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第55章

THE winning of honor, is but the revealing of a man,s virtue and worth, without disadvan-tage. For some in their actions, do woo and effect honor and reputation, which sort of men, are commonly much talked of, but inwardly little admired. And some, contrariwise, darken their virtue in the show of it; so as they be undervalued in opinion. If a man perform that, which hath not been attempted before; or attempted and given over; or hath been achieved, but not with so good circumstance; he shall purchase more honor, than by effecting a matter of greater difficulty or virtue, wherein he is but a follower. If a man so temper his actions, as in some one of them he doth content every faction, or combination of people, the music will be the fuller. A man is an ill husband of bis honor, that entereth into any action, the failing wherein may disgrace him, more than the carry-ing of it through, can honor him. Honor that is gained and broken upon another, hath the quick-est reflection, like diamonds cut with facets. And therefore, let a man contend to excel any competi-tors of his in honor, in outshooting them, if he can, in their own bow. Discreet followers and servants, help much to reputation. Omnis fama a domesticis emanat. Envy, which is the canker of honor, is best extinguished by declaring a man's self in his ends, rather to seek merit than fame; and by attributing a man's successes, rather to divine Providence and felicity, than to his own virtue or policy.

The true marshalling of the degrees of sovereign honor, are these: In the first place are conditores imperiorum, founders of states and common-wealths; such as were Romulus, Cyrus, Caesar, Ottoman, Ismael. In the second place are legis-latores, lawgivers; which are also called second founders, or perpetui principes, because they gov-ern by their ordinances after they are gone; such were Lycurgus, Solon, Justinian, Eadgar, Alphon-sus of Castile, the Wise, that made the Siete Parti-das. In the third place are liberatores, or salvatores, such as compound the long miseries of civil wars, or deliver their countries from servitude of strangers or tyrants; as Augustus Caesar, Vespasi-anus, Aurelianus, Theodoricus, King Henry the Seventh of England, King Henry the Fourth of France. In the fourth place are propagatores or propugnatores imperii; such as in honorable wars enlarge their territories, or make noble defence against invaders. And in the last place are patres patriae; which reign justly, and make the times good wherein they live. Both which last kinds need no examples, they are in such number. Degrees of honor, in subjects, are, first participes curarum, those upon whom, princes do discharge the great-est weight of their affairs; their right hands, as we call them. The next are duces belli, great leaders in war; such as are princes' lieutenants, and do them notable services in the wars. The third are gratiosi, favorites; such as exceed not this scant-ling, to be solace to the sovereign, and harmless to the people. And the fourth, negotiis pares; such as have great places under princes, and execute their places, with sufficiency. There is an honor, like-wise, which may be ranked amongst the greatest, which happeneth rarely; that is, of such as sacri-fice themselves to death or danger for the good of their country; as was M. Regulus, and the two Decii.

Of Judicature Of Judicature 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 to add and alter; and to pronounce that which they do not find; and by show of an-tiquity, to introduce novelty. Judges ought to be more learned, than witty, more reverend, than plausible,and more advised, than confident. Above all things, integrity is their portion and proper virtue. Cursed (saith the law) is he that removeth the landmark. The mislayer of a mere-stone is to blame. But it is the unjust judge, that is the capital remover of landmarks, when he defineth amiss, of lands and property. One foul sentence doth more hurt, than many foul examples. For these do but corrupt the stream, the other corrupteth the foun-tain. So with Solomon, Fons turbatus, et vena corrupta, est justus cadens in causa sua coram adversario. The office of judges may have reference unto the parties that use, unto the advocates that plead, unto the clerks and ministers of justice underneath them, and to the sovereign or state above them.

First, for the causes or parties that sue. There be (saith the Scripture) that turn judgment, into wormwood; and surely there be also, that turn it into vinegar; for injustice maketh it bitter, and delays make it sour. The principal duty of a judge, is to suppress force and fraud; whereof force is the more pernicious, when it is open, and fraud, when it is close and disguised. Add thereto contentious suits, which ought to be spewed out, as the surfeit of courts. A judge ought to prepare his way to a just sentence, as God useth to prepare his way, by raising valleys and taking down hills: so when there appeareth on either side an high hand, vio-lent prosecution, cunning advantages taken, com-bination, power, great counsel, then is the virtue of a judge seen, to make inequality equal; that he may plant his judgment as upon an even ground.

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