As in private life, the examples of the many, who are generally the most wicked, are not to be followed, though they too often are; examples, and especially of the multitude, having great influence, and therefore to be guarded against; so in public courts of judicature, where the...
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As in private life, the examples of the many, who are generally the most wicked, are not to be followed, though they too often are; examples, and especially of the multitude, having great influence, and therefore to be guarded against; so in public courts of judicature, where there are many judges upon the bench, if one of them is sensible that the greater part go wrong in their judgment of a case, he ought not to follow them, or be influenced by them, but go according to the dictates of his own conscience, and the evidence of things as they appear to him, and neither agree to justify the wicked, nor condemn the righteous: neither shall thou speak in a cause to decline after many to wrest judgment; or "thou shalt not answer" (r); either in pleading in a cause, and taking the side of it the majority is on, and for that reason, though it is a manifest perversion of justice; or by giving a vote on that side, and on that account, whereby a wrong judgment passes; and this vote given either according to the number of witnesses, which ought not always to be the rule of judgment; for it is not the number of witnesses, but the nature, evidence, and circumstances of their testimony, that are to be regarded: Jarchi says, in judgments of life and death, they go after the mouth of one witness to absolve, and after the mouth of two to condemn: or according to the number of judges on the bench, and their superiority in years and knowledge; and so some render the word, "after the great ones"