The Holy State, Book 4 · Chapter 7
CHAP. 7. The good Iudge.
THe good Advocate, whom we *Lib. 2. cap. 1.formerly described, is since by his Princes favour, and own deserts, advanced to be a Judge: which his place he freely obtained with Sr. Augustine *Bolton in his funer. notes on him.Nicolls, whom King James used to call the Iudge that would give no money. Otherwise they that buy Justice by wholesale, to make themselves savers must sell it by retail.
Maxime 1He 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 countrey people must be impertinent, before they can be pertinent, and cannot give evidence about an hen, but first they must begin with it in the egge. All which our Judge is contented to hearken to.
2He 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 lead. 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 words, give him new matter, yea clean contrary to what he intended.
Having heard with patience, 3he gives sentence with uprightnesse. For when he put on his robes, he put off his relations 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, 4once broken with a definitive sentence; and causeth that contentious suits be spued out, as the surfets of Courts.
He so hates bribes, 5that he is jealous to receive any kindnesse above the ordinary proportion of friendship; lest like the Sermons of wandring 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 Romane Judges for acquitting Clodius a great malefactour, when he met them going home well attended with Officers; You do well (quoth he) to be well *Plutar. in the life of Cicero, pag. 872.guarded for your safety, lest the money be taken away from you, you took for bribes. Our Judge also detesteth the trick of Mendicant Friers, who will touch no money themselves, but have a boy with a bag to receive it for them.
When he sits upon life, 6in judgement he remembreth mercy. Then (they say) a butcher may not be of the Jurie, much lesse let him be the 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 *Holinshed in Queen Marie, pag. 1112.errour amongst Judges did not admit any witnesse to speak, or any other matter to be heard in favour of the adversary, her Majestie being party; yet her Highnesse pleasure was that whatsoever could be brought in the favour of the Subject should be admitted and heard.
7If the cause be difficult, his diligence is the greater to sift it out. For though there be mention, Psal. 37.6. of righteousnesse as clear as the noon-day, yet God forbid that that innocency which is no clearer then twilight should be condemned. And seeing ones oath commands anothers 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 houre, when the fault's in the wheels of the clock which direct it, and are out of frame.
8The sentence of condemnation he pronounceth with all gravity. 'Tis best when steep'd in the Judges tears. He avoideth all jesting on men in misery: easily may he put them out of countenance, whom he hath power to put out of life.
9Such as are unworthy to live, and yet unfitted to die, he provides shall be instructed. By Gods mercy, and good teaching, the reprive of their bodies may get the pardon of their souls, and one dayes longer life for them here may procure a blessed eternity for them hereafter, as may appear by this memorable Example. It happened about the yeare one thousand five hundred and fiftie six in the town of *Melchior Adamus in vit. Iac. Andreae, pag. 639.Weissenstein in Germany that a Jew for theft he had cōmitted, was in this cruell manner to be executed: He was hang'd by the feet with his head downwards betwixt two dogs, which constantly snatch'd and bit at him. The strangenesse of the torment moved Jacobus Andreas (a grave, moderate, and learned Divine 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 Psalmes, wherein he cryed out to God for mercy. Andreas hereupon took occasion to counsell him 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 baptized, though presently after he were hanged again (but by the neck as Christian malefactours suffered) which was accordingly granted him.
He is exact to do justice in civill Suits betwixt Sovereigne and Subject. 10This 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 false 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. 11Those who made the Laws to be not onelyonly 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 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, when not 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 great Assize of the world.