notable experience; what a prosperous and favourable fortune he had for a great space, and how at last, dejected with a heavy downfall, he died inglorious.” More himself fell a victim to his virtue. Jeffreys disgraced the profession to which he belonged, and came to a miserable end; but he was of bold aspect, and cared not for the countenance of any man. In all his wickedness there was no weakness or folly. For men of integrity like Lord Holt the Great Seal had little temptation. When it was offered to him, he replied, “I feel highly honoured by your Majesty's gracious offer; but all the time I was at the Bar I never had more than one cause in Chancery, and that I lost, so that I cannot think myself qualified for so great a trust." In Thurlow, again, the Chancellor who "swore his prayers," we find the love of office very strong. Lord Eldon affected to feel the dislike of the Great Seal which Bacon experienced after his fall. "No doubt," said he, "the world regards me as a prosperous and happy man; the prosperity I admit, but the happiness I deny." Yet he remained in the position of Chancellor for so many years that he was commonly known as the "Chancellor by prescription." In more modern times there has been often enough of folly and meanness among the members of the Bar. Folly is at all times rampant. We have the man who, when remonstrated with for taking less than a guinea from a prisoner in the dock, replies, “I took silver, it is true, but I did not disgrace the profession-I took the fellow's last farthing." There are not wanting in the records of the English Bar in 7 stances of advocates who have read up their cases so negligently that they have actually found them2 selves arguing in court in favour of the party they were engaged to attack. We have also the man who, after conducting a defendant's case for some hours, rises to open it to the jury, and, turning his back on the jury-box, placidly addresses the benches occupied by attentive members of the public. There have been judges who crushed pertinacious counsel by saying, "Sit down, sir, your arguments are as devoid of justice as of law;" and counsel who, when asked for authority for their arguments, requested the ushers to bring them "some elementary treatise on the law of contract." The folly and perversity of such men may be exasperating, but they serve to throw into a brighter light the wit and wisdom of their fellows. The Popularity of Judges-Their Divine Authority-Rules for Judicial Conduct-Knowledge of Law-Fresh Justice-Cheap Justice-Law and Equity-Precedent and Principle-Reasons. ENGLISH judges have made no small part of the history of this country. They live and work in public, and incur popular admiration or abuse according to their merits. The reason of their popularity is plain. The English people owe to the judges the B structure of the social, commercial, and constitutional laws under which they live, and look to them for the maintenance of their liberties. Indeed, Lord Hardwicke most truly said, "I look upon the administration of justice as the principal and essential part of all government. The people know and judge of it by little else." Lord Bacon, who thoroughly understood what a judge ought to be, said that “a popular judge is a deformed thing, and plaudites are fitter for players than magistrates." But when he spoke thus he had in his mind the example of Sir Edward Coke, whom he cordially detested. A judge should surely be "more learned than witty, more reverend than plausible, and more advised than confident;" but he will not be popular unless he is worthy of his reputation. 66 The judicial office cannot be invested with too much dignity, especially when we regard the authority which it is designed to represent. According to Bacon, 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;" and again, judges ought to imitate God, in whose seat they sit, who represseth the presumptuous and giveth grace to the modest." It was to this divine character of the judicial office that Lord Ellenborough somewhat profanely referred. An aged Peer was addressing the House of Lords on a very dry subject, and as he spun out his remarks to a tiresome length, the Chief Justice at last left the House, audibly exclaiming, "I am answerable to God for my time, and what account can I give at the day of judgment if I stay here any longer?" From the publicity of their position judges are exposed to criticism, which is not always either friendly or just, and therefore they have need to be more circumspect than men in other situations. Hale made many protestations of unwillingness to be a judge, "whose carriage will be strictly observed, easily misrepresented, and severely censured, according to variety of interests;" adding, "and I have still observed that almost in all times, especially upon changes, judges have been ever exposed to the calumny and petulancy of every discontented spirit." For their guidance many wise rules have been laid down, but it is curious that those who most clearly realised the duties of a judge often failed the most conspicuously in the performance of them. Perhaps the most luminous advice ever given to a judge was that delivered by Lord Bacon on swearing in Mr. Justice Hutton. He said : 66 Draw your learning out of your books, not out of your brain. "Mix well the freedom of your own opinion with the reverence of the opinion of your fellows. "Continue the studying of your books, and do not spend upon the old stock. "Fear no man's face, yet turn not stoutness into bravery. "Be a light to jurors to open their eyes, not a guide to lead them by the noses. "Affect not the opinion of pregnancy and expedi tion by an impatient and catching hearing of the counsellors at the bar.". Here certainly are the chief principles of a judge's conduct. Some foolish people think it possible for men to be both great advocates and judges without much knowledge of either books or law. When Lord Erskine was Chancellor there was an impression abroad that he "knew no law," and two Americans who made a bet about the reversal of his decrees had the impertinence to refer the matter to the Chancellor himself. In his reply, that eloquent man said "To save you from spending your money upon bets you are sure to lose, remember that no man can be a great advocate who is no lawyer. The thing is impossible." Again, there are others who think that a judge can know no law unless he is dull. According to some of his contemporaries, Lord Mansfield was too brilliant to be a sound lawyer, and amongst them were the two brother-serjeants, of whom "Each had a gravity would make you split, Dr. Johnson's remark, if not conclusive, is at all events greatly to the point: "As to Lord Mansfield's not knowing law, you may as well say that a coachman who has driven a stage several times a day for twenty years between London and Brentford does not know the road." That great judge, while he mixed well the freedom of his own opinion, yet drew his learning out of his books, and was wont to say that since the |