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nishing the rich and prodigal. He will not seek to correct the shameless villain by expofing him on the pillory. He will not consign to the lash the sturdy criminal, who, though he laughs at transient pain, might have been deterred at least from repeating his offence, and perhaps weaned from all inclination to repeat it, by the irksomeness of solitude and labour. He will not affix a chastisement difproportioned to the transgression immediately before him, by way of wreaking vengeance on the prisoner for some former act of misconduct. On all occasions, and particularly on the folemn decisions of life and death, he will rejoice when mercy may be allowed to prevail against justice.

When he communicates in civil cases, for the information of the Jury, his opinion respecting the quantum of damages to be assigned, let him not overlook any consideration arising either from the nature of the case, or from the fituation and circumstances of the parties concerned, which ought to have an influence on their mind, or on his own. In exercising his D d 2

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discretionary power (7) of granting or refusing costs, it is not sufficient that the Judge Thould conduct himself with perfect fairness. Let him guard against a failing far more likely to be displayed than want of integrity, the want of adequate deliberation. And let him steadily withhold the necessary certificate from persons, who have evidently resorted to a court of law from the impulse of malice; or who have ftudied to confound the party accused by the irrelevancy and prolixity of the indictment; or by summoning a special jury, or by any other artifices and maneuvres, to load their opponents with expence, and to procrastinate the moment of deciGon.

In paffing judgement on a convicted pri

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(q) In the case of trespasses, when the damages afTeffed by the Jury are under forty shillings, costs are not allowed by law, unless the Judge certifies the action to have been wilful and malicious. In the case of assaults also, when the damages do not amount to sorty shillings, the Judge has a power of giving coits. In Courts of Equity it is universally in the option of the Judge, whether costs shall be granted or not. The costs of a Special Jury are not allowed, unless the Judge will certify that there was a proper cause for summoning one.

soner, foner, and particularly on a prisoner convicted of a capital offence, an opportunity frequently presents itself, of making a deep and falutary impression on the mind both of the unhappy victim of the law, and of all who are witnelles of his condemnation (n). A wise and conscientious Judge will never neglect so favourable an occasion of inculcating the enormity of vice, and the fatal consequences to which it leads. He will point out to his hearers the several causes, when they are sufficiently marked to admit of description and application, which have conducted step by step the wretched object before them through the several shades and degrees of guilt to a transgression unpardonable on earth. He will dwell with peculiar force on such of those causes as appear to him the most likely, either from the general principles of human nature, or from local circumstances, to exert their contagious influ

(r) Much offence has fometimes been taken, and with reason, by confiderate men, at the conduct of Judges, who, after pronouncing in Court the fatal sentence of the law against unhappy criminals, have appeared in the evening among the thoughtless crowd at the ball-room. Aflizes are indeed seasons unfitly chosen for the display of festivity and public amusements.

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ence on the persons whom he addresses. And whatever be the crime which is the subject of his animadversions, he will not content himself with considering it in a political light, and displaying its baneful effects on the happiness of society ; but will direct the attention of his audience to those views of the nature and consequences of vice, which are revealed in the awful denunciations of the Gospel. In cases of acquittal, a judicious address from the Judge to the prisoner may frequently guard the latter, if innocent, against those indiscretions, and those connections, which might ultimately have led him into crimes ; if guilty, against subjecting himself in future to the risk of the punishment which he has now chanced to escape. It may also act as a salutary admonition on many among the audience.

Those principles which have guided the conduct of the Judge during the trial of the prisoner, will regulate all subsequent proceedings respecting him. Whether he allows him a respite, as affording the means of better preparation for death, or possibly of clearing up some circumstances which contributed to his

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conviction; whether he grants him a reprieve; whether he recommends him as a proper object of royal mercy; he will form his determination on the solid grounds of equity and public good. A subordinate regard he will undoubtedly pay to the welfare of the individual, both as being one of the public, and as being the person who in the present moment has the most at stake. But he will feel the necessity of withstanding improper folicitations, however respectable the quarter may be from which they come : he will fortify himself against the effusions of indiscriminate compassion operating in the breast of others; and, difficult as the task may be, against the emotions of improvident sympathy in his own.

II. It remains to subjoin a few remarks on the general conduct of a Judge, which could not be conveniently interwoven among the preceding observations.

The repression of vice, the encouragement of virtue, the security of freedom, and the removal of impediments to the progress of na

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