Judges

"Judicis officium est ut res ita tempora rerum Quserere."

"Since twelve honest men have decided the cause, And were judges of fact, tho' not judges of laws."

"Si judicas, cognosce: si regnas, jube."

"Four things belong to a judge: to hear courteously, to answer wisely, to consider soberly, and to decide impartially."

"Judex damnatur cum nocens absolvitur."

"Initia magistratuum nostrorum meliora, ferme finis inclinat."

"Judges are philologists of the highest order."

"The Judge does much better herein, than what a bare grave grammarian, or logician, or other prudent man could do."

"Judges, like Caesar's wife, should be above suspicion."

"What is the obligation upon which we proceed? Upon the solemn sanction of an oath. Take away the reverence for religion, and there is an end at once of that obligation."

"I am willing to put the case into any shape you choose."

"Common sense still lingers in Westminster Hall."

"For the Judges of the Court I feel the most sincere respect, esteem and affection. Never have there presided in Westminster Hall magistrates more devotedly anxious to perform in a satisfactory manner the duties of their high office."

"To vindicate the policy of the law is no necessary part of the office of a Judge."

"Little respect will be paid to our judgments if we overthrow that one day, which we resolved the day before."

"I can't look to contingencies."

"Our business is to determine of meum and tuum, where the heats do not run so high, as in things belonging to the legislature."

"We must go upon general principles."

"The expressions of every Judge must be taken with reference to the case on which he decides, otherwise the law will get into extreme confusion. That is what we are to look at in all cases. The manner in which he is arguing it, is not the thing; it is the principle he is deciding."

"Aucupia verborum sunt judice indigna: Catching at words is unworthy of a Judge."

"Judges, in their judgments, ought to have a great regard to the generality of the cases of the King's subjects, and to the inconveniences which may ensue thereon, by the one way or the other. Judges, in giving their resolutions in cases depending before them, are to judge of inconveniences as things illegal; and an argument ah ineonvenienti is very strong to prove that it is against law."

"If my Lord Chief Justice do commit any person, and set his name to the warrant, he does not use to add to his name "Lord Chief Justice," but he is known to be so, without that addition. The lords do not use to write themselves privy counsellors; they are known to be so, as well as a Judge, who only writes his name and does not use to make the addition of his office."

"I am always afraid of quoting my own decisions; I do not think it is the right thing for a judge to do, but I often do refer to them when I can thereby avoid repeating in different words what I have said before."

"Every Judge ought to exercise care, and it is not more needed in one case than in another."

"In the hurry of business, the most able Judges are liable to err."

"For myself I will say that the Judges invite discussion of their acts in the administration of the law, and it is a relief to them to see error pointed out, if it is committed."

"Vastly inferior as this Court is to the House of Commons, considered as a body in the State, and amenable as its members may be for illconduct in their office to its animadversions and certainly are to its impeachment before the Lords, yet, as a Court of law, we know no superior but those Courts which may revise our judgments for error; and in this respect there is no common term of comparison between this Court and the House."

"The Judges are totally independent of the ministers that may happen to be, and of the King himself."

"The act of a single Judge, unless adopted by the Court to which he belongs, is of no validity. As the Courts do not sit in vacation, many things are done by the Judges individually; but their acts, when recognised, become the acts of the Court."

"I cannot properly give advice to anybody. It is very often supposed Judges can give advice, and I therefore take this public opportunity of saying that a Judge cannot do it."

"If we give an opinion, we can't give a judgment: you can't come here for an opinion to us."

"Many judges have avoided giving extra judicial opinions."

"Certainly the opinion of all the Judges of later times, must have more weight than the extra-judicial opinion of a single Judge at any former time."

"I honour the King; and respect the people1: but, many things acquired by the favour of either, are, in my account, objects not worth ambition. I wish popularity, but it is that popularity which follows; not that which is run after. It is that popularity which, sooner or later, never fails to do justice to the pursuit of noble ends, by noble means. I will not do that which my conscience tells me is wrong, upon this occasion, to gain the huzzas of thousands, or the daily praise of all the papers which come from the press: I will not avoid doing what I think is right, though it should draw on me the whole artillery of libels; all that falsehood and malice can invent, or the credulity of a deluded populace can swallow.1 I can say, with a great magistrate, upon an occasion and under circumstances not unlike, "Ego hoc animo semper fui, ut invidiam virtute partam, gloriam, haud infamiam, putarem.""

"My lords, I have heard of those who have expressed more wishes for popularity than ever I felt. I have heard it said, and I think it was in this Court, that they 'would have popularity: but it should be that popularity which follows, not that which is sought after.' My lords, I am proud enough to despise them both. If popularity should offer itself to me, I would speedily take care to kick it away."

"A popular Judge is a deformed thing :and plaudites are fitter for players than for magistrates. Do good to the people ; love them, and give them justice; but let it be as the psalm says, 'nihil inde expectantes,' looking for nothing, neither praise nor profit."

"Draw your learning out of your books, not out of your brain. Mix well the freedom of your opinion with the reverence of the opinion of your fellows. Continue the studying of your books, and do not spend on upon the old stock. Fear no man's face, yet turn not stoutness into bravery. Be a light to Jurors to open their eyes, not a guide to lead them by the noses. Affect not the opinion of pregnancy and expedition by an impatient and catching hearing of the counsellors at the bar. Let your speech be with gravity, as one of the sages of the law, and not talkative, nor with impertinent flying out to show learning. Contain the jurisdiction of your Court within the ancient mere-stones, without removing the mark."

"Sachez le vous qe nous ne froms nul tort a nul, pur vous ne pur altre: Know you this, that we will do no wrong to any one, neither for you nor for any one else."

"The world will never allow any man that character which he gives to himself by openly professing it to those with whom he converseth. Wit, learning, valour, acquaintance, the esteem of good men, will be known although we should endeavour to conceal them, however they may pass unrewarded: but I doubt our own bare assertions upon any of these points, will be of very little avail, except in tempting the hearers to judge directly contrary to what we advance."

"Fear not to do right to all, and to deliver your verdicts justly according to the laws; for feare is nothing but a betraying of the succours that reason should afford: and if you shall sincerely execute justice, be assured of three things: 1. Though some may maligne you, yet God will give you his blessing. 2. That though thereby you may offend great men, and favourites, yet you shall have the favourable kindness of the Almighty, and be his favourites. 3. And lastly, that in so doing, against all scandalous complaints, and pregmatical devices against you, God will defend you as with a shield: 'For thou, Lord, wilt give a blessing unto the righteous, and with thy favourable kindnesse wilt thou defend him, as with a shield.'"

"As long as we have to administer the law we must do so according to the law as it is. We are not here to make the law."

"We are sitting in a Court of law, and are bound to give a legal decision."

"For God's sake, do not put us on making law."

"We cannot make a law, we must go according to the law. That must be our rule and direction."

"Our duty is simply to administer the law as we find it."

"The Judges do not make the law; they administer it, and that however much they may disapprove or dislike it."

"A Judge cannot set himself above the law which he has to administer, or make or mould it to suit the exigencies of a particular occasion."

"Judicis est jus dieere non dare: It is for the Judge to administer, not to make laws."

"It is the duty of the Judge to decide according to law."

"Though in many other countries every thing is left in the breast of the Judge to determine, yet with us he is only to declare and pronounce, not to make or new-model, the law."