Massachusetts spy and Worcester advertiser. [volume] ([Worcester, Mass.]) 1823-1825, 1824-06-09
FOR THE MASSACHUSETTS SPY.

DUTIES AND QUALIFICATIONS OF JUDGES
When Chief Justice Parsons came on to the
Bench, new epoch commenced in the expo
sitlon and administration Of our laws. Con-
structions were given according to the spirit,
and not according to the letter, when one was
repugnant to the other. Without tolerating
laxity in forms, or adhering too strictly to tech
nical subtilities, SAtioEal and happy medium
was introduced and followed. II was rot per-
mitted, G in nostra lege una comma evertit
tOtstn' placitum.' judgments were not re-
versed for slips of the pen, or mis-spelings; and
justice was not perpetually entangled in a net
of mere technical jargon." The apices htigG,,-
d. did not control and triumph over the merits
OF the cause. Such a gigantic intellect, uni
ted with such wonderful attainments and legal
acumen. together with an unusual aptitude to
the Judicial office, gave the Court very COM
handing influence over all that appeared be-
fore them. Then Btgelow and Blake had
no more right, and could no sooner be heard 10
Court, than the most diflident and unobstru-
sive members of the profession. The mean.
est" counsel, speaking in his turn, gained the
ear of the Court, and was attended to accord
ing to his claims and the nature of his business.
as early and as efectudlEy, as the most orerbear-
ing and approximate Stentor. 1t was not the
man but the matter and the time of applica-
ton, that were chiefly regarded and gained
audience. If there was 'quickness and des-
patch'' in the Court, it was the result Of pro-
found knowIedge and long erperience There
was no conjecture or precipitdtion--no "cap-
tious hearing ofthe eoumssI'-no anticipations
and thrusting in ofcrude opinions--no foreclos-
ing OF causes by premature judgme nts, and fol-
lowing peremptory decision by sudden re-
versal. Such impeding perspicuity and hasty
determinations did not cut all into fragments,
and make chaos and long night of that which
might have been logical, lucid, and brief, had
it not been interrupted and confused Infexi-
BILE justice sometimes displayed an attribute of
mercy, and gravity and dignity were without
petulence or s@perciliousnesS. The urbanity of
the gentleman was blended with the exercise
OF legitimate power, and suavity of manners
and occasional Righteousness, both on the bench
and IN private intercourse, instructed all and
made all feel happy. ''The man who came
into the assembly with a gold ring in goodly
apparel, and the poor man in vile raiment were
not treated with marked respect or contempt
according to their different erteriors. He did
not say unto him in gay clothing, Sit thou
here in good place. and to the person Of or
binary appearance, 4" Stand thou there, or sit
here under my footstool." Knowing that .God
standeth in the congregation of the mighty; he
ludgeth among the gods, they felt their own
accountability, judged justly-accepted not
the persons OF the wicked-defended the poor
and fatherless; did justice to the afflicted and
needy-delivered the poor andneedy; rid them
ant nf he Hynl oc ~.
remembered that though now sitting as gods,
they must die like men, and be themselves
judged, at last, by Him, who is norespecter of
persons, but ever judgeth in ''perfect righteous
ness" Sir Matthew Hale's laudable consci-
entiousness was the effect of his lively and a.
hiding sense of the omnipresence and onnis-
clence of God, and his constant and practical
belief, that he should one day "stand before
the Judgment seat of Christi and ssgive an
account of himselfto God.n Mr.. Baxter thus
describes him" Sir Matthew Hale, that I'M
wearled student, that prudent man, that solid
philosopher, that famous lawyer, that pillar
and basis of justice, who would not have done
an unjust act for any worldly price or motive,
the ornament of his majesty's government, and
honour of England, the highest faculty of the
soul of Westminster Hall, and pattern to all
the reverend and honorable Judges-that
godly, serious, practical Christian, the lover
OF goodness and all good men-that pattern of
honest plainness and humility.n Bishop Bur-
net says of Hale, p" His modesty was beyond
all example, for where some men who never
attained to half his klowledge, have been puff
ted up with high conceit of themselves, and
have affected all occasions of raising their own
esteem by deprsciating other men, he, on the
contrary, was the most obliging man that ever
practised )" and it is further added, that he
was . OF so indefatigable industry, so invnci-
BILE patience, so exemplary integrity, and 50
magnanimous a contempt Of worldly things,
without which no man can be truly great, and
to all this, man that was so absolute a mas
ter Of the science of the law, and even of the
most ahstruse and hidden parts 1T, that one
may truly say of his knowledge of the law,
what st. Austin said OF st. Hierom's knowledge
in divinity, that what he was ignorant of, no
mortal ever knew" To the above we subjoin
the allusion OF the pious Cowper in his 'Task.''
--" And such thine, in whom
Our BritishThermis gloried with Just cause,
Immortal Hale! for deep discernment prais'd.
And sound integrity, not more than fam'd
For sanctity of manners undefi'd."
Did Judges always realize their obligations
to initiate Him that judgeh righteOusly,''
and how important their opinions, inclinations,
" tednangs" regulations, manners and examples
are to those affected by them, no doubt there
would be variations from the present decisions
and modes Of transaction. What Lord Mans.
field designates, "Me de circunStanttbusn
would be oftener acrOng, and the Judges often
er right in their adjudicatons, than it has hith-
erto been the lot of most Courts of Judicature
to be. Thurman Courts were like the "Grand
Assze" above, there would be no unsouud in
teTpretations of the law, no imperfection in the
rules ofpractice, no favourltism, or antiphathy,
no irritability, wearisomeness, or fretfulness,
and no particular prepossessions felt and man
Tested towards counsel or parties. He that
had his trial at the close of laborious week,
or at the end of protracted session. would be
heard as patiently, andjudged as fully and egui-
tally, as in the Grst days of the Term. The
law and the testimony would be the standard
of decision, and not the rank or celebrity, the