the cause half way, nor give occasion to the party to say, his counsel or proofs were not heard.

Thirdly, for that that concerns clerks and ministers. The place of justice is an hallowed place; and therefore not only the bench but the footpace and precincts, and purprise thereof ought to be preserved without scandal and corruption; for, certainly, "Grapes," (as the Scripture saith,) “will not be gathered of thorns or thistles; " neither can Justice yield her fruit with sweetness amongst the briars and brambles of catching and polling clerks and ministers. The attendance of courts is subject to four bad instruments: first, certain persons that are sowers of suits, which make the court swell, and the country pine: the second sort is of those that engage courts in quarrels of jurisdiction, and are not truly "amici curiæ,” but “parasiti curiæ,” * in puffing a court up beyond her bounds for their own scraps and advantage: the third sort is of those that may be accounted the left hands of courts: persons that are full of nimble and sinister tricks and shifts, whereby they pervert the plain and direct courses of courts, and bring justice into oblique lines and labyrinths and the fourth is the poller and exacter of fees: which justifies the common resemblance of the courts of justice to the bush, whereunto, while the sheep flies for defense in weather, he is sure to lose part of his fleece. On the other side, an ancient clerk, skillful in precedents, wary in proceeding, and understanding in the business of the court, is an excellent finger of a court, and doth many times point the way to the judge himself.

Fourthly, for that which may concern the sovereign and estate. Judges ought, above all, to remember the conclusion of the Roman Twelve Tables, "Salus populi suprema lex;" and to know that laws, except they be in order to that end, are but things captious, and oracles not well inspired therefore it is an happy thing in a State, when

*Not "friends of court," but "parasites of court."

"The safety of the people is the supreme law."

kings and states do often consult with judges; and again, when judges do often consult with the king and state: the one, when there is matter of law intervenient in business of state; the other, when there is some consideration of state intervenient in matter of law; for many times the things deduced to judgment may be "meum” and “tuum," when the reason and consequence thereof may trench to point of estate: I call matter of estate, not only the parts of sovereignty, but whatsoever introduceth any great alteration, or dangerous precedent; or concerneth manifestly any great portion of people: and let no man weakly conceive that just laws, and true policy, have any antipathy; for they are like the spirits and sinews, that one moves with the other. Let judges also remember, that Solomon's throne was supported by lions on both sides: let them be lions, but yet lions under the throne: being circumspect, that they do not check or oppose any points of sovereignty. Let not judges also be so ignorant of their own right, as to think there is not left them, as a principal part of their office, a wise use and application of laws; for they may remember what the apostle saith of a greater law than theirs : "Nos scimus quia lex bona est, modo quis eâ utatur legitime."

"We know that the law is good if a man use it lawfully."

EXTRACTS.

THE LINES AND PORTRAITURE OF A GOOD

JUDGE.

HIS LORDSHIP'S SPEECH IN THE COMMON PLEAS TO JUSTICE HUTTON, WHEN HE WAS CALLED TO BE ONE OF THE JUDGES OF THE COMMON PLEAS.

Mr. Serjeant Hutton, The King's most excellent Majesty, being duly informed of your learning, integrity, discretion, experience, means, and reputation in your country, hath thought fit not to leave you these talents to be employed upon yourself only, but to call you to serve himself, and his people, in the place of one of his justices of the court of common pleas.

This court where you are to serve, is the local centre and heart of the laws of this realm: . . . here justice opens not by a by-gate of privilege, but the great gate of the King's original writs out of the chancery. And therefore it is proper for you, by all means, with your wisdom and fortitude, to maintain the laws of the realm: wherein, nevertheless, I would not have you head-strong, but heart-strong. ... To represent unto you the lines and portraitures of a good judge:

1. The first is, that you should draw your learning out of your books, not out of your brain. *

"With discretion to conceal ignorance, a little learning goes a great way on the bench."— Lives of Lord Chancellors, II., 14.

2. That you should mix well the freedom of your own opinion with the reverence of the opinion of your fellows. 3. That you should continue the studying of your books, and not to spend on upon the old stock.

4. That you should fear no man's face, * and yet not turn stoutness into bravery.

5. That you should be truly impartial, † and not so as men may see affection through fine carriage.

6. That you should be a light to jurors to open their eyes, but not a guide to lead them by the noses.

7. That you affect not the opinion of pregnancy and expedition by an impatient and catching hearing of the counsellors at the bar.

8. That your speech be with gravity, as one of the sages of the law; and not talkative, nor with impertinent flying out to shew learning.

9. That your hands, and the hands of your hands, I mean those about you, be clean, and uncorrupt from gifts, from meddling in titles, and from serving of turns, be they of great ones or small ones. ‡

10. That you contain the jurisdiction of the court within the ancient merestones, without removing the mark. §

II. Lastly, that you carry such a hand over your ministers and clerks, as that they may rather be in awe of you, than presume upon you.

*“An ignorant man cannot, a coward dares not, be a good judge."― Bacon's Advice to Villiers.

† A judge in the Isle of Man takes an official oath which concludes as follows: "I will execute the laws of this isle betwixt party and party as indifferently as the herring's backbone doth lie in the midst of the fish."

"For gold his sword the hireling ruffian draws,
For gold the hireling judge distorts the laws."

-Johnson's Vanity of Human Wishes.
"The discretion of a judge is the law of tyrants."-Lord

Camden.

MATTERS CONCERNING JUSTICE AND THE LAWS, AND THE PROFESSORS THEREOF.

But because the life of the laws lies in the due execution and administration of them, let your eye be, in the first place, upon the choice of good judges: these properties had they need to be furnished with: to be learned in their profession, patient in hearing, prudent in governing, powerful in their elocution to persuade and satisfy both the parties and hearers, just in judgment; and, to sum up all, they must have these three attributes: they must be men of courage, fearing God and hating covetousness; an ignorant man cannot, a coward dares not, be a good judge. .. Judges must be as chaste as Cæsar's wife, neither to be, nor to be suspected to be, unjust.

If any sue to be made a judge, for my own part I should suspect him, but if either directly or indirectly he should bargain for a place of judicature, let him be rejected with shame: vendere jure potest, emerat ille prius.- Advice to Sir George Villiers.

ANSWER TO POLITICIANS.

PRAISE OF KNOWLEDGE.

For matter of policy and government, that learning should rather hurt, than enable thereunto, is a thing very improbable: we see it is accounted an error to commit a natural body to empiric physicians, which commonly have a few pleasing receipts, whereupon they are confident and adventurous, but know neither the causes of diseases, nor the complexions of patients, nor peril of accidents, nor the true method of cures: we see it is a like error to rely upon