This page has been validated.
OF JUDICATURE
251
rarely; that is, of such as sacrifice[1] themselves to death or danger for the good of their country; as was M. Regulus,[2] and the two Decii.[3]
LVI. Of Judicature.[4]
Judges ought to remember that their office is jus dicere, and not jus dare; to interpret law, and not to make law, or give law. Else will it be like the authority claimed by the church of Rome, which under pretext of exposition of Scripture doth not stick[5] to
- ↑ Sacrifice, To make an offering or sacrifice of one's self; to devote one's self as an expression of thanksgiving, reconciliation, consecration, or penitence.
- ↑ Marcus Atilius Regulus, a celebrated Roman general and consul, who died about 250 B.C. According to Roman tradition, Regulus in the first Punic War, after conquering and devastating the country of the Carthaginians up to the gates of Carthage, was finally defeated and taken prisoner. Some time afterwards, the Carthaginians sent Regulus to Rome to negotiate an exchange of prisoners, first exacting from him a promise, on oath, that, if he were unsuccessful, he would return to captivity. Regulus advised the Roman senate not to consent to the exchange, on the ground that it would be disadvantageous to Rome. Then, true to his oath, he returned to Carthage, where the enraged Carthaginians put him to death in the most barbarous manner.
- ↑ The two Decii were father and son of the same name, Publius Decius Mus, of the plebeian gens of the Decii. The father was consul in 340 B.C. In the battle of Mt. Vesuvius in that year, Decius, repeating after the chief pontiff a solemn formula by which he devoted "the legions and auxiliaries of the enemy along with himself to the Dii Manes and the earth-goddess," then dashed into the ranks of the Latins, and met a death which was followed by a crushing defeat of the enemy. (Livy. VIII. 9.) The son, Publius Decius Mus, was consul for the fourth time in 295 B.C., and sacrificed himself after the manner of his father in the battle of Sentinum, when the left wing which he commanded was shaken by the Gauls. (Livy. X. 28. )
- ↑ This essay contains the substance of Bacon's charge as Lord Chancellor to Sir Richard Hutton on being created puisne, or junior, judge of the common bench. The speech was delivered in the Court of Common Pleas, May 3, 1617. Sir Richard Hutton, 1561(?)–1639, was a fellow 'ancient' of Bacon's at Gray's Inn. Bacon on delivering him his patent complimented him on possessing the virtues of a judge.
- ↑ Stick. To scruple; hesitate.
