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 affecting 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 his honor that entereth into any action, the failing wherein may disgrace him more than the carrying of it through can honor him. Honor that is gained and broken upon another hath the quickest reflection, like diamonds cut with facets; and therefore let a man contend to excel any competitors 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." "1 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," "2 founders of states and commonwealths; such as were Romulus, Cyrus, Cæsar, Ottoman, Ismael: in the second 1 "All fame emanates from servants." — Q. Cic. de Petit. Consul. v. 17. 2" Founders of empires." 3 He alludes to Ottoman, or Othman I., the founder of the dynasty now reigning at Constantinople. From him, the Turkish empire received the appellation of "Othoman," or Porte. 66 Ottoman " 66 66 1 place are "legislatores," lawgivers, which are also called second founders, or "perpetui principes," because they govern by their ordinances after they are gone; such were Lycurgus, Solon, Justinian, Edgar,2 Alphonsus of Castile, the Wise, that made the Siete Partidas: " 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 Cæsar, Vespasianus, 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 patriæ," 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 greatest weight of their affairs, their right hands, as we call them; the next are 997 "duces belli," 8 1"Perpetual rulers." 2 Surnamed the Peaceful, who ascended the throne of England A. D. 959 He was eminent as a legislator, and a rigid assertor of justice. Hume considers his reign "one of the most fortunate that we meet with in the ancient English history." 8 These were a general collection of the Spanish laws, made by Alphonso X. of Castile, arranged under their proper titles. The work was commenced by Don Ferdinand his father, to put an end to the contradictory decisions in the Castilian courts of justice. It was divided into seven parts, whence its name "Siete Partidas." It did not, however, become the law of Castile till nearly eighty years after. 4"Deliverers," or 66 preservers." 5" Extenders," or "defenders of the empire." 6" Fathers of their country." 7" Participators in cares.' 8" Leaders in war." princes' lieutenants, and do them notable services in the wars; the third are "gratiosi," favorites, such as exceed not this scantling,1 to be solace to the sovereign, and harmless to the people; and the fourth, "negotiis pares," 2 such as have great places under princes, and execute their places with sufficiency. There is an honor, likewise, which may be ranked amongst the greatest, which happeneth rarely; that is, of such as sacrifice themselves to death or danger for the good of their country; as was M. Regulus, and the two Decii. LVI-OF JUDICATURE. 8 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 antiquity, 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) 5 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. 1 Proportion, dimensions. 8" To expound the law." One foul sentence 2" Equal to their duties." 4" To make the law." 5 The Mosaic law. He alludes to Deuteronomy xxvii. 17: Cursed be he that removeth his neighbor's landmark." doth more hurt than many foul examples; for these do but corrupt the stream, the other corrupteth the fountain: so saith Solomon, "Fons turbatus et vena corrupta est justus cadens in causâ suâ coram adversario." 1 The office of judges may have reference unto the parties that sue, unto the advocates that plead, unto the clerks and ministers of justice underneath them, and to the sovereign or state above them. "There First, for the causes or parties that sue. be (saith the Scripture) that turn judgment into wormwood; "2 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 a high hand, violent prosecution, cunning advantages taken, combination, 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. "Qui fortiter emungit, elicit sanguinem ; and where the wine-press is hard wrought, it yields a harsh wine, that tastes of the grape-stone. Judges must 1 "A righteous man falling down before the wicked is as a troubled fountain and a corrupt spring.". - Proverbs xxv. 26. 2" Ye who turn judgment to wormwood, and leave off righteousness in the earth."-Amos v. 7. 8" He who wrings the nose strongly brings blood." Proverbs Xxx. 33: Surely, the churning of milk bringeth forth butter, and the wringing of the nose bringeth forth blood; so the forcing; of wrath bringeth forth strife." beware of hard constructions and strained inferences; for there is no worse torture than the torture of laws. Especially in case of laws penal, they ought to have care that that which was meant for terror be not turned into rigor; and that they bring not upon the people that shower whereof the Scripture speaketh, "Pluet super eos laqueos;" for penal laws pressed,2 are a shower of snares upon the people. Therefore let penal laws, if they have been sleepers of long, or if they be grown unfit for the present time, be by wise judges confined in the execution: "Judicis officium est, ut res, ita tempora rerum," &c. In causes of life and death, judges ought (as far as the law permitteth) in justice to remember mercy, and to cast a severe eye upon the example, but a merciful eye upon the person. 4 Secondly, for the advocates and counsel that plead. Patience and gravity of hearing is an essential part of justice, and an overspeaking judge is no well-tuned cymbal. It is no grace to a judge first to find that which he might have heard in due time from the bar; or to show quickness of conceit in cutting off evidence or counsel too short, or to prevent information by questions, though pertinent. The parts of a judge in hearing are four to direct the evidence; to moderate length, repetition, or impertinency of speech; to recapitulate, select, and collate the material points of that which hath been "Upon 1" He will rain snares upon them." Psalm xi. 6: the wicked he shall rain snares, fire, and brimstone, and an horrible tempest." 2 Strained. 8"It is the duty of a judge to consider not only the facts, but the circumstances of the case.". Ovid. Trist. I. i. 37. 4 Pliny the Younger, Ep. B. 6, E. 2, has the observation: "Patientiam quæ pars magna justitiæ est;" "Patience, which is a great part of justice." ... |