JUDGK. CCxlix 



in private (/) and in public. He without solicitation 

 accepts the office, with a sense of public duty, (m) He is 



(/) After Sir Matthew Hale was made a judge, he would needs pay 

 more for every purchase he made than it was worth ; if it had been but a 

 horse he was to buy, he would have outbid the price. Hale sLife, p. 153. 



For such law as man giveth other wight, 



He should himself usin the same by right. Chaucer. 



I have somewhere heard that Lord Chancellor Hardwicke, who was 

 extremely fond of money, directed his steward to buy for him an estate 

 which was to be sold in the neighbourhood. The steward returned, and 

 informed his lordship that he was the purchaser of the estate, and had made 

 a good bargain, for that it was worth 8,000 more than the sum which lie 

 had given. Lord Hardwicke ordered the fact to be ascertained, and directed 

 the 8,000 to be paid to the person of whom the estate was bought. &quot; The 

 Chancellor of England ought not,&quot; he said, &quot; to give less for an estate than 

 it is worth.&quot; 



(111) When an application was made to General Washington to accept 

 the command of the American army, he said, &quot; Though I am truly sensible 

 of the high honour done me in this appointment, yet I feel great distress 

 from a consciousness that my abilities and military experience may not be 

 equal to the extensive and important trust: however, as the Congress 

 desire it, I will enter into the momentous duty, and exert every power 

 I possess in their service, and for support of the glorious cause ; and I beg 

 they will accept my most cordial thanks for this distinguished testimony of 

 their approbation. But, lest some unlucky event should happen unfavour 

 able to my reputation, T beg it may be remembered by every gentleman in 

 the room, that I this day declare, with the utmost sincerity, I do not think 

 myself equal to the command I am honoured with. As to pay, I beg 

 leave to assure the Congress, that as no pecuniary consideration could 

 have tempted me to accept this arduous employment, at the expense of 

 my domestic ease and happiness, I do not wish to make any profit from it. 

 I will keep an exact account of my expenses. These, I doubt not, they 

 will discharge, and that is all I desire.&quot; 



Barrow, Serm. 20. p. 98. No judge should intrude himself into the 

 office, or assume a judicial power without competent authority ; that is, by 

 delegation from superior powers, or by voluntary reference of the parties 

 concerned. 



He ought not to buy his place. &quot; Grapes will not be gathered of thorns 

 and thistles. The judge s office ought not to be bought. They that buy 

 justice by wholesale to make themselves savers must sell it by retail. 



Fuller, 



