CClvi LIFE OF J3ACOX. 



readiness to hear the complaints of the distressed ; (/) in 

 looking with pity upon those who have erred and strayed ; 

 in courtesy; in discountenancing contentious suits ;(n) in 

 attending to appearances, (o) esse et videri ; in encouraging 

 respect for the office ; (q) and by resigning in due time.&quot; (r) 



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. &quot; Qui fortitur emungit, elicit san- 

 guinem ;&quot; and where the wine-press is hard wrought, it yields a harsh wine 

 that tastes of the grape-stone. 



(I) He should have ears always open compassionately to hear the com 

 plaints of widows, orphans, afflicted and forlorn people, who endure all 

 the torments of the world to break through the press to manifest their 

 injuries. A widow, whose son had been slain, and who was unable to 

 attain justice, had the courage to accost the Emperor Trajan in the midst 

 of the street, amidst an infinite number of people and the legions attending 

 him to the war in Walachia, to which he was departing. He alighted 

 from his horse, heard her, and ordered justice to be done. This is repre 

 sented on Trajan s pillar. 



(w) lie should discountenance contentious suits. Contentious suits 

 should be quickly ejected as the surfeit of courts. 



De minim is -non curat lex is a maxim of the law of England. 



Contentious suits ought to be spued out as the surfeit of courts. 



Bacon. 



He causeth that contentious suits should be spued out as the surfeits of 

 courts. Fuller. 



(o) Not ostentatiously, but from a knowledge that observers are influ 



enced by appearance to look at the reality. 



(q} Sir Matthew Hale says, amongst the things to be continually had in 

 remembrance, &quot; That in the administration of justice I am entrusted for 

 God, the King, and Country.&quot; 



He should encourage a sentiment of respect for the judicial office ; not 

 for ostentation, but as a mode to advance a love of justice. 



The judge exalts not himself but his office. 



(;) He said he could not with a good conscience continue in it since he 

 was no longer able to discharge the duty belonging to it. Hale s Life, p. 99. 



Mr. Justice Heath used to say he would never resign, but would die 

 &quot; with harness on his back.-&quot; 



He does not set in a cloud, but shines clear to the last. 



