[001] doubtful questions and complaints of wrongdoing; men who will not stray either [002] to the left or the right from the straight path of justice1 for material prosperity or [003] fear of adversity, but who will judge the people of God equitably,2 so that one may [004] say of them, with the psalmist, that from their countenance came forth the judgment [005] of equity.3 And let them consider effectually what is required by necessity, [006] what desirable by expediency, what allowable by license and what becoming to [007] honesty. Such a judgment delights the honour of the king,4 whose person they [008] represent as they sit in justice. Let them deny to none the benefit of the law, [nor [009] seek or accept reward from anyone, as was said above,]5 that each may freely [010] pursue his right, 6that the cause of the widow proceed freely before them, they be [011] counsellors to the orphan and the ward,7 they permit false actions to be brought [012] against no one, and that their ordinances and edicts be in accordance with the law [013] and the approved customs and with the common welfare. 8Before them let no one [014] be oppressed by the power of his adversaries9 but each proceed as his cause requires, [015] and let them refrain10 from unlawfulness, nor let hatred, 11partiality or favour turn [016] them from the threshold of just judgments,12 that it may be said of them, ‘Thou [017] art just, O Lord, and thy judgment is right etc.’13 Those who judge must also be [018] wise, that they need not beg soundness in judgment from others. 14If any man [019] witless and unlearned [presumes] to ascend the judgment seat, taking his ability [020] to do justice for granted, he shall fall from on high, as venturing to fly before he [021] has wings; to give such a one the power of judgment is in no way different from [022] putting a sword in the hand of a madman.15 And a judge ought not only to be [023] wise but strong, according to the saying of Solomon, ‘Seek not to be made a [024] judge unless thou art strong in virtue, with the strength to break down iniquities, [025] lest thou quail before the face of the mighty and lay a stumbling block in the way [026] of thy activity.’1617[and see what kinds of justices delegate there are, what their [027] power is, and how their power or jurisdiction may be determined].18
Of the kinds of justices.
[029] Some justices are major, general, permanent and of greater importance, who [030] remain at the side of the king and whose duty it is to correct the wrongs and errors of [031] all others. There are also other permanent judges, sitting in a place certain, that [032] is,19 in the bench, who determine all pleas for which they have a warrant, [033] all of whom begin to have jurisdiction after having taken an oath. There are other [034] justices, travelling from place to place, as from county to county, sometimes for [035] all pleas, sometimes for certain special pleas, as for assises only and [the delivery [036] of] gaols, who begin to have authority without an oath, when they have received [037] the lord king's writ of warrant. There are also justices appointed for certain [named] [038] assises, two or three or several, who are not permanent, and who lose their jurisdiction [039] once they have discharged their office.20
Notes
1. Glanvill, Prol.: ‘a iustitiae tramite aliquatenus declinare’
[corrupt judges] diligunt munera et sequntur retributiones, nec liberant pauperum a potente, advenae et pupillo non iudicant, et causae viduae non ingreditur ad eos.’
Volume 2, Page 307
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