udge, is to suppress force and
fraud; whereof force is the more pernicious, when it is open, and fraud,
when it is close and disguised. Add thereto contentious suits, which
ought to be spewed out, as the surfeit of courts. A judge ought to
prepare his way to a just sentence, as God useth to prepare his way, by
raising valleys and taking down hills: so 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. Qui fortiter emungit, elicit sanguinem; and where the wine-press
is hard wrought, it yields a harsh wine, that tastes of the grape-stone.
Judges must beware of hard constructions, and strained inferences; for
there is no worse torture, than the torture of laws. Specially in case
of laws penal, they ought to have care, that that which was meant for
terror, be not turned into rigor; and that they bring not upon the
people, that shower whereof the Scripture speaketh, Pluet super eos
laqueos; for penal laws pressed, are a shower of snares upon the people.
Therefore let penal laws, if they have been sleepers of long, or if they
be grown unfit for the present time, be by wise judges confined in the
execution: Judicis officium est, ut res, ita tempora rerum, etc. In
causes of life and death, judges ought (as far as the law permitteth)
in justice to remember mercy; and to cast a severe eye upon the example,
but a merciful eye upon the person.

Secondly, for the advocates and counsel that plead. Patience and gravity
of hearing, is an essential part of justice; and an overspeaking judge
is no well-tuned cymbal. It is no grace to a judge, first to find that,
which he might have heard in due time from the bar; or to show quickness
of conceit, in cutting off evidence or counsel too short; or to prevent
information by questions, though pertinent. The parts of a judge
in hearing, are four: to direct the evidence; to moderate length,
repetition, or impertinency of speech; to recapitulate, select, and
collate the material points, of that which hath been said; and to
give the rule or sentence. Whatsoever is above these is too much; and
proceedeth either of glory, and willingness to speak, or of impatience
to hear, or of shortness of memory, or of want of a staid and equal
attention. It is a strange thing to see, that the boldness of advocates
sho