Verse-by-Verse Bible Commentary
Proverbs 31:5

Clarke's Commentary

Verse Proverbs 31:5. Lest they drink, and forget the law — When they should be administering justice, they are found incapable of it; or, if they go into the judgment-seat, may pervert justice.

Bridgeway Bible Commentary

A mother’s advice to a king (31:1-9)

King Lemuel was probably a non-Israelite from a neighbouring nation, but his mother appears to have been a God-fearing woman who vowed her son to God (31:1-2). The main desire of some kings was to get themselves as much pleasure as possible, chiefly through women and wine. Lemuel is warned that such interests distract a king from his proper duties and result in lawlessness and injustice (3-5). Strong drink deadens pain and dulls the mind. Therefore, among the people who seek after it are those whose distress is so great that life seems to have no more hope for them. The king should not seek after it, for he must have a clear mind at all times, so that he can judge with justice and defend the downtrodden (6-9).

Coffman's Commentaries on the Bible

THE WORDS OF LEMUEL

"What, my son? and what, O son of my womb? And what, O son of my vows? Give not thy strength unto women, Nor thy ways to that which destroyeth kings. It is not for kings, O Lemuel, it is not for kings to drink wine; Nor for princes to say, Where is strong drink? Lest they drink, and forget the law, And pervert the justice that is due to any that are afflicted. Give strong drink unto him that is ready to perish, And wine unto the bitter in soul: Let him drink, and forget his poverty, And remember his misery no more. Open thy mouth for the dumb, In the cause of all such that are left desolate. Open thy mouth, judge righteously, And minister justice to the poor and needy."

"O son of my vows" This suggests that, He was given to his mother in response to her vows, as was Samuel (1 Samuel 1:11).

"Give not thy strength unto women" The parallel line suggests that failure to heed this warning is indeed the "way that destroys kings."

"It is not for kings… it is not for kings to drink wine" This is not a double warning against "excessive drinking" of wine, but against "drinking wine." Furthermore, the warning is just as valid for private citizens as it is for kings and for everyone else who is not "ready to perish."

Drinking alcoholic beverages, "Opens all the sanctuaries of nature, exposes all its weakness and follies, multiplies sins and uncovers the nakedness of both soul and body. It takes a man's soul into imprisonment more than any other vice, completely disarming a man of his reason and wisdom. More and more, those who thus indulge become less and less a man and more and more a fool!"The Pulpit Commentary, Vol. 9, p. 598.

"Give strong drink unto him that is ready to perish" The proper use of alcohol appears here. In the Bible, "Alcohol is considered to have its proper use, not as an intoxicating drink, but for medicinal and restorative purposes (1 Timothy 5:23)."Broadman Bible Commentary (Nashville: Broadman Press, 1971), Vol. 5, p. 97.

Fritsch in the Interpreter's Bible wrote, "These words deprecate overindulgence";The Interpreter's Bible, Vol. 4, p. 954. but Harris wrote more wisely, "This is not an allowance of moderate drinking, as Fritsch suggests. It recommends alcohol as a drug."Wycliffe Old Testament Commentary, p. 582. "Upon the basis of this proverb, the noble women of Jerusalem gave a potion of strong drink to malefactors condemned to death, a potion which Jesus refused (Mark 15:23)."Delitzsch in C. F. Keil, Keil-Delitzsch's Old Testament Commentaries (Grand Rapids: Wm. B. Eerdmans Publishing Company), Vol. 6b, p. 322.

These nine verses taken as a whole are primarily concerned, on the part of Lemuel's mother, that her son should avoid the pitfalls of sex and liquor. After all, as Harris said, "Wine, women and song are the old debasing trio";Wycliffe Old Testament Commentary, p. 582 and if one wishes to stay innocent in this regard, it is not nearly enough to "quit singing"!

There follows next in this final chapter an acrostic, "An alphabetical poem on the Virtuous Woman; and the alphabet here is regular, unlike the acrostics in Lamentations and Psalms 119, where minor reversals of certain letters and a few other irregularities are found. The most important thing to remember about these alphabetical portions of the Bible, is that according to recently discovered Ugarit writings using this format during the fifteenth century B.C., alphabetical writings are no longer any evidence whatever of a late date."Ibid.

Smith's Bible Commentary

Chapter 31

Now the thirty-first proverb are,

The words of king Lemuel, the prophecy that his mother taught him ( Proverbs 31:1 ).

So these are really the words of King Lemuel's mother unto him. The advice of a godly mother to her prince son who one day is to reign over the people. There are those who think that Lemuel is indeed Solomon, and that these are the words of Bathsheba unto Solomon. Whether or not that is so is a matter of argument among the theologians, of which I have no desire to enter into. "The words of king Lemuel, the prophecy that his mother taught him."

What, my son? and what, the son of my womb? and what, the son of my vows? Give not thy strength unto women, nor thy ways to that which destroys kings. For it is not for kings, O Lemuel, it is not for kings to drink wine; or for princes strong drink ( Proverbs 31:2-4 ):

Now in the scriptures, in the New Testament we find that wine was forbidden for a man who was an overseer in the church. "If any man desires the office of the bishop or an overseer, he desires a good thing. But he's not to be given to wine, no striker. Taking care of his own family," and so foRuth ( 1 Timothy 3:1 , 1 Timothy 3:4 ). So wine was prohibited for any person who has a position of leadership in overseeing in the church. Here we are told that wine is not for kings. Anyone in the ruling capacity. Why? Because God doesn't want your mind to be colored by any kind of a false stimulant. He doesn't want anything to cloud your judgment. He wants your mind to be perfectly clear.

God doesn't really want to communicate with a foggy mind. It's hard to communicate with people who come to you and who are on drugs or who are, say, drunk. You know that they don't know what they're really saying. You know that they don't really mean. You don't really know who you're talking to. You're not dealing with the real person. And to try to counsel them is futility, because you're not really dealing with the true issues and with the real person until their mind is totally clear.

I love having a clear mind. I love having a mind that is not under the influence of any outside kind of a stimulant or force or whatever. I love being able to think clearly. I can't understand why a person would want to fog up their mind or alter their conscious state. I love so much the clear ability to reason, to think, to see things clearly. I don't want to fog up my mind and perhaps destroy my ability of judgment. So as the king, wine wasn't for the king because it has the possible altered conscious state. The same was for the bishop, the overseer in the church. The same was true for the priest in the Old Testament when he offered sacrifices before the Lord. He wasn't to drink wine lest he be serving God under some kind of a false fire, a false stimulant. Aaron's sons were destroyed because of the false fire that they offered unto God, strange fire that they offered. And God doesn't want strange fire.

So these things are spoken, the mother was speaking to Lemuel and said, "Hey, wine isn't for kings or strong drink for princes."

Lest they drink, and forget the law, and pervert the judgment of any of the afflicted ( Proverbs 31:5 ).

Lest through your drinking your state of consciousness is altered and you are not clear in the judgment that you make.

Give strong drink to him who is ready to die, and wine unto those who are of heavy hearts. Let him drink, and forget his poverty, and remember his misery no more. But open thy mouth for the dumb in the cause of all such as are appointed to destruction. Open thy mouth, judge righteously, and plead the cause of the poor and the needy ( Proverbs 31:6-9 ).

So the exhortation of Lemuel's mother to him as he is to be a king over his judgment and in the responsibility that will be his in offering and in giving judgment.

Now who can find a virtuous woman? for her price is far above rubies ( Proverbs 31:10 ).

So it is possible that at this point, if indeed this is Solomon, and Bathsheba's talking to him, it would with all of his wives, it would be interesting if he had found a virtuous woman among them. "Her price is far above rubies." Her description.

The heart of her husband does safely trust in her, so that he shall have no need of spoil ( Proverbs 31:11 ).

You just can trust your wife completely. It's so glorious to have a wife that you can have total trust in. You don't have to be suspicious. You don't have to be questioning. But you can just have that total confidence that they are true, that they are pure, that they are honest. Virtuous woman. Price is above far above rubies.

She will do him good and not evil all of his days. She seeks wool, and flax, works willingly with her hands. She is like the merchants' ships; in that she brings her food from afar ( Proverbs 31:12-14 ).

She shops the ads, gets the best buys from the various markets.

She rises up also while it is yet night, and gives meat to her household, and a portion to her maidens ( Proverbs 31:15 ).

Industrious.

She considers a field, and buys it: with the fruit of her hands she plants a vineyard. She girds her loins with strength, and strengthens her arms. She perceives that her merchandise is good: her candle goeth not out by night ( Proverbs 31:16-18 ).

I mean, she is just a very industrious woman indeed.

She lays her hands to the spindle, and her hands hold the distaff. She stretches out her hand to the poor; yea, she reaches out her hands to the needy. She is not afraid of the snow for her household: all of her household are clothed with scarlet. She makes herself coverings of tapestry; her clothing is silk and purple. Her husband is known in the gates, when he sitteth among the elders of the land ( Proverbs 31:19-23 ).

Now the gates were an important place of a city, for the gates were the place of judgment. When persons had any kind of business to transact, legal business and all, they would always come into the gates of the city, and the men who sat in the gates of the city were the renowned men of the city and they would come to them for judgments. Her husband is known in the gates. He sits along the elders of the land.

She makes fine linen, and sells it; and delivers girdles to the merchant. Strength and honor are her clothing; and she shall rejoice in time to come. She openeth her mouth with wisdom; and in her tongue is the law of kindness. She looketh well to the ways of her household, and eats not the bread of idleness. Her children arise up, and call her blessed; her husband also, and he praises her. Many daughters have done virtuously, but thou excellest them all. Favor is deceitful, beauty is vain: but a woman that reverences the LORD, she shall be praised. Give her of the fruit of her hands; and let her own works praise her in the gates ( Proverbs 31:24-31 ).

What a beautiful, beautiful tribute to the woman. To the truly beautiful woman. The one that God honors because she honors God. Her children rise up and call her blessed. Her husband praises her. Guys, aren't we lucky that all of us have found these beautiful women? How thankful we are to God for our wives. What a blessing they are to us. What a value. What a joy. What an asset. You couldn't buy her with rubies. Her value is far above them. What an asset they are to the husband, to the family and to God. Thank God for a virtuous wife. Over and over I thank God for Kay and what she means to me and what she means to our family. How privileged. And each one of you men, as you think of that wife that God has given to you, a precious jewel indeed.

We are told in the scriptures, cherish her, nourish her, love her, even as Christ loved the church and gave Himself for it. Thank God. What a beautiful picture we have here.

But this verse, for you young ladies, "Favor is deceitful, beauty is vain." Some of you are bemoaning the fact, "Oh, I'm not beautiful." It seems like there are very, very, very few women who are satisfied with their looks. Most women think of themselves as rather ugly. Most women have a low self-esteem. Very, very few women. There are some but they are rare who really think that they are beautiful, and those that think they are beautiful are usually odious. They're hard to be around. They're intolerable. A woman who really thinks she's beautiful. You don't want her. You'll never be able to keep her up. But the true beauty.

So don't worry if God hasn't put the perfect face on you, because beauty is deceitful, favor is deceitful, beauty is vain. It's empty. And it's so true. You listen to some of these Hollywood beauties and what's more empty than the head of a Hollywood beauty queen? Some of those that primp and think they're so beautiful and are posing constantly. But you listen to their words and they just express the empty head. They never had to think. You see, everybody is always flattering them and all. And they've never had to really develop character. And they're about as shallow as you can be. You just listen to them talk and you find out how empty and shallow they are. They've never seen any need for developing character. Beauty is vain.

But a woman who really reverences the Lord, a woman who lives a godly life. A woman who loves the Lord. There's nothing more beautiful in all of the world than a woman who is righteous and loves God. Oh, how beautiful. That's true beauty. You see that woman who is relating to God, the beautiful life is the one that is in the right relationship with the Lord. "The woman who fears the Lord, she shall be praised."

You guys that are looking for a gal, don't look for the pretty face. You're liable to find an empty head. Look for the one who knows how to pray. Look for the one who is interested in the things of the Lord. Look for that one who is seeking God and seeking her life to be conformed into the image of Jesus Christ. You'll have a wife that will be true and faithful and loving and glorious all of your life. You'll be happy. She is the one that you're really wanting. She shall be praised. But you know, God is so good that God makes them to look more beautiful to us than anybody else anyhow. That's just God's little plus benefit.

Father, we thank You for the wisdom, the instruction, the knowledge that You have given to us even in these little pithy sayings and in the proverbs. We thank You, Lord, that we can learn how to live through Thy Word. What to seek and what to shun. And help us, Lord, to seek Thee. Thy kingdom, Thy righteousness above everything else. Now Lord, hide away in our heart these truths. And may they become the guiding principles of our lives. In Jesus' name. Amen. "

Dr. Constable's Expository Notes

VII. COLLECTION 7: THE WISDOM OF LEMUEL CH. 31

Some commentators have regarded only the first nine verses of this chapter as Lemuel’s writing. One reason for this is that the Septuagint translators separated Proverbs 31:1-9 from Proverbs 31:10-31 by five chapters (chs. 25-29). However, the Hebrew text implies that Lemuel wrote the whole chapter since it connects these two sections.

Dr. Constable's Expository Notes

B. The wise king 31:2-9

Dr. Constable's Expository Notes

Her counsel was that it is not wise for a king to make himself dependent on women (Proverbs 31:3) or wine (Proverbs 31:4-7).

"David’s lust for Bathsheba made him callous toward justice and cost Uriah his life, and Solomon’s many sexual partners made him callous toward pure and undefiled religion and incapable of real love. In other words, obsession with women has the same effect as obsession with liquor (Proverbs 31:5)." [Note: Waltke, The Book . . . 31, p. 507.]

The advice in Proverbs 31:6-7 is probably sarcastic, to point out the uselessness of intoxicants. [Note: Ibid., pp. 508-9.] Positively, a king should uphold justice, especially for those whom other people might take advantage of (Proverbs 31:8-9).

"It is the responsibility of the king to champion the rights of the poor and the needy, those who are left desolate by the cruelties of life (see 2 Samuel 14:4-11; 1 Kings 3:16-28; Psalms 45:3-5; Psalms 72:4; Isaiah 9:6-7)." [Note: Ross, p. 1128.]

"I think Proverbs 31:6-7 are spoken in irony and not as a commandment, because nobody’s problems are solved by forgetting them, and who wants to spend his or her last minutes of life on earth drunk? [cf. Matthew 27:33-34]." [Note: Wiersbe, p. 149.]

Gill's Exposition of the Whole Bible

Lest they drink, and forget the law,.... The law of God by Moses, which the kings of Israel were obliged to write a copy of, and read over daily, to imprint it on their minds, that they might never forget it, but always govern according to it, Deuteronomy 17:18; or the law of their ancestors, or what was made by themselves, which through intemperance may be forgotten; for this sin stupefies the mind and hurts the memory, and makes men forgetful;

and pervert the judgment of any of the afflicted; a king on the throne, or a judge on the bench, drunk, must be very unfit for his office; since he must be incapable of attending to the cause before him, of taking in the true state of the case; and, as he forgets the law, which is his rule of judgment, so he will mistake the point in debate, and put one thing for another; and "change" g and alter, as the word signifies, the judgment of the afflicted and injured person, and give the cause against him which should be for him; and therefore it is of great consequence that kings and judges should he sober. A certain woman, being undeservedly condemned by Philip king of Macedon, when drunk, said,

"I would appeal to Philip, but it shall be when he is sober;''

which aroused him; and, more diligently examining the cause, he gave, a more righteous sentence h.

g ישנה "mutet", Pagninus, Montanus, Junius Tremellius, Piscator, Mercerus, Cocceius, Gejerus, Michaelis "demutet", Schultens. h Valer. Maxim l. 6. c. 2. extern. 1.

Henry's Complete Commentary on the Bible

      1 The words of king Lemuel, the prophecy that his mother taught him.   2 What, my son? and what, the son of my womb? and what, the son of my vows?   3 Give not thy strength unto women, nor thy ways to that which destroyeth kings.   4 It is not for kings, O Lemuel, it is not for kings to drink wine; nor for princes strong drink:   5 Lest they drink, and forget the law, and pervert the judgment of any of the afflicted.   6 Give strong drink unto him that is ready to perish, and wine unto those that be of heavy hearts.   7 Let him drink, and forget his poverty, and remember his misery no more.   8 Open thy mouth for the dumb in the cause of all such as are appointed to destruction.   9 Open thy mouth, judge righteously, and plead the cause of the poor and needy.

      Most interpreters are of opinion that Lemuel is Solomon; the name signifies one that is for God, or devoted to God; and so it agrees well enough with that honourable name which, by divine appointment, was given to Solomon ( 2 Samuel 12:25), Jedediah--beloved of the Lord. Lemuel is supposed to be a pretty, fond, endearing name, by which his mother used to call him; and so much did he value himself upon the interest he had in his mother's affections that he was not ashamed to call himself by it. One would the rather incline to think it is Solomon that here tells us what his mother taught him because he tells us (Proverbs 4:4; Proverbs 4:4) what his father taught him. But some think (and the conjecture is not improbable) that Lemuel was a prince of some neighbouring country, whose mother was a daughter of Israel, perhaps of the house of David, and taught him these good lessons. Note, 1. It is the duty of mothers, as well as fathers, to teach their children what is good, that they may do it, and what is evil, that they may avoid it; when they are young and tender they are most under the mother's eye, and she has then an opportunity of moulding and fashioning their minds well, which she ought not to let slip. 2. Even kings must be catechised; the greatest of men is less than the least of the ordinances of God. 3. Those that have grown up to maturity should often call to mind, and make mention of, the good instructions they received when they were children, for their own admonition, the edification of others, and the honour of those who were the guides of their youth.

      Now, in this mother's (this queen mother's) catechism, observe,

      I. Her expostulation with the young prince, by which she lays hold of him, claims an interest in him, and awakens his attention to what she is about to say (Proverbs 31:2; Proverbs 31:2): "What! my son? What shall I say to thee?" She speaks as one considering what advice to give him, and choosing out words to reason with him; so full of concern is she for his welfare! Or, What is it that thou doest? It seems to be a chiding question. She observed, when he was young, that he was too much inclined to women and wine, and therefore she found it necessary to take him to task and deal roundly with him. "What! my son? Is this the course of life thou intendest to lead? Have I taught thee no better than thus? I must reprove thee, and reprove thee sharply, and thou must take it well, for," 1. "Thou art descended from me; thou art the son of my womb, and therefore what I say comes from the authority and affection of a parent and cannot be suspected to come from any ill-will. Thou art a piece of myself. I bore thee with sorrow, and I expect no other return for all the pains I have taken with thee, and undergone for thee, than this, Be wise and good, and then I am well paid." 2. "Thou art devoted to my God; thou art the son of my vows, the son I prayed to God to give me and promised to give back to God, and did so" (thus Samuel was the son of Hannah's vows); "Thou art the son I have often prayed to God to give his grace to (Psalms 72:1), and shall a child of so many prayers miscarry? And shall all my hopes concerning thee be disappointed?" Our children that by baptism are dedicated to God, for whom and in whose name we covenanted with God, may well be called the children of our vows; and, as this may be made a good plea with God in our prayers for them, so it may be made a good plea with them in the instructions we give them; we may tell them they are baptized, are the children of our vows, and it is at their peril if they break those bonds in sunder which in their infancy they were solemnly brought under.

      II. The caution she gives him against those two destroying sins of uncleanness and drunkenness, which, if he allowed himself in them, would certainly be his ruin. 1. Against uncleanness (Proverbs 31:3; Proverbs 31:3): Give not thy strength unto women, unto strange women. He must not be soft and effeminate, nor spend that time in a vain conversation with the ladies which should be spent in getting knowledge and despatching business, nor employ that wit (which is the strength of the soul) in courting and complimenting them which he should employ about the affairs of his government. "Especially shun all adultery, fornication, and lasciviousness, which waste the strength of the body, and bring into it dangerous diseases. Give not thy ways, thy affections, thy conversation, to that which destroys kings, which has destroyed many, which gave such a shock to the kingdom even of David himself, in the matter of Uriah. Let the sufferings of others be thy warnings." It lessens the honour of kings and makes them mean. Are those fit to govern others that are themselves slaves to their own lusts? It makes them unfit for business, and fills their court with the basest and worst of animals. Kings lie exposed to temptations of this kind, having wherewith both to please the humours and to bear the charges of the sin, and therefore they ought to double their guard; and, if they would preserve their people from the unclean spirit, they must themselves be patterns of purity. Meaner people may also apply it to themselves. Let none give their strength to that which destroys souls. 2. Against drunkenness, Proverbs 31:4; Proverbs 31:5. He must not drink wine or strong drink to excess; he must never sit to drink, as they used to do in the day of their king, when the princes made him sick with bottles of wine,Hosea 7:7. Whatever temptation he might be in from the excellency of the wine, or the charms of the company, he must deny himself, and be strictly sober, considering, (1.) The indecency of drunkenness in a king. However some may call it a fashionable accomplishment and entertainment, it is not for kings, O Lemuel! it is not for kings, to allow themselves that liberty; it is a disparagement to their dignity, and profanes their crown, by confusing the head that wears it; that which for the time unmans them does for the time unking them. Shall we say, They are gods? No, they are worse than the beasts that perish. All Christians are made to our God kings and priests, and must apply this to themselves. It is not for Christians, it is not for Christians, to drink to excess; they debase themselves if they do; it ill becomes the heirs of the kingdom and the spiritual priests, Leviticus 10:9. (2.) The ill consequences of it (Proverbs 31:5; Proverbs 31:5): Lest they drink away their understandings and memories, drink and forget the law by which they are to govern; and so, instead of doing good with their power, do hurt with it, and pervert or alter the judgment of all the sons of affliction, and, when they should right them, wrong them, and add to their affliction. It is a sad complaint which is made of the priests and prophets (Isaiah 28:7), that they have erred through wine, and through strong drink they are out of the way; and the effect is as bad in kings, who when they are drunk, or intoxicated with the love of wine, cannot but stumble in judgment. Judges must have clear heads, which those cannot have who so often make themselves giddy, and incapacitate themselves to judge of the most common things.

      III. The counsel she gives him to do good. 1. He must do good with his wealth. Great men must not think that they have their abundance only that out of it they may made provision for the flesh, to fulfil the lusts of it, and may the more freely indulge their own genius; no, but that with it they may relieve such as are in distress, Proverbs 31:6; Proverbs 31:7. "Thou hast wine or strong drink at command; instead of doing thyself hurt with it, do others good with it; let those have it that need it." Those that have wherewithal must not only give bread to the hungry and water to the thirsty, but they must give strong drink to him that is ready to perish through sickness or pain and wine to those that are melancholy and of heavy heart; for it was appointed to cheer and revive the spirits, and make glad the heart (as it does where there is need of it), not to burden and oppress the spirits, as it does where there is no need of it. We must deny ourselves in the gratifications of sense, that we may have to spare for the relief of the miseries of others, and be glad to see our superfluities and dainties better bestowed upon those whom they will be a real kindness to than upon ourselves whom they will be a real injury to. Let those that are ready to perish drink soberly, and it will be a means so to revive their drooping spirits that they will forget their poverty for the time and remember their misery no more, and so they will be the better able to bear it. The Jews say that upon this was grounded the practice of giving a stupifying drink to condemned prisoners when they were going to execution, as they did to our Saviour. But the scope of the place is to show that wine is a cordial, and therefore to be used for want and not for wantonness, by those only that need cordials, as Timothy, who is advised to drink a little wine, only for his stomach's sake and his often infirmities,1 Timothy 5:23. 2. He must do good with his power, his knowledge, and interest, must administer justice with care, courage, and compassion, Proverbs 31:8; Proverbs 31:9. (1.) He must himself take cognizance of the causes his subjects have depending in his courts, and inspect what his judges and officers do, that he may support those that do their duty, and lay those aside that neglect it or are partial. (2.) He must, in all matters that come before him, judge righteously, and, without fear of the face of man, boldly pass sentence according to equity: Open thy mouth, which denotes the liberty of speech that princes and judges ought to use in passing sentence. Some observe that only wise men open their mouths, for fools have their mouths always open, are full of words. (3.) He must especially look upon himself as obliged to be the patron of oppressed innocency. The inferior magistrates perhaps had not zeal and tenderness enough to plead the cause of the poor and needy; therefore the king himself must interpose, and appear as an advocate, [1.] For those that were unjustly charged with capital crimes, as Naboth was, that were appointed to destruction, to gratify the malice either of a particular person or of a party. It is a case which it well befits a king to appear in, for the preserving of innocent blood. [2.] For those that had actions unjustly brought against them, to defraud them of their right, because they were poor and needy, and unable to defend it, not having wherewithal to fee counsel; in such a case also kings must be advocates for the poor. Especially, [3.] For those that were dumb, and knew not how to speak for themselves, either through weakness or fear, or being over-talked by the prosecutor or over-awed by the court. It is generous to speak for those that cannot speak for themselves, that are absent, or have not words at command, or are timorous. Our law appoints the judge to be of counsel for the prisoner.