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then is the Virtue of a Judge seen to make Inequality equal ; that he may plant his Judgement as upon an even Ground. Qui fortiter emungit, elicit Sanguinem ;5 and where the Wine-press is hard wrought, it yields a harsh Wine, that tastes of the Grape-stone. Judges must beware of hard Constructions, and strained Inferences; for there is no worse Torture than the Torture of Laws. Specially in case of Laws penal, they ought to have Care that that which was meant for Terror be not turned into Rigour; and that they bring not upon the People that Shower whereof the Scripture speaketh, Pluet super eos Laqueos : 6 for penal Laws pressed are a Shower of Snares upon the People. Therefore let penal Laws, if they have been Sleepers of long, or if they be grown unfit for the present Time, be by wise Judges confined in the Execution ; Judicis Officium eft, ut Res, ita Tempora Rerum,
&c.? In Causes of Life and Death Judges ought (as far as the Law permitteth) in Justice to remember Mercy; and to cast a severe Eye upon the Example, but a merciful Eye upon the Perfon.
Secondly, for the Advocates and Counsel that plead: Patience and Gravity of hearing is an essential Part of Justice; and an over-speaking Judge is no well-tuned Cymbal,8 It is no Grace to a Judge first to find that which he might have heard
5 Prov. XXX. 33.
6 Pf. xi. 6.
in due time from the Bar; or to shew Quickness of Conceit in cutting off Evidence or Counsel too short; or to prevent Information by Questions, though pertinent. The Parts of a Judge in hearing are Four: To direct the Evidence; to moderate Length, Repetition, or Impertinency of Speech; to recapitulate, select, and collate, the material Points of that which hath been said ; and to give the Rule or Sentence. Whatsoever is above these is too much; and proceedeth, either of Glory and willingness to speak, or of Impatience to hear, or of Shortness of Memory, or of Want of a staid and equal Attention. It is a strange Thing to see that the Boldness of Advocates should prevail with Judges ; whereas they should imitate God, in whose Seat they fit, who represeth the Presumptuous, and giveth Grace to the Modeft. But it is more strange, that Judges should have noted Favourites, which cannot but cause Multiplication of Fees, and Suspicion of By-ways. There is due from the Judge to the Advocate fome Commendation and Gracing, where Causes are well handled and fair pleaded ; especially towards the side which obtaineth not; for that upholds in the Client the Reputation of his Counsel, and beats down in him the Conceit of his Cause. There is likewise due to the Publick a Civil Reprehension of Advocates, where there appeareth cunning Counsel, grofs Neglect, Night Information, indiscreet Pressing, or an over-bold Defence. And let not the Counsel at the Bar chop with the Judge, nor wind himself into the handling of the Cause anew after the Judge hath de
clared his Sentence; but, on the other side, let not the Judge meet 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 faith) will not be gathered of Thorns or Thistles ;9 neither can Juftice yield her Fruit with sweetness amongst the Briars and Brambles of catching and polling Clerks and Ministers. The Attendance of Courts is fubject 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 Curie, but Parafiti 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 finister 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 defence in Weather, he is sure to lose Part of his Fleece. On the other side, an
9 Matt. vii. 16.
antient Clerk, skilful 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 fuprema Lex ;10 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 a happy Thing in a State, when 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 Confideration of State intervenient in Matter of Law; for many times, the Things deduced to Judgement 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 ; 11 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 to them, as a principal Part of their Office, a wise Use and application of Laws; for they may remember what the Apostle faith of a Greater Law than theirs ; Nos scimus quia Lex bona eft, modò quis eâ utatur legitimè.12
10 This is not from the Laws of the XII Tables, but among those which Cicero has set down in his book de Legibus, iii. 3, for the government of his imaginary Republic. It is remarkable that Selden seems to have made the same mistake. See Table Talk, article People, p. 112, Ed. 1856, and my note there.
LVII. Of Anger.
O seek to extinguish Anger utterly is
but a Bravery of the Stoicks. We have better Oracles: Be angry, but sin not:
Let not the Sun go down upon your Anger.1 Anger must be limited and confined, both in Race and in Time. We will first speak how the natural Inclination and Habit, to be angry, may be attempered and calmed.
Secondly, how the particular Motions of Anger may be repressed, or at least refrained from doing Mischief. Thirdly, how to raise Anger or appease Anger in another.
For the first; there is no other way but to meditate and ruminate well upon the Effects of Anger, how it troubles Man's Life; and the best Time to do this is to look back upon Anger when the Fit is thoroughly over. Seneca faith well That 1 Kings X. 19, 20.
i Tim. i. 8. Eph, iv, 26.