JUDGE. ccxlvii 



justly; or of fear (i) either of the censure of others, which 



(i) He who will faithfully perform his duty, in a station of great trust 

 and power, must needs incur the utter enmity of many, and the high dis 

 pleasure of more ; he must sometimes struggle with the passions and inte 

 rests, resist the applications, and even punish the vices of men potent in 

 the commonwealth, who will employ their ill influence towards procuring 

 impunity, or extorting undue favours for themselves or their dependents. 

 He must conquer all these difficulties, and remove all these hindrances out 

 of the way that leads to justice ; must dare even to break the jaws of the 

 wicked, and to pluck the spoil out of his teeth. He is the guardian of the 

 public quiet ; appointed to restrain violence, to quell seditions and tumults, 

 and to preserve that order and peace which preserves the world. Atterbury. 



That judge is most loved for his good nature who is feared for his 

 resolution. 



When early in the reign of Charles the First, Judge Jenkins imprisoned 

 divers persons in his circuit, or condemned them to die, as being guilty of 

 high treason, this provoked the officers of government; and, the judge 

 being taken prisoner at the capture of Hereford, he was hurried up to 

 London, and committed to the Tower. On being brought to the bar of 

 the court of Chancery, he denied the authority of the commissioners, 

 because their seal was counterfeited, in consequence of which he was sent 

 to Newgate. From thence he was brought to the bar of the House of 

 Commons, and reprimanded by the Speaker for refusing to kneel. He 

 answered, &quot; As long as you had the King s arms engraved on your mace, 

 and acted under his authority, had I come here I would have bowed my 

 body in obedience to that authority.&quot; For this speech he was, without 

 trial, voted guilty of high treason, and he was sent back to Newgate. 

 After this the house sent a committee to Newgate, making splendid offers 

 to the judge if he would acknowledge their power to be lawful. To which 

 he answered, &quot; Far be it from me to own rebellion to be lawful because it 

 is successful.&quot; Upon this they admonished him that he had a wife and 

 nine children. Upon which the old judge said, &quot; Had my wife and 

 children petitioned you in this matter, I would have looked upon her as 

 a whore, and them as bastards.&quot; Upon this the committee departed, 

 leaving him in the expectation of being led out to execution. &quot; They 

 may lead me,&quot; said he, &quot; if so it please them, but I will suffer with the 

 Bible under one arm and Magna Charta under the other.&quot; 



Rex v. Knollys, 6 Wm. and M. 1 Ld. Raym. 10. At the conclusion 

 of this case, it is said, Note, that this judgment was very distasteful to some 

 lords; and therefore in Hilary term, 1697, 9 Wm. III. the Lord Chief 

 Justice Holt was summoned to give his reasons of this judgment to the 



