not their faults lost that day.

Flagitio additis
Damnum: neque amissos colores
Luna refert medicata fuco

He thought they were not worthy to be trusted again:----

To shew them pity, in his mind, would betray the Romans to perpetual
danger: _Et exemplo trahenti_

Perniciem veniens in aevum,
Si non periret immiserabilis
Captiva pubes

I hear some precedents have been lately found out to justify that
memorable action; but if precedents must control reason and justice, if
a man may swear he will keep his counsels secret, and yet by precedents
may be forced to divulge them, I would advise gentlemen very seriously
to consider, the danger we are in; and examine what precedents there are
on each side of the question, for my part I think the commons of England
are not a worse precedent than the judges of England.

Besides it must be remembered that precedents in some cases will not
excuse a judge, even where they are according to the undoubted law of
the land, as for instance,

Suppose a man says what is true, not knowing it to be true, though it be
logically a truth as it is distinguished, yet it is morally false; and
so, suppose a judge give judgment according to law, not knowing it to be
so, as if he did not know the reason of it at that time, but bethought
himself of a reason or precedent for it afterwards, though the judgment
be legal and according to precedent, yet the pronouncing of it is
unjust; and the judge shall be condemned in the opinions of all men: As
happened to the Lord Chief Justice Popham a person of great learning and
parts, who upon the trial of Sir Walter Raleigh; when Sir Walter
objected to reading or giving in evidence, Lord Cobham's affidavit,
taken in his absence, without producing the lord face to face, the lord
being then forthcoming: The chief justice overruled the objection, and
was of opinion it should be given in evidence against Sir Walter, and
summing up the evidence to the jury the chief justice said, "Just then
it came into his mind why the accuser should not come face to face to
the prisoner, because, &c." Now if any judge has since found precedents,
or has since picked up the opinion of lawyers, I fear he will come
within the case I have put.

I foresee, if ever this question happens to be debated, _you know
where_, gentlemen will be divided; Some will be desirous to do their
country justice and free us from all future danger of this kind; Others
upon motives not quite so