Judges

"It certainly is very hard upon a Judge, if a rule which he generally lays down, is to be taken up and carried to its full extent. This is sometimes done by counsel, who have nothing else to rely on; but great caution ought to be used by the Court in extending such maxims to cases which the Judge who uttered them never had in contemplation. If such is the use to be made of them, I ought to be very cautious how I lay down general maxims from this bench."

"In my opinion it is very important that one Judge should not attempt to draw fine distinctions between cases before him and similar cases decided by another Judge. Practitioners are much embarrassed by minute differences between the decisions of different Judges, and it is very important to follow a line of procedure which has been already laid down."

"If once our Courts of Justice come to be awed or swayed by vulgar noise, and if judges and juries should manage themselves so as would best comply with the humour of the times, it is falsely said that men are tried for their lives or fortunes; they live by chance, and enjoy what they have as the wind blows, and with the same certainty. Let us pursue the plot a God's name, and not baulk anything where there is danger or suspicion upon reasonable grounds; but not so overdo it, as to show our zeal, we will pretend to find what is not; nor stretch one thing beyond what it will bear, to reach another."

"It is not fair to criticise every line and letter of a summing-up which has been delivered by a Judge in trying a case, especially when there is a somewhat imperfect record of it."

"I will not be influenced by any judgment that is founded either on fear or favour."

"The character of the Judges is public property, and if they have done anything amiss, they ought to be censured. But if not, their characters ought to be respected; otherwise the most mischievous consequences will arise to the public."

"We that do sit here, do move in a sphere, and should be like the primum mobile, according to whom all others are to steer their course; and Judges themselves must move steadily upon their right poles, as I hope this Court will. What Judge soever he be that is elevated by popular applause,1 or animated by the contrary, to accumulate honour, is fitter to live "in fceee Romuli guam in politia Angliee." Nor will I lose time in remembering the first oath of a Judge, who should expel all by-respects, and speak his conscience. I hope none of us forget the duty we owe to God, to the King, and to the commonwealth, and to ourselves. I shall endeavour to satisfy my conscience in all that I can say. And they forget their duty to the first, and humanity towards us, that say or think the contrary of any one of us. Some of us have fortunes and posterities, and therein have given hostages to the commonwealth. . . . Those that want those blessings, want those temptations that make dream of, or hunt for honour or riches, to perpetuate their names and families; to them nothing can be more precious than the balm of integrity, which will preserve their names and memories. It cannot be presumed, but we will speak our consciences, since we well know shortly, as the psalmist says, " Corruption shall say, I am thy father, and the worm, I am thy mother.""

"I will tell you we are bound to be of counsel with you, in point of law; that is, the Court, my brethren and myself, are to see that you suffer nothing for your want of knowledge in matter of law."

"I am obliged to watch as he has no counsel"

"I have been reminded that I sit here as counsel for the defendant. I certainly do so, so far as to interpose between him and the counsel for the prosecution, and to see that no improper use of the law is made against him, and that no improper evidence is given to the jury: but the Judge has another task to perform, which is that of assisting the jury in the administration of justice."

"It is sometimes said—erroneously, as I think—that the Judge should be counsel for the prisoner; but at least he must take care that the prisoner is not convicted on any but legal evidence."

"By our rules we cannot receive a letter from a friend."

"Gentlemen, I speak for myself as well as for you: I never read anything about what may come before me in a Court of Justice; I keep my mind free from everything of the kind. There is often a necessity for me to look into the law: but I never suffer my mind to be biassed by reports, or such papers or pamphlets as are written with a view to pervert justice."

"I pass over many anonymous letters I have received. Those in print are public: and some of them have been brought judicially before the Court. Whoever the writers are, they take the wrong way. I will do my duty, unawed. What am I to fear? That mendax infamia from the press, which daily coins false facts and false motives? The lies of calumny carry no terror to me. I trust, that my temper of mind, and the colour and conduct of my life, have given me a suit of armour against these arrows."