Massachusetts spy and Worcester advertiser. [volume] ([Worcester, Mass.]) 1823-1825, 1824-05-26

that " the anticipation of judicial opinions on
causes actually depending should be particular
ly guarded against; and, therefore, a wise |
and upright Judge will ever be cautious how
he, ertrGjudicially, answers questions of such
tendency" In Glanvil Justice is called
Justitaa IN ipso abstracto," as it were, Justice
| itself, to put them in mind of their duty and
functions Coke, II b. Lord Mansfield,
in the case of the King VS.. Lord George Cor.
don, Douglas, Rep. 500, concluded his charge
to the Jury by telling them, s that if the scale
should hang doubtful, and they were not fully
satisfied of the prisoners guilt, they ought to
lean to the favourable side, and acquit him."
The same learned Judge says in Cowp. SIG
1" 1t is indeed SO hard case upon the defend
ant, that every leaning OF the Court would be
in his favour" In Coke on Lift. 1872 b. it is
said" the wisdom of the Judges and the Sa-
ges of the law have always suppressed new
and subtitle inventions in derogation of the
common iaw''. And, therefore, they say, in one
book, 6 We will not change the law, which
always hath been used" And another saith
1t is better that it be turned to default, than
the law should be changed, or any Innovation
made" Lord Kenyon says, d. & E. 1865
s. But before we as scented to so monstrous
proposition, we should look with Eagles eyes
|
was the intention of the legislature" And
again in the D. & E. 504, he Says In fam
lily settlements provision is made for unborn
generations and if by the means of nea0 lights
occurring to new Judges, all that which was
supposed to be law by the wisdom of our an
cestors is to be swept away at time when the
limitations are to take effect, mischievous in
deed will be the consequence to the public''.
The maxim, nliSer est serritus ubi Jus est "a
gum artt aYoceTam applies with peculiar force to
questions respecting real property.
In case attended with hardship, juries
have leaning as far as justice will permit,
and so has the Court" Cowp. IS, 6 l shall
say of these rules what the Court of Chancery
has often said with respect to the statute of
frauds; that no rule of the Court shall be made
an instrument of fraud" Cowp. 142.
OF the great and pious Sir Matthew Hale it
isrecorded, that {" he was sincerely bent OF the
discovering the truth and merits of cause land
would therefore bear with the n1eGneSt counsel,
supply the defects Of the pleader, and never
take it amss, when summing up the evidence,
to be reminded of any circumstance he had O.
mitted; for being in high degree possessed
OF that qualification, so peculiarly necessary
to Judge, | mean patience without which
the most excellent talents may become insig-
niicant) no considerations Of his own conven-
fence could prevail with him to hurry over a
cause, or dispatch it without thorough exam
ination, for which reason he made it rule,
especially upon the circuits, to be short and
sparing at his meals, that he might not either
by full stomach unfit himself for the due dis
charge of his Office or by profuse waste of
time, be obliged to put of, or precipitate the
business that came before him. g He did look
upon equity as part of the common law, and
one ofthe grounds of tit and, therefore, as near
as he could, he did always reduce it to certain
rules and principles, that men might study it
as science and not think the administration
,of it had any thing arbitrary in it. Thus emf
nent was this man in every station, and into
what Court soever he was called, he quickly
made it appear, that he deserved the chief seat
there. AS great lawyer as he was, he would
never suffer the StrictneSS of law to prevail a.
galnst conscience as great a chancellor as he
was, he would make use of all the nicities and
su6tilttes in law when it tended to support right
and equity. But nothing was more admirable
in him, than his patience. He did not affect
the reputation Of quickness and despatch, By
hasty and capttous hearing Of the counsel. He
would bear with the neeanest, and gave every
man has full scope, thinking it much better to
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evidence to jury, he would always require
the bar tointerrupt him, ifhe did mistake, and
to put him in mind of it, if he did forget the
least circumstance some Judges have been
: disturbed at this as a rudeness, which he al
ways looked upon as a service and respect
, done to him."
We have the following character of Sir Geo.
Croke, one of the Justices of the Kings bench
= in the time of Charles the first. s. He heard
, patiently and never spoke but to purpose, and
was always glad when matters were represent
ed unto him truly and clearly. He had this
discerning gift to separate the truth of the mat
} ter from the mixture and affection of the deliv-
erer without giving the least offence. In times
ofaudiepce and judgment, he was grave, heed
full, austere, and yet merciful too That duty
performed, no face any more or show of au-
s thorty severe aud stately looks were laid a.
: part in such sort, that neither his gentle and
courteous behaviour weakened the reverence.
nor his severity the love due to his persona
The following honorable description is CIV
en- Of Justice Butler, the distinguished associ-
l ate OF Mansfield and Kenyon. In regard to
his administration of criminal law, it used to
be said of him by those who from their situa-
ton and life were the most likely to form
true judgment Of that part of his character,
that no person, if guilty, would choose to be
tried by him, but that every Que, if innocent,
would prefer him for his judge, than which
nothing surely can describe more emphatically
the general opinion Of his great diScernment
and impdrtiality. In private life he united the
most amiable temper with the most frank and
conciliating manners, and without regarding
his own time or trouble, encouraged by the
kindest attention and the most willing assist
ance, the younger members of that profession
OF which ne was himselfa distinguished orna-
ment.
We have made copious extracts from Re-
ports and biographical sketches exhibiting the
duties and qualifications of Judges, designing
those partial delineations and occasional de-
clarations Of eminent and venerable Jurists as
Mirror in which the liutng may see what
they are and what they ought to be in private
life, and on the Beneh-how they ought to feel