OF JUDICATURE

Judges ought to remember, that their office is jus dicer, and not jus dare (To declare the law , not to make the law); to
interpret law, and not to make law, or give law. Else will it be like the authority, claimed by the Church of Rome, which
under pretext of exposition of Scripture, doth not stick to add and alter; and to pronounce that which they do not find; and
by show of antiquity(Work from an ancient past), to introduce novelty. Judges ought to be more learned (Judges should
acquire much knowledge through study), than witty (Judges should not be showing or characterized by quick and
inventive verbal humour. “a witty remark"), more reverend, than plausible(Judges should be seeming reasonable or
probable. "a plausible explanation"), and more advised(wise.), than confident(optimistic). Above all things, integrity (the
quality of being honest and having strong moral principles."a gentleman of complete integrity")is their portion(a
person's destiny or lot."what will be my portion?") and proper virtue(behaviour showing high moral
standards.). Cursed (saith the law) is he that removeth the land-mark. The mislayer (To put in a place that is afterward
forgotten) of a mere-stone is to blame. But it is the unjust judge, that is the capital remover of landmarks (The judge who
does not consider landmark is an unjust judge), when he defineth amiss, of lands and property. One foul sentence doth
more hurt, than many foul examples (It will corrupt the society). For these do but corrupt the stream, the other corrupteth
the fountain. (One foul sentence will corrupt the foundation of society ) So with Salomon, Fons turbatus, et vena
corrupta, est justus cadens in causâ suâ coram adversario. (A righteous man falling down before the wicked is as a
troubled fountain or a corrupt spring)The office of judges may have reference unto (to) the parties that use, unto the
advocates that plead, unto the clerks and ministers of justice underneath(conceal them) them, and to the sovereign or state
above them.

First, for the causes or parties that sue. There be (saith the Scripture) that turn judgement into wormwood; (A star fell
from sky and poisoned 1/3rd of water) and surely there be also, that turn it into vinegar; for injustice maketh it bitter, and
delays make it sour(Judges will turn judgment into sour by turning it into delay.). The principal duty of a judge, is to
suppress force and fraud; whereof force is the more pernicious (having hrmful effect), when it is open, and fraud, when it
is close and disguised. Add thereto contentious suits (controversial, likely to have more arguments), which ought to be
spewed out(to flow out of something in a fast and forceful way), as the surfeit(excess amount) of courts. A judge ought
to prepare his way to a just sentence, as God useth to prepare his way, by raising valleysand taking down hills: so when
there appeareth on either side an high hand, violent prosecution, cunning advantages taken, combination, power, great
counsel, then is the virtue of a judge seen, to make inequality equal; that he may plant his judgment as upon an even
ground. Qui fortiter emungit, elicit sanguine (Violent wringing makes the nose bleed); and where the wine-press is hard
wrought, it yields a harsh wine, that tastes of the grape-stone (Judiciary should act in such a way that it will rain
disaster on people who have done wrong). Judges must beware of hard constructions, and strained inferences; for there
is no worse torture, than the torture of laws. Specially in case of laws penal, they ought to have care, that that was meant
for terror, be not turned into rigor; and that they bring not upon the people(Judges should harmonize the punishment.
Penal laws are only to create terror In the society so that others should not do that crime again but judges while
punishing the accused should harmonize the punishment), that shower whereof the Scripture speaketh, Pluet super eos
laqueos(He will rain snares upon them): 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 (While applying penal laws judges must look at the time when such law was enacted and also look at
the matter)

Judicis officium est, ut res, ita tempora rerum, &c.( A judge must have regard to the time as well as to
the matter)
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.

Secondly, for the advocates and counsel that plead. Patience and gravity of hearing, is an essential part of justice; and an
overspeaking judge is no well-tuned cymbal(A judge who continually interrupt is not a well tuned cymbal(A musical
instrument ). It is no grace to a judge, first to find that, which he might have heard in due time from the bar; or to show
quickness of conceit, in cutting off evidence or counsel too short; or to prevent information by questions, -though
pertinent.( Judges who does not allow the counsel to ask question even though that question is important) The parts
of a judge in hearing, are four: to direct the evidence; to moderate length(No repetition. Specially in Indian judgment
there is lot of repetition), repetition, or impertinency of speech; to recapitulate, select, and collate the material points
(Combine the thoughts which has been said), of that which hath been said; and to give the rule or sentence(To give
punishment by applying applicable law). 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 staid and equal attention(The
judge who does not follow above mentioned things is not a good. He is a judge who wants respectable position even
without proper qualification as such. He is impatience to speak and hence interrupt. He is garrulous (talkative)). It
is a strange thing to see, that the boldness of advocates should prevail with judges; whereas they should imitate
God(Judges are considered as 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 favorites (Judges should not favor a particular advocate.);
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 obtained
not; for that upholds in the client, the reputation of his counsel, and beats down in him the conceit of his cause(A judge
should specially praise the lawyer who had lost his case to save a lawyer from the Eyre of the client. Sometimes
there is no fault of lawyer. The reason behind lost of case is that there is no merit in the case). There is likewise due to
the public, a civil reprehension of advocates (People tend to stay away from lawyers because according to them it is
dangerous for them to associate with lawyers), where there appeareth cunning counsel, gross neglect, slight information,
indiscreet pressing, or an overbold defense. And let not the counsel (Lawyers should not get angry while losing the case
and not talk of appeals. They generally talk of appeals to fetch more and more money from their clients.) 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 counsel or proofs
were not heard (Judges should conduct the case in such a way that the lawyer cannot put any allegation on them).

Thirdly, for that that clerks and ministers. The place of justice is an hallowed place; and therefore not only the bench, but
the foot-place; and precincts (Area having fixed boundary) and purprise (Closed or enclosed) thereof, ought to be
preserved without scandal and corruption(The judiciary should be protected from scandals and corruption). For
certainly, Grapes (as the Scripture saith) will not be gathered of thorns or thistles; either can justice yield her fruit with
sweetness, amongst the briars and brambles of catching and polling clerks, and ministers. The attendance of courts is
subject to four bad instruments. First, certain persons that are sowers of suits (Increase litigation . acountry can not
proper if litigation is increased); which make the court swell, and the country pine. The second sort is of those, that
engage courts in quarrels of jurisdiction, and are not truly amici curiæ, but parasiti curiÃ(Parasite of cour)( Appeal if
case is not won and hence not amicus curaie and thereby increasing burden on court through more litigation)¦, in
puffing a court up beyond her bounds, for their own scraps and advantage. The third sort, is of those that may be
accounted the left hands of courts; persons that are full of nimble(quick) and sinister tricks(harmful tricks) and shifts,
whereby they pervert the plain and direct courses of courts, and bring justice into oblique lines(slant; neither any of the
side) and labyrinths(complicated). And the fourth is the poller and exacter of fees (using ways to get money. Know that
case cannot be won but still assuring the winning to the client); which justifies the common resemblance of the courts
of justice, to the bush whereunto, while the sheep flies for defense in weather, he is sure to lose part of his fleece. On the
other side, an ancient clerk, skilful in precedents, wary in proceeding, and understanding in the business of the court, is an
excellent finger of a court; and doth many times point the way to the judge himself (Ancient clerk helping the judge
while delivering the judgment. Understaning his work properly. Good command over precedents. Understand the
working of court).

Fourthly, for that which may concern the sovereign and estate, Judges ought above all to remember the conclusion of the
Roman Twelve Tables Salus populi suprema lex(Supreme law of all is will of the people. Concept of welfare State); and
to know that laws, except they be in order to that end, are but things captious (tending to find fault or raise petty
objections.), and oracles (a priest or priestess acting as a medium through whom advice or prophecy was sought
from the gods in classical antiquity.) not well inspired. Therefore it is an 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(When there is a matter of law, it is good thing that executive consult judiciary and reciprocally judiciary
consult executive. Thereby well governance of state). For many times the things deduced to judgment (Things brought
to the court) may be meum and tuum(Mine and thine), when the reason (principle)and consequence thereof may trench
to point (touch)of estate: I call matter of estate, not only the parts of sovereignty, but whatsoever introduceth any great
alteration, or dangerous precedent; or concerneth manifestly any great portion of people. And let no man weakly conceive,
that just laws and true policy have any antipathy; for they are like the spirits and sinews, that one moves with the other.(
Governance and law are friend. They cannot work independent of each other) Let judges also remember, that
Salomon's throne was supported by lions on both sides: let them be lions, but yet lions under the throne (Judiciary under
the control of executive); being circumspect that they do not check or oppose any points of sovereignty. Let not judges
also be ignorant of their own right, as to think there is not left to them, as a principal part of their office, a wise use and
application of laws. For they may remember, what the apostle saith of a greater law than theirs:

Nos scimus quia lex bona est, modo quis ea utatur legitime.( We know that the law is good, if a man use it lawfully)