JUDGE. ccxliii 



Before the circuits he assembled the judges, and explained 

 his views of their duties, when they, as the planets of the 

 kingdom, were representing their sovereign, in the admi 

 nistration of law and j ustice ; (a) to advance kind feeling 

 and familiar intercourse, he introduced a mode, at that 

 time not usual, of inviting the judges to dinner ; thus mani 

 festing, as he says in a letter to Lord Burleigh, that it is 

 ever a part of wisdom not to exclude inferior matters of 

 access amongst the care of great : and, upon the promotion 

 of any judge, he availed himself of the opportunity to 

 explain the nature of judicial virtues, of which an extensive 

 outline may be seen in his works, (b) 



&quot; The judge is a man of ability, (c) drawing his learning 

 out of his books, and not out of his brain }(d) rather learned 

 than ingenious ; more plausible than witty ; more reverend 

 than plausible, (e) He is a man of gravity ;(,/ ) of a re- 



(a) Vol. vii. p. 258. 



(6) Essays on Judicature, Delays, and Dispatch, in vol. i. ; his Advice 

 to Villiers, vol. vi. p. 400; and the speech used by Sir Francis Bacon, 

 Lord Keeper of the Great Seal of England, to Sir William Jones, upon 

 his calling to he Lord Chief Justice of Ireland, 1617; the Lord Keeper s 

 speech in the Exchequer to Sir John Denham, when he was called to be 

 one of the barons of the Exchequer; and to Justice Hutton, when called 

 to be one of the judges of the Common Pleas. Vol. vii. p. 263. 



(c) The ignorance of the judge is the ruin of the innocent 



(rf) He should draw his learning out of his books, and not out of his 

 brain ; and continue the studying of books, and not spend upon the old 

 stock. Bacon. 



(e~) Lord Bacon says, judges should be rather reserved than affable. 

 The judges are, or ought to be, of a reserved and retired character, and 

 wholly unconnected with the political world. Burke. 



(y*) Non est major confusio, quam serii et joci. 



See his tract on Church Controversies, vol. vii. p. 32, where he says, 

 &quot; Job speaking of the majesty and gravity of a judge in himself saith, If 

 I did smile, they believed it not: as if he should have said, if I diverted 

 or glanced upon conceit of mirth, yet men s minds were so possessed with 

 a reverence of the action in hand, as they could not receive it.&quot; 



As for jest, there be certain things which ought to be privileged from it ; 



