mind of man naturally recoils from the extremes of guilt and infamy. The temptation too is in the prefent inftance nearly or altogether removed by the liberal emoluments and permanent fituation of the Judges; and by the wisdom of the judicial fyftem in this country, which, as far as human precautions can avail, seems to preclude the poffibility of undetected corruption.

Patient and uniform attention during the progrefs of a trial fhould mark the conduct of an upright Judge. His duty is to imprint on his memory every leading fact and important circumstance on either fide of the question; to liften without bias to the contending Counfel; and impartially to examine the adverse witneffes. He will not attempt to fhew his fagacity by oftentatiously anticipating what he might fhortly have heard from the Bar; nor gratify his vanity, or indulge his weariness, by needlessly interrupting the pleaders and evidences, and preventing pertinent interrogations and replies. He will exprefs a marked disapprobation of all forms and proceedings adopted for the purpofe of adding to the charge, or protracting

protracting the duration of the conteft; and on previous application will reprefs them by fuitable cenfures, by ftriking irrelevant parts out of indiaments, and by all other means in his power. While he unites in his own demeanour affable condefcenfion with fober dignity; he will check in the Advocates all unbecoming artifices, all brow-beating, all attempts to confound and embarafs the witneffes, all intemperate heat, all perfonal afperity, and more especially every approach to virulence and flander and will not be led by mistaken. delicacy towards the Counfel, to content himself with liftening with filent diflike; but will stand forward with active and pointed interpofition to check any part of their behaviour which deferves reprehenfion. He will fhew by his fairness and candour that he has not imbibed any of the prejudices which may be prevalent in the country refpecting the cause or the parties at iffue. If he perceives the prisoner in a criminal cause, or one of the parties in a civil fuit, to be oppressed by combination, power, or ftratagem, or likely to be overcome by the fuperiority of talents arrayed against him; the Judge will regard himself

as called upon to affift, as far as equity will permit, the weaker fide; and fo to level the ground, that truth and juftice (/) may not be obftructed in their courfe. He will imprefs on all parties the facred nature of oaths, and cause them to be administered with flowness and folemnity. He will chaftife by speedy and exemplary punishment the prevaricating and the perjured witnefs. He will not fuffer the fraudulent Attorney detected in his machinations to escape unpunished; nor permit him to involve himself and others in future villanies by continuing (m) the exercise of

(1) "The Judge fhall be counsel for the prifoner; "that is, fhall fee that the proceedings against him are legal and strictly regular." Blackstone, iv. 355. This rule the learned Judge terms "a noble declaration of "law."

(m) The examination of Attornies by the Judges previoudly to their being admitted to practice is now become a mere form. The deputies, to whom that business is neceffarily configned, are too apt to admit indifcriminately all who apply. It would be well if means were devised of inftituting a ferious enquiry not only as to knowledge, but also as to moral character. A proper step has been taken of late, in requiring the names and places of abode of all who defire to be admitted to practice to be hung up in public during a whole term.

..

his profeffion, in his own name, nor (if it be poffible to prevent the fraud) under cover of a collusive partnership with some unprincipled affociate. In every cafe which admits of being concluded by arbitration, he will earnestly recommend that lefs irritating mode of decifion; and will never pafs by an opportunity of preventing or terminating animofities, diffenfions, and quarrels, and leading the angry dif putants by mutual conceffions to fincere and durable reconciliation. He will reverence the inftitution of Juries as the fafeguard of English liberty; and will never feek to encroach on their legal power, nor endeavour, by reforting to fictitious or refined diftinctions between the fact and the law, to withdraw any part of the queftion from their jurisdiction into his own. In addreffing himself to the Jurors, he will avoid the infincerity of ftudied compliment, and the parade of eloquence and learning. He will ftudiously accommodate himself to the level of their apprehenfion. He will state to them the fum of the evidence on each fide of the question in perfpicuous order, and with perfect impartiality; recapitulating, felecting,

and

and collating the material points, and carefully remarking the circumftances which tend to confirm or to impair the credit of fufpicious witneffes. In affifting the Jury with his profeffional knowledge he will obferve the inftructions of Lord Chancellor (n) Bacon: "Judges

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ought to remember that their office is jus

dicere, and not jus dare; to interpret law "and not to make law, or give law. Elfe “will it be like the authority claimed by the "Church of Rome; which under pretence "of expofition of Scripture doth not stick to “add and alter, and to pronounce that which they do not find, and by fhew of antiquity "to introduce novelty."

In the interpretation of all laws, and especially of penal laws, a confcientious Judge will avoid ftrained inferences and forced conftructions. He will not attempt to awaken the flumbering rigour, nor to revive the obfolete authority, of statutes enacted in times of heat and turbulence, and ordaining unusual

(7) In the beginning of his Effay on Judicature.

and