Fables of Æsop and Other Eminent Mythologists/Fable CCCCXV
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.
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.