there is no diverfity between the peer and another fubject. And to the end that the trial may be more indifferent, 32 feeing that the safety of the prisoner con• fifteth in the indifferency of the court, the judges ought not to deliver their opinions before-hand, of any criminal cafe ⚫ that may come before them judicially "." But, in libel caufes, it has been no uncommon thing to fee the judges acting as counfel against the perfons under trial: which shews the extreme danger and impropriety of leaving the innocence, or criminality, of fuch publications as are termed libels, wholly to the determination of the court. To fuppofe, from motives of delicacy, that the judges will always be impartial, and that they will never be under any undue influence, in caufes between the 32 Institutes, Part III. p. 29. edit. 1660. weak weak and abfurd; and, indeed, no man can be of that opinion, who has ever read the STATE TRIALS, or who has been a frequent attendant in the courts in crown causes. THAT there have been many inftances of judges, who have given very erroneous judgments, and whofe conduct has been extremely criminal, is a fact too notorious to be denied. Lord chief justice Vaughan fays, If any man thinks that a perfon concerned in intereft, by the judgment, • action, or authority exercifed upon his perfon or fortunes by a judge, must sub• mit in all, or any of these, to the implied difcretion and unerringness of his judge, without feeking fuch redress as the law allows him, it is a perfuafion against common reason, the received law, ⚫ and ufage both of this kingdom, and almoft all others. If a court, inferior or fuperior, VOL. II. F be legal, than it had been before. That preffure, fays he, was borne with much more chearfulness before the judgment. for the king, than ever it was after; men before pleafing themselves with doing fomething for the king's fervice, as a testimony of their affection, which they • were not bound to do; many really be lieving the neceffity, and therefore thinking the burthen reasonable; others obferving, that the advantage to the king was of importance, when the damage to them was not confiderable; and all affuring themselves, that when they fhould be weary or unwilling to continue the payment, they might refort to the law for relief, and find it. But when they heard this demanded in a court of law, as a right, and found it, by sworn judges of the law, adjudged fo, upon fuch grounds • and upon it as the cafe of d cafe of the kingdom, tion laid upon them by the judges; which they • felves bound in confcien justice not to fubmit to.'damage and mifschief can that the crown and state • deserved reproach and tended the judges, by b in this and like acts of p ing no poffibility to prefe reverence, and estimati F 3 |