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be (faith the Scripture) that turn Judgement into Wormwood; and furely, there be also, that turn it into Vinegar; for Injuftice maketh it bitter, and Delays make it four. The principal Duty of a Judge, is to fupprefs Force and Fraud; whereof Force is the more pernicious, when it is open; and Fraud, when it is close and disguised. Add thereto contentious Suits, which ought to be fpued out, as the Surfeit of Courts. A Judge ought to prepare his Way to a juft Sentence, as God ufeth to prepare his Way, by raising Valleys, and taking down Hills: So when there appeareth on either fide a high Hand; violent Prosecution, cunning Advantages taken, Combination, Power, great Counsel, then is the Virtue of a Judge feen, to make Inequality equal; that he may plant his Judgement, as upon an even Ground. Qui fortitèr emungit, elicit Sanguinem; and where the Wine-press is hard wrought, it yields a harsh Wine, that taftes of the Grape-ftone. Judges muft beware of hard Conftructions, and ftrained Inferences; for there is no worse Torture, than the Torture of Laws. Specially in cafe 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 fuper eos Laqueos: For penal Laws preffed, are a Shower of Snares upon the People, Therefore, let penal Laws, if they have been Sleepers of long, or if they be grown for the present Time, be by wife Judges confined in the Execution; Judicis Officium eft, ut Res, ita

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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 Juftice; and an over-speaking Judge is no well-tuned Cymbal. It is no Grace to a Judge, first to find that which he might have heard, in due time, from the Bar; or to fhew 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, felect, and collate, the material Points of that which hath been faid; 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 ftrange Thing to fee, that the Boldnefs of Advocates fhould prevail with Judges; whereas they should imitate God, in whose Seat they fit; who reprefeth the Prefumptuous, and giveth Grace to the Modeft. But it is more ftrange, that Judges fhould have noted Favourites; which cannot but caufe Multiplication of Fees, and Sufpicion of By-ways. There is due from the Judge, to the Advocate, fome Commendation and Gracing, where Caufes are well handled, and fair

pleaded; especially towards the Side which obtaineth not; for that upholds, in the Client, the Reputation of his Counfel, and beats down, in him, the Conceit of his Caufe. There is likewife due to the Publick, a Civil Reprehenfion of Advocates, where there appeareth cunning Counsel, grofs Neglect, flight Information, indiscreet Preffing, 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 Caufe anew, after the Judge hath declared his Sentence: But on the other fide, let not the Judge meet the Caufe half way; nor give occafion to the Party to fay; His Counsel or Proofs were not heard.

Thirdly, for that that concerns Clerks, and Minifters. The Place of Justice is a 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 poling Clerks and Minifters. The Attendance of Courts is fubject to Four bad Inftruments. First, certain Perfons, that are Sowers of Suits; which make the Court fwell, and the Country pine. The Second Sort is of those that engage Courts in Quarrels of Jurifdiction, and are not truly Amici Curiæ, 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; Perfons that are full of nimble and finifter 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 Poler and Exacter of Fees; which juftifies the Common Resemblance of the Courts of Justice to the Bush, whereunto while the Sheep flies for defence in Weather, he is sure to lofe Part of his Fleece. On the other fide, an antient Clerk, fkilful 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 Conclufion of the Roman Twelve Tables; Salus Populi fuprema 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 a happy Thing in a State, when Kings and States do often confult with Judges; and again, when Judges do often confult with the King and State: The one, when there is Matter of Law, intervenient in Business of State; the other, when there is fome 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 Eftate: I call Matter of Eftate, not only the parts of Sovereignty, but whatsoever introduceth any great Alteration, or dangerous Precedent; or concerneth manifeftly

any great Portion of People. And let no Man weakly conceive, that juft Laws, and true Policy, have any Antipathy: For they are like the Spirits, and Sinews, that one moves with the other. Let Judges alfo remember, that, Solomon's Throne was fupported by Lions on both Sides; let them be Lions, but yet Lions under the Throne; being circumfpect, 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 wife Ufe and application of Laws. For they may remember, what the Apostle faith, of a Greater Law than theirs; Nos fcimus quia Lex bona eft, modò quis eâ utatur legitimè.

LVII. Of Anger.

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O feek to extinguish Anger utterly, is but a Bravery of the Stoicks. We have better Oracles: Be angry, but fin not. Let not the Sun go down upon our Anger. Anger must be limited, and confined, both in Race, and in Time. We will firft fpeak, how the natural Inclination, and Habit, to be angry, may be attempered, and calmed. Secondly, how the particular Motions of Anger may be repreffed, or at least refrained from doing Mischief. Thirdly, how to raise Anger, or appeafe Anger, in another. For the firft; there is no other Way, but to

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