guilty which in Equity they were, with a reſpect to their Character and Reputation; though in Law they could not be ſo, upon the Fact in Queſtion. If the Ape in this Fable had too little regard to the Letter of the Law, we have ſeen ſome Caſes where more ſtreſs has been laid upon the rigour and ſtrictneſs of it, then Conſcientiouſly did belong to't: For when one Man of an Exemplary Improbity, Charges another of the ſame Stamp, in a Court of a Juſtice, he lies under the Diſadvantage of a ſtrong Suſpicion, even before he is Heard; and People are Prepar'd to Believe the Worſt of him by Anticipation, and before his Caſe is Known. So that the Bare Prejudice is ſufficient to turn the Scale, where it was Gold-weight before; unleſs we Ballance the Improbity of the one, with the Improbity of the other, as the Ape did here in the Fable.

We are to underſtand upon the whole matter, that it is more Adviſable to give too Little Credit in a Court of Judicature to Men of Profligate Lives, then too Much: For 'tis a Scandal to Publick Juſtice, to make uſe of ſuch Inſtruments for the Supporters of a State.

Fab.