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own deserts, advanced to be a judge, which his place he freely obtained, with Sir Augustine Nicolls, whom King James used to call, the Judge that would give no money; otherwise, they that buy justice by wholesale, to make themselves savers must sell it by retail.'

"He is patient and attentive in hearing the pleadings on both sides, and hearkens to the witnesses, though tedious. He may give a waking testimony, who hath but a dreaming utterance; and many country people must be impertinent, before they are pertinent, and cannot give evidence about a hen, but first they must begin with it in. the egge. All which our judge is contented to hearken to.

"He meets not a testimony half way, but stayes till it come at him. He that proceeds on half evidence, will not do quarter justice. Our judge will not go till he is led. If any shall brow-beat a pregnant witnesse, on purpose to make his proof miscarry, he checketh them, and helps the witnesse that labours in his delivery. On the other side, he nips those lawyers, who, under a pretence of kindnesse to lend a witnesse some wordes, give him new matter, yet clean contrary to what he intended.

"Having heard with patience, he gives sentence with upwritenesse. For when he put on his robes, he put off his relation to any; and, like

Melchisedech, becomes without pedigree. His private affections are swallowed up in the common cause, as rivers lose their names in the ocean. He, therefore, allows no noted favourites, which cannot but cause multiplication of fees, and suspicion of by-wayes.

"He silences that lawyer who seeks to set the neck of a bad cause, once broken, with a definitive sentence, and causeth that contentious suits be spued out, as the surfets of Courts.

"He so hates bribes, that he is jealous to receive any kindnesses above the ordinary proportion of friendship, lest, like the sermons of wan. dering preachers, they should end in begging. And surely integrity is the proper portion of a judge. Men have a touch-stone whereby to try gold, but gold is the touch-stone whereby to trie men. It was a shrewd gird which Catulus gave the Roman Judges for acquitting Clodius, a great malefactor, when he met them going home well attended with officers: You do well (quoth he) to be well guarded for your safety, lest the money be taken away from you, you took for bribes.' Our judge also detesteth the trick of mendicant Friars, who will touch no money themselves, but have a boy with a bag to receive it for them. When he sits upon life, in judgment he remembreth mercy. Then, (they say) a butcher may not be of the jurie; much lesse let him be a judge. Oh,

let him take heed how he strikes, that hath a dead hand. It was the charge Queen Marie gave to judge Morgan, Chief Justice of the Common Pleas, that notwithstanding the old errour amongst judges did not admit any witnesse to speake, or. any other matter to be heard in favour of the adversary, her Majesty being party; yet her Highnesse' pleasure was, that whatsoever could be brought in the favour of the subject should be admitted and heard. If the cause be difficult, his diligence is the greater to sift it out. For though there be mention, (Psalm xxxvii. 6.) of righteousness as cleare as the noon day, yet God forbid that innocency, which is no clearer than twilight, should be condemned. And seeing one's oath commands another's life, he searcheth whether malice did not command that oath: yet when all is done, the judge may be deceived by false evidence. But blame not the hand of the diall, if it points at a false howre, when the fault's in the wheels of the clock which direct it, and are out of frame.

The sentence of condemnation he pronoun. ceth with all gravity. "Tis best when steeped in the judge's tears. He avoideth all jesting on men in misery easily may he put them out of coun-. tenance, whom he hath power to put out of life, Such as are unworthy to live, and yet unfitted to die, he provides shall be instructed. By God's mercy, and good teaching, the reprieve of their

bodies may get the pardon of their souls, and one day's longer life for them here may procure a blessed eternity for them hereafter, as may appear by this memorable example. It happened about the year 1556, in the town of Weissenstein, in Germany, that a Jew, for theft he had committed, was in this cruel manner to be executed: He was hanged by the feet, with his head downwards betwixt two dogs, which constantly snatched and bit at him. The strangenesse of the torment moved Jacobus Andreas (a grave, moderate, and learned Divîne, as any in that age) to go to behold it. Coming thither, he found the poore wretch, as he hung, repeating verses out of the Hebrew psalms, wherein he cried out to God for mercy. Andreas, hereupon, took occasion to counsell, to trust in Jesus Christ, the true Saviour of mankind. The Jew, embracing the Christian faith, requested but this one thing, that he might be taken down and be baptised, though presently after, he were hanged again, (but by the neck, as Christian malefactors suffered) which was accordingly granted him.

"He is exact to do justice in civil suits betwixt sovereigne and subject. This will most ingratiate him with his Prince at last. Kings neither are, can, nor should be, lawyers themselves, by reason of higher state employments, but herein they see with the eyes of their judges, and at last

will break those spectacles which, (in point of law,) shall be found to have deceived them.

"He counts the rules of state and the laws of the realm mutually support each other. Those who made the laws to be not onely disparate, but. even opposite terms to maximes of government, were true friends neither to laws nor government. Indeed, Salus Reip. is charta maxima: extremity makes the next the best remedy. Yet though hot I waters be good to be given to one in a swound, they will burn his heart out who drinks them constantly when in health. Extraordinary courses are not ordinarily to be used, but when enforced by absolute necessity.

"And thus we leave our good judge to receive a just reward of his integrity, from the Judge of Judges, at the last assize of the world." (Fuller's Holy State, p. 270.)

"Mr. Bacon, after he had been vehement in parliament against depopulation and inclosures, and that soon after the queen told him, that she had referred the hearing of Mr. Mill's cause to certain counsellors and judges; and asked him how he liked it? answered, 'Oh, Madam, my mind is known; I am against all inclosures, and especially against inclosed justice.'" (Bacon's Apothegms.)

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