let him take heed how he strikes, that hath a dead hand. It was the charge Queen Marie gave to judge Morgan, Chief Justice of the Common Pleas, that notwithstanding the old errour amongst judges did not admit any witnesse to speake, or any other matter to be heard in favour of the adversary, her Majesty being party; yet her Highnesse' pleasure was, that whatsoever could be brought in the favour of the subject should be admitted and heard. If the cause be difficult, his diligence is the greater to sift it out. For though there be mention, (Psalm xxxvii. 6.) of righteousness as cleare as the noon day, yet God forbid that innocency, which is no clearer than twilight, should be condemned. And seeing one's oath commands another's life, he searcheth whether malice did not command that oath: yet when all is done, the judge may be deceived by false evidence. But blame not the hand of the diall, if it points at a false howre, when the fault's in the wheels of the clock which direct it, and are out of frame.

The sentence of condemnation he pronounceth with all gravity. "Tis best when steeped in the judge's tears. He avoideth all jesting on men in misery easily may he put them out of countenance, whom he hath power to put out of life. Such as are unworthy to live, and yet unfitted to die, he provides shall be instructed. By God's mercy, and good teaching, the reprieve of their

bodies may get the pardon of their souls, and one day's longer life for them here may procure a blessed eternity for them hereafter, as may appear by this memorable example. It happened about the year 1556, in the town of Weissenstein, in Germany, that a Jew, for theft he had committed, was in this cruel manner to be executed: He was hanged by the feet, with his head downwards betwixt two dogs, which constantly snatched and bit at him. The strangenesse of the torment moved Jacobus Andreas (a grave, moderate, and learned Divine, as any in that age) to go to behold it. Coming thither, he found the poore wretch, as he hung, repeating verses out of the Hebrew psalms, wherein he cried out to God for mercy. Andreas, hereupon, took occasion to counsell, to trust inJesus Christ, the true Saviour of mankind. The Jew, embracing the Christian faith, requested but this one thing, that he might be taken down and be baptised, though presently after, he were hanged again, (but by the neck, as Christian malefactors suffered) which was accordingly granted him.

"He is exact to do justice in civill suits be-twixt sovereigne and subject. This will most ingratiate him with his Prince at last. Kings neither are, can, nor should be, lawyers themselves, by reason of higher state employments, but herein they see with the eyes of their judges, and at last

will break those spectacles which, (in point of law,) shall be found to have deceived them.

"He counts the rules of state and the laws of the realm mutually support each other. Those who made the laws to be not onely disparate, but even opposite terms to maximes of government, were true friends neither to laws nor government. Indeed, Salus Reip. is charta maxima: extremity makes the next the best remedy. Yet though hot waters be good to be given to one in a swound, they will burn his heart out who drinks them constantly when in health. Extraordinary courses are not ordinarily to be used, but when enforced by absolute necessity.

"And thus we leave our good judge to receive a just reward of his integrity, from the Judge of Judges, at the last assize of the world." (Fuller's Holy State, p. 270.)

"Mr. Bacon, after he had been vehement in parliament against depopulation and inclosures, and that soon after the queen told him, that she had referred the hearing of Mr. Mill's cause to certain counsellors and judges; and asked him how he liked it? answered, 'Oh, Madam, my mind is known; I am against all inclosures, and especially against inclosed justice.'" (Bacon's Apothegms.)

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SIR Edward Coke being vehement against the two Provincial Councils of Wales, and the North, said to the King, There was nothing there but a kind of confusion and hotch-potch of justice one while they were in a Star-chamber; another while a King's Bench; another, a Common Pleas; another, a Commission of Oyer and Terminer.' His Majesty answered, Why, Sir Edward Coke, they be like houses in progress, where I have not, nor can have, such distinct rooms of state, as I have here, at Whitehall, or at Hampton Court.' (Bacon's Apothegms. See "The Case of the Lords Presidents of Wales and York." 12 Report, 50.)

"When Sir Nicholas Bacon, the Lord Keeper, lived, every room in Gorhambury was served with a pipe of water, from the ponds distant about a mile off. In the life-time of Mr. Anthony Bacon, the water ceased; after whose death, his Lordship, coming to the inheritance, could not recover the water without infinite charge. When he was Lord Chancellor, he built Verulam-house, close by the pond-yard, for a place of privacy when he was called upon to dispatch any urgent business. And being asked, why he built that house there? his Lordship answered, That since he could not carry the water to his house, he would carry his house to the water."" (Bacon's Apothegms.)

THE LICENSING OF LAW BOOKS.

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THE práctice of referring all law books to the chancellor and judges for a license was a consequence of the Licensing Acts; but continued to exist long after those acts had expired, in the reign of William III. In James II.'s time, an order was issued to the Stationers' Company, "That all books of and concerning the common laws of the realm are to be licensed by the lord chancellor, the lord keeper of the great seal of England, the lords chief-justices, chief-baron, or one or more of them, or by their or one or more of their appointments." Even at the time when the illegal patent for the printing of all law books was in existence, the patentees could not print law books without the judges' license. (Cart Rep. 89.) The disadvantages of this law-patent are pointed out by Mr. Viner, in Abridgment, (vol. 17, p. 209.) "These books," says he, never perused by the learned before they are put to the press, and if the Maxims of Tom Thumb or Dr. Doolittle came to their press under the title of law, I dare undertake the patentees would make no scruple of printing them as such." The rule with regard to licensing law books formerly was, "that no book could be cited in court which' had not been licensed by the judges."" Mr. Carthew cited a case in 2 Mod. 97, to the contrary

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