480 
J U' D G E. 
them, and not to wounding or attempting to kill them. 
It extends alfo only to the officers therein fpecified ; and 
therefore the Barons of the Exchequer as Inch, are not 
within the protection of this aft. i Hal. P. C. 231. But 
the Lord Keeper, or Coinmiffioners of the Great Seal, now 
feetn to he within it, by virtue of the flats. 5 Eliz. c. 18. 
1 W. & M. c. 21. 4 Comm. 84. 
Striking in the king’s fuperior courts of juftice in Weft- 
minfter-hall, or at the affiles, is more penal than even in 
the king’s palace. The reafon feems to be, that, thole 
courts being anciently held in the king’s palace and be¬ 
fore the king himfelf, Ariking there included the contempt 
again!! the king’s palace, and fomething more, viz. the 
difturbance of public juItice. For this reafon, by the an¬ 
cient common law before the conqueft, ftriking in the 
king’s courts of juftice, or drawing a fword therein, was a 
capital felony. LI. Incc. c. 6. Ll. Canut. c. 56. LI. Alurcd. c 7. 
Gur modern law retains fo much of the ancient feverity 
as only to exchange the lofs of life for the lofs of the of¬ 
fending limb. Therefore a ftroke or blow in luch a court 
of juftice, whether blood be drawn or not, or affaulting a 
judge fitting in the court, by drawing a weapon, without 
any blow ftruck, is punilhable with the lofs of the right 
hand, imprifonment for life, and forfeiture of goods and 
chattels, and of the profits of land during life. Staundf. 
F. C 38. 3 InJl. 140, 1. A refcue alfo of a prifoner from 
any of the laid courts, without ftriking a blow, is pu¬ 
niffied with perpetual imprifonment and forfeiture of 
goods, and of the profits of land during life; being looked 
on as an offence of the fame nature with the laft, but only, 
as no blow is actually given, the amputation of'the hand 
is excufed. 1 Hawk. P. C. c. 21. For the like reafon, an 
affray or riot near the laid courts, but out pf their actual 
view, is puniffied only with fine and imprifonment. Cro. 
Far. 373. Not only fuch as are guilty of an aftual vio¬ 
lence, but of threatening or reproachful words to any judge 
fitting in the courts, are guilty pf a high mifprifion, and 
have been puniffied with large fines,'imprifonment, and 
corporal puniffiment Cro. Car. 503. And even in the in¬ 
ferior courts of the king, an affray, or contemptuous be¬ 
haviour, is punilhable with a fine by the judges there fit¬ 
ting, as by the fteward in a court leer, or the like. 1 Hawk. 
P..C c. 21. It may not be amifs to mention, that king 
Henry IV. when his eldeft fon the prince, afterwards Henry 
V. was by the lord chief juftice committed to prifon, for 
a great mifdemeanor, thanked God that he had a fon of 
that obedience, and a judge of that courage and imparti¬ 
ality. See the article England, vol. vi. p. 608. 
As the judges are thus guarded againfl influence or in¬ 
jury, to enable them to do juftice to the people, fo are 
they protected in the upright difcharge of their duty, by 
being indemnified from anfwering for the confequence of 
the judgments given by them. The judges of courts of 
record are freed from all profecutions whatfoever, except 
in parliament, where they may be puniffied for any thing 
done by them in filch courts as judges; this is to fupport 
their dignity and authority, and draw veneration to their 
perfons, ami fubmiffion to their judgment; but if a judge 
will fo far forget the dignity and honour of his poft, as to 
turn folicitor in a caule which he is to judge, and pri¬ 
vately and extra-judicially tamper with witneffes, or la¬ 
bour jurors, he may be dealt wdth according to the fame 
capacity to which he fo bafely degrades himfelf. 12 Hep. 24. 
Vaugh. 138. S.P.C. 173. 
Judges are not in any way punilhable for a mere error 
of judgment; and no aft ion will lie againfl a judge for an 
erroneous judgment, or for a wrongful imprifonment, 
&c. 2 Hawk. P. C. c. 1. §. 17. 1 Mod 184. But it is faid, 
that, where judges are limited to the fubjeCt-matter of 
their jurifdiftion, and they exceed the limits of their 
jurifdiftion, action lits againfl them. 3 Lutw. 1565, 
Hard. 480. A judge is not anfwerable to the king, or 
the party, for miftakes or errors of his judgment, in a 
matter of which he has jurifdiftion. 1 Salk. 397. If an 
action be brought againfl a Judge of Record, for an aft- 
done in his judicial capacity, he may plead that he did it 
as Judge of Record, and that will be a fufficient juftifica- 
tion. And fo may a judge of a court in a foreign coun¬ 
try, under the dominion of the crown. Mojlyn v. Fabrigas, 
Cowp. 172. 
With refpeft to the general conduft: of the Judges, the 
following oblervations are worthy attention : A Judge at 
his creation takes an oath, “That he will ferve the king, 
and indifferently adminifter juftice to all men, without 
refpeft: of perlons; take no bribe, give no counfel where 
he is a party, nor deny right to any, though the king, or 
any other, by letters, or by exprels words, command the 
contrary, &c. and, in default of duty, to be anfwerable to 
the king in body, land, and goods.” 18 Edw. lll.Jl. 4. 
The judges are to give judgment according to law, and 
what is alleged and proved. They have a private know¬ 
ledge, and a judicial knowledge. They cannot judge of 
their own private knowledge, but many ufe their dilcretion; 
but, where a judge has a judicial knowledge, he may and 
ought to give judgment according to it. Henry IV. de¬ 
manded of judge Gafcoigne, If he faw one in his prefence 
kill A. B. and another perfon, who was not culpable, 
ffiould be indifted of this, and found guilty before him, 
what he would do in this cafe; to which he anfwered. 
That he ought to refpite the judgment againfl him, and 
relate the matter to the king, in order to procure him a 
pardon; for there he cannot acquit him, and give judg¬ 
ment according to his private knowledge. Plowd. 82. 
The king in all cafes doth judge by his judges; who 
ought to be of counfel with prifoners; and, if they are 
doubtful or miftaken in matter of law, a flander-by may 
be allowed to inform the court, as amicus ounce. 2 Lift. 178. 
Our judges are to execute their offices in proper perfon, 
and cannot act by deputy, or transfer their power to 
others ; as the judges of ecclefiaftical courts may. 1 Rol. 
Abr. 382. Bro. Judges, 11. Yet, where there are divers 
judges of a court of record, tlie aft of any one of them is 
effeftual ; efpecially if their commiffions do not exprefsly 
require more. 2 Hawk. P.C. c. 1. Though what a majo¬ 
rity rules, when prefent, is the aft of the court. If, on a 
demurrer or fpecial verdift, the judges are divided in opi¬ 
nion, two againfl two, the caule muft be adjourned into 
the exchequer-chamber. 3 Mod. 156. And a rule is to be 
made for this purpofe, and the record certified, See. 5 Mod. 
335. In fines levied, all the judges of K. B. ought to be 
particularly named ; but writs of certiorari to remove re¬ 
cords out of that court, &c. are directed to the chief juf¬ 
tice, without naming his companions. 1 Hen. VII. 27. 
Jenk. Cent. 166. 
When a record is before the judges, they ought ex officio 
to try it: and they are to take notice of ftatutes, and of 
the terms, Sec. Jenk. Cent. 215, 298. No judge is compel¬ 
lable to deliver his opinion before-hand, in relation to any 
queftion which may after come judicially before him. 3 Inji. 
29. Judges of the common law have no ordinary jurif- 
diftion to examine witneffes at their chambers; though by 
confent of parties, and rule of court, they may on inter¬ 
rogatories ; and lome things done by judges at their cham¬ 
bers, in order to proceedings in court, are accounted as 
done by the court. 
A judge ffiall not be generally excepted againfl, or chal¬ 
lenged ; or. have any aftion brought againfl him for what 
he does as judge, j Inft. 294. 2 Inji. 422, 
A judge ought not to judge in his own caufe, or in pleas 
where he is party. 8 Rep. uS. None may judge his own 
caufe, for it is,a manifeft contradiftion that a man can be 
agent and patient in the fame thing; and what lord Coke 
fays in Dr. Bonham’s cafe is far from any extravagancy ; 
for it is a very reafonable and true faying, that if an act 
of parliament ffiould ordain, that the fame perfon lhould be 
party and judge, or, which is the fame thing, judge in his 
own caule, it would be a void aft of parliament; per Holt, 
Ch. J. 12 Mod. 687. Bridgm. 11, 12, , 
Judges are punilhable, however, for wilful offences 
againfl the duty of their fituation j inftances of which hap-.. 
3 p»iy 
