Fables of Æsop and Other Eminent Mythologists/Fable XXVIX

by Roger L'Estrange

Fab. XXIX.

A Dog, a Sheep, and a Wolf.

A Dog brought an Action of the Case against a Sheep, for some Certain Measures of Wheat, that he had lent him. The Plaintiff prov'd the Debt by Three Positive Witnesses, The Wolf, the Kite, and the Vultur, (Testes Probi & Legales) The Defendent was cast into Costs and Damages, and forc'd to sell the Wool off his Back to Satisfie the Creditor.

The Moral.

'Tis not a Straw matter whether the Main Cause be Right or Wrong, or the Charge True or False; Where the Bench, Jury and Witnesses are in a Conspiracy against the Pris'ner.

REFLEXION.

No Innocence can be Safe, where Power and Malice are in Confederacy against it. There's No Fence against Subornation, and False Evidence. What Greater Judgment can befall a Nation, than for Sheep to be made Trespassers, and Wolves, Kites, and Vulturs to set up for Witnesses! This is a Large Field, if a body would Amplifie upon it: But the History of of the Age in Memory will be the Best Moral of This Fable. There's No Living however without Law: and there's No Help for't in many Cases, if the Saving Equity be Over-rul'd by the Killing Letter of it. 'Tis the Verdict that does the Business; but 'tis the Evidence, True, or False that Governs the Verdict. So that, (as it sometimes falls out) the Honour of the Publick may come to be Concern'd in the Defence and Support of an Undetected Perjury. The only Danger is the giving too much Credit to the Oaths of Kites and Vulturs. That is to say, of Witnesses so Profligate as to bring a Scandal even upon Truth it self, where it is so Asserted.