they bring not upon the people that shower whereof the Scripture speaketh: "Pluet super eos laqueos," 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. LORD BACON. 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 person. IBID. PATIENCE and gravity of hearing is an essential part of justice; 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 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 stayed and equal attention. LORD BACON. 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 sit ; who represseth the presumptuous and giveth grace to the modest: 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, some 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 public, a civil reprehension of advocates, where there appeareth <cunning counsel, gross neglect, slight 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 declared 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 counselor proofs were not heard. IIBID. 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 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 consideration of state intervenient in matter of law. KINGS. LORD BACON. A monarch's crown, Golden in show, is but a crown of thorns; Brings dangerous troubles, cares, and sleepless nights, To him who wears the regal diadem. For therein lies the office of a king, His honour, virtue, merit, and chief praise, That for the public, all his weight he bears. Luxurious kings are to their people lost, MILTON. DRYDEN. A KING is a mortal god on earth, unto whom the living God hath lent his own name as a great honour; but withal, told him he should die like a man, lest he should be proud, and flatter himself that God hath with his name, imparted unto him his nature also. Of all kind of men, God is the least beholding "unto them; for he doth most for them, and they do ordinarily least for him. 'He must make religion the rule of government, and not to balance the scale; for he that casteth in religion only to make the scales even, his own "weight is contained in those characters," Mene, "mene, tekel, upharsin;" "He is found too light, his kingdom shall be taken from him." And that king that holds not religion the best reason of state, is void of all piety and justice, the supporters of a king. He is the fountain of honour, which should not run with a waste pipe,' lest the courtiers sell the water, and then (as papists say of their holy wells) it loses the virtue. t A king that setteth to sale seats of justice, oppresseth the people; for he teacheth his judges to sell justice; and, "precio parata, precio ven“ditur justitia." 2 Bounty and magnificence are virtues very regal, but a prodigal king is nearer a tyrant, than a parsimonious; for store at home draweth not his contemplations abroad; but want supplieth itself of what is next, and many times the next way: aking herein must be, wise, and know what he "may justly do. "That king® which is not feared, is not loved ; and he that is well seen in his craft, must as well -study to be feared as loved; yet not loved for fear, but feared før love. 3 Therefore, as he must always resemble chim whose great name he beareth, and that as in manifesting the sweet influence of his mercy on the #severe stroke of his justice sometimes, so is this not to suffer a man of death to live; for besides that the land, doth mourn, the restraint of justice towards sin, doth more retard: the affection of dove, than the extent of mercy doth inflame ́it; and sure, where love is ill bestowed, fear is quite lost. 1 0 The love which a king oweth to a weal public, should not be restrained to any one particular; -yet that his more, special favour do reflect upon some worthy ones, is somewhat necessary, because there are few of that capacity. 1 His greatest enemies are his flatterers; for though, they ever speak on his side, yet their words -still make against him. I 1 I A king, when he presides in council, let him beware how he opens his own, inclination, too much in that which he propoundeth,..for else, counsellors will but take the wind of him, and, +instead of giving free counsel, will sing him a song of "Placebo.” It is in vain for princes to take counsel concerning matters, if, they take no counsel likewise concerning persons; for all matters are as dead images; and the life of the execution of affairs |