God ever keep you.
GORHAMBURY, August 12th, 1616
CHARGE TO JUSTICE HUTTON
From ‘Letters and Life,’ by James Spedding
Mr. Serjeant Hutton:
The King’s most excellent Majesty, being duly informed of your learning, integrity, discretion, experience, means, and reputation in your country, hath thought fit not to leave you these talents to be employed upon yourself only, but to call you to serve himself and his people, in the place of one of his Justices of the court of common pleas.
The court where you are to serve, is the local centre and heart of the laws of this realm. Here the subject hath his assurance by fines and recoveries. Here he hath his fixed and invariable remedies by praecipes and writs of right. Here Justice opens not by a by-gate of privilege, but by the great gate of the King’s original writs out of the Chancery. Here issues process of outlawry; if men will not answer law in this centre of law, they shall be cast out of the circle of law. And therefore it is proper for you by all means with your wisdom and fortitude to maintain the laws of the realm. Wherein, nevertheless, I would not have you head-strong, but heart-strong; and to weigh and remember with yourself, that the twelve Judges of the realm are as the twelve lions under Solomon’s throne; they must be lions, but yet lions, under the throne; they must shew their stoutness in elevating and bearing up the throne.
To represent unto you
the lines and portraitures of a good
judge:—The
first is, That you should draw your learning out
of your books, not out
of your brain.
2. That you should
mix well the freedom of your own opinion
with the reverence of
the opinion of your fellows.
3. That you should
continue the studying of your books, and
not to spend on upon
the old stock.