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whereof the Scripture speaketh; Pluet super eos Laqueos: For Penall Lawes Pressed, are a Shower of Snares upon the People. Therefore, let Penall Lawes, if they have beene Sleepers of long, or if they be growne unfit for the present Time, be by Wise Iudges confined in the Execution; Iudicis Oficium est, ut Res, ita Tempora Rerum,
&c. In Causes of Life and Death; Iudges ought (as farre as the Law permitteth) in Iustice to remember Mercy; And to Cast a Severe Eye upon the Example, but a Mercifull Eye upon the Person.
Secondly, for the Advocates and Counsell that Plead: Patience and Gravitie of Hearing, is an Essentiall Part of Iustice; And an Overspeaking Iudge is no well tuned Cymball. It is no Grace to a Iudge, first to finde that, which hee might have heard, in due time, from the Barre; or to shew Quicknesse of Conceit in Cutting off Evidence or Counsell too short; Or to prevent Information, by Questions though Pertinent. The Parts of a ludge in Hearing are Foure: To direct the Evidence; To Moderate `Length, Repetition, or Impertinency of Speech; To Recapitulate, Select, and Collate, the Materiall Points of that, which hath beene said; And to Give the Rule or Sentence. Whatsoever is above these, is too much; And proceedeth, Either of Glory and willingnesse to Speake; Or of Impatience to Heare; Or of Shortnesse of Memorie; Or of Want of a Staid
and Equall Attention. It is a Strange Thing to see, that the Boldnesse of Advocates, should prevaile with Iudges; 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 Iudges should have Noted Favourites; Which cannot but Cause Multiplication of Fees, and Suspicion of By-waies. There is due from the Iudge, to the Advocate, some Commendation and Gracing, where Causes are well Handled, and faire Pleaded; Especially towards the Side which obtaineth not; For that upholds, in the Client, the Reputation of his Counsell, and beats downe, in him, the Conceit of his Cause. There is likewise due to the Publique, a Civill Reprehension of Advocates, where there appeareth Cunning Counsel, Grosse Neglect, Slight Information, Indiscreet Pressing, or an Over-bold Defence. And let not the Counsell at the Barre, chop with the Iudge, nor winde himselfe into the handling of the Cause anew, after the ludge hath Declared his Sentence: But on the other side, Let not the Iudge meet the Cause halfe Way; Nor give Occasion to the Partie to say; His Counsell or Proofes were not heard.
Thirdly, for that that concernes Clerks, and Ministers. The Place of Justice, is an Hallowed Place; And therefore, not only the Bench, but the Foot-pace, and Precincts, and Purprise thereof, ought to be preserved without Scandall and Corruption. For certainly, Grapes, (as the Scripture saith) will not be gathered of Thornes or Thistles: Neither can Iustice yeeld her Fruit
with Sweetnesse, amongst the Briars and Brambles, of Catching and Poling Clerkes and Ministers. The Attendance of Courts is subiect to Foure bad Instruments. First, Certaine Persons, that are Sowers of Suits; which make the Court swell, and the Country pine. The Second Sort is of those, that ingage Courts, in Quarells of Iurisdiction, and are not truly Amici Curiæ, but Parasiti Curiæ; in puffing a Court up beyond her Bounds, for their owne Scraps, and Advantage. The Third Sort is of those, that may be accounted, the Left Hands of Courts; Persons that are full of Nimble and Sinister Trickes and Shifts, whereby they pervert the Plaine and Direct Courses of Courts, and bring Iustice into Oblique Lines and Labyrinths. And the Fourth is, the Poler and Exacter of Fees; which iustifies the Common Resemblance of the Courts of Iustice, to the Bush, whereunto while the Sheepe flies for defence in Wether, hee is sure to loose Part of his Fleece. On the other side, an Ancient Clerke, skilfull in Presidents, Wary in Proceeding, and Understanding in the Businesse of the Court, is an excellent Finger of a Court; And doth many times point the way to the Iudge himselfe.
Fourthly, for that which may concerne the Soveraigne and Estate. Iudges ought above all to remember the Conclusion of the Roman Twelve Tables; Salus Populi Suprema Lex; And to know, that Lawes, except they bee in Order to that End, are but Things Captious, and Oracles not well Inspired. Therefore it is an Happie Thing in a State, when Kings and
States doe often Consult with Iudges; And againe, when Iudges doe often Consult with the King and State: The one, when there is Matter of Law, intervenient in Businesse of State; The other, when there is some Consideration of State, intervenient in Matter of Law. For many times, the Things Deduced to Iudgement, may bee Meum and Tuum, when the Reason and Consequence thereof, may Trench to Point of Estate : I call Matter of Estate, not onely the parts of Soveraigntie, but whatsoever introduceth any Great Alteration, or Dangerous president; Or Concerneth manifestly any great Portion of People. And let no Man weakly conceive, that Iust Laws, and True Policie, have any Antipathie: For they are like the Spirits, and Sinewes, that One moves with the Other. Let Iudges also remember, that Salomons Throne, was supported by Lions, on both Sides; Let them be Lions, but yet Lions under the Throne; Being circumspect, that they doe not checke, or oppose any Points of Soveraigntie. Let not Iudges also, be so Ignorant of their owne Right, as to thinke, there is not left to them, as a Principall Part of their Office, a Wise Use, and application of Lawes. For they may remember, what the Apostle saith, of a Greater Law, then theirs; Nos scimus quia Lex bona est, modò quis ed utatur Legitimè.
To seeke to extinguish Anger utterly, is but
I a Bravery of the Stoickes. We have better Oracles: Be Angry, but Sinne not. Let not the Sunne goe downe upon your Anger. Anger must be limited, and confined, both in Race, and in Time. We will first speake, How the Naturall Inclination, and Habit, To be Angry, may be attempred, and calmed. Secondly, How the Particular Motions of Anger, may be repressed, or at least refrained from doing Mischiefe. Thirdly, How to raise Anger, or appease Anger, in Another.
For the first; There is no other Way, but to Meditate and Ruminate well, upon the Effects of Anger, how it troubles Mans Life. And the best Time, to doe this, is, to looke backe upon Anger, when the Fitt is throughly over. Seneca saith well; That Anger is like Ruine, which breakes it Selfe, upon that it fall's. The Scripture exhorteth us; To possesse our Soules in Patience, Whosoever is out of Patience, is out