"The discretion of the Judges ought to be thus described: Discretio est discernere per legem quid sit Justum; this is prov'd by the Common Law, in the case of a special verdict, et sup' totain materiam petunt discretionem Justiciariorum; i.e. they desire that the Judges would discern by law what is just, and so give judgment accordingly."
January 1, 1970
https://en.wikiquote.org/wiki/Discretion