JUDGE. ccliii 



or an intelligent judge, (g) He decides according to law; 

 jus dicere: non jus dare/ is his maxim. (Ji) He delivers 

 his judgment in public, (z) palam atque astante corona/ 



lt He discharges his duty to all persons. To the suitors, 

 by doing justice, and by endeavouring to satisfy them 

 that j ustice is done : (a) to the witnesses, (6) by patience, (c) 



noted favourites, which cannot but cause multiplication of fees, and suspicion 

 of by-ways. 



I Sir Matthew Hale, in his rules, says, &quot; Not to give any undue precedence to 

 causes : not to recommend counsel.&quot; 



(g) His judgment is his own, uninfluenced by the opinions of his brethren. 

 In England the junior judge is first to deliver his judgment. He should mix 

 well the freedom of his own opinion with reverence for the opinion of his fellows. 

 Bacon. In forming his judgment he acts from the dictates of his own 

 understanding, unbiassed by the opinions of his brother judges. 



Sir M. Hale would never suffer his opinion in any case to be known till he 

 was obliged to declare it judicially ; and he concealed his opinion in great cases 

 so carefully, that the rest of the judges in the same court could never perceive it. 

 His reason was, because every judge ought to give sentence according to his 

 own persuasion and conscience, and not to be swayed by any respect or defe 

 rence to another man s opinion ; and by his means it hath happened sometimes 

 that when all the barons of the Exchequer had delivered their opinions, and 

 agreed in their reasons and arguments, yet he coming to speak last, and differing 

 in judgment from them, hath expressed himself with so much weight and 

 solidity, that the barons have immediately retracted their votes and concurred 

 with him. 



(K) Etenim optima est lex, quse minimum relinquit arbitrio judicis : 

 optimus judex, qui minimum sibi. Justitia Universalis, Aph. 94, vol. ix. 

 p. 94. 



(i) Nee decreta exeant cum silentio ; sed judices sententise suse rationes 

 adducant, idque palam, atque astante corona : ut quod ipsa potestate sit 

 liberum, fama tamen et existimatione sit circumscriptum. Justitia Uni- 

 versalis, Aph. 38, vol ix. p. 92. 



() The duty of a judge is not only to do justice, but to satisfy the parties 

 that, to the best of his ability, justice has been done. He may err in dis 

 covering what is just; but, in satisfying the parties of his anxiety to be 

 just, he need never err. Cicero says of Brutus, &quot; Etiam quos contra 

 statuit sequos placentos que dimisit.&quot; 



He was not satisfied barely to give his judgment in causes, but did 



(6) See note (/&amp;gt;), next page. (r) See note (c), next page. 



