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[1] judge is no well-tuned cymbal.[2] 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[3] in cutting off evidence or counsel too short; or to prevent[4] information by questions, though pertinent. The parts of a judge in hearing are four: to direct the evidence; to moderate length, repetition, or impertinency[5] 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[6] glory[7] 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 should prevail with judges; whereas they should imitate God, in whose seat they sit; who represseth the presumptuous and giveth grace[8] to the
- ↑ Overspeaking. That speaks too much.
- ↑ "Praise him upon the well-tuned cymbals."
Psalms cl. 5. The Psalter.
- ↑ Conceit. Conception; apprehension.
- ↑ Prevent. To forestall. "For thou preventest him with the blessings of goodness: thou settest a crown of pure gold on his head." Psalms xxi. 3.
- ↑ Impertinency. Irrelevancy.
- ↑ Of. From.
- ↑ Glory. Vanity; display.
- ↑ Grace. Favor. "But he giveth more grace. Wherefore he saith, God resisteth the proud, but giveth grace unto the humble." James iv. 6.
