We find in the rules laid down by the greatest English judges, who have been the brightest of mankind: We are to look upon it as more beneficial that many guilty persons should escape unpunished than one innocent should suffer. The reason is, because it is of more importance to the community that innocence should be protected than it is that guilt should be punished; for guilt and crimes are so frequent in the world that all of them cannot be punished; and many times they happen in such a manner that it is not of much consequence to the public whether they are punished or not. But when innocence itself is brought to the bar and condemned, especially to die, the subject will exclaim, "It is immaterial to me whether I behave well or ill, for virtue itself is no security." And if such a sentiment as this should take place in the mind of the subject, there would be an end to all security whatsoever, I will read the words of the law itself.
The rules I shall produce to you from Lord Chief-Justice Hale, whose character as a lawyer, a man of learning and philosophy, and a Christian, will be disputed by nobody living; one of the greatest and best characters the English nation ever produced. His words are these:—
(2 H. H. P. C.): Tutius semper est errare, in acquietando quam in puniendo, ex parte misericordiae quam ex parte justitiae.—"It is always safer to err in acquitting than punishing, on the part of mercy than the part of justice."
The next is from the same authority, 305:—
Tutius erratur ex parte mitiori,—"It is always safer to err on the milder side, the side of mercy."
(H. H. P. C. 509): "The best rule in doubtful cases is rather to incline to acquittal than conviction."
And on page 300:—
Quod dubitas, ne feceris.—"Where you are doubtful, never act; that is, if you doubt of the prisoner's guilt, never declare him guilty."
This is always the rule, especially in cases of life. Another rule from the same author, 289, where he says:—
"In some cases presumptive evidences go far to prove a person guilty, though there is no express proof of the fact to be committed by him; but then it must be very warily expressed, for it is better five guilty persons should escape unpunished than one innocent person should die."