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LV

Of Honour and Reputation

THE Winning of Honour, is but the Reveal

1 ing of a Mans Vertue and Worth, without Disadvantage. For some in their Actions, doe Wooe and affect Honour, and Reputation: Which Sort of Men, are commonly much Talked : of, but inwardly little Admired. And some, contrariwise, darken their Vertue, in the Shew of it; So as they be under-valued in opinion. If a Man performe that which hath not beene attempted before; Or attempted & given over; Or hath beene atchieved, but not with so good Circumstance; he shall purchase more Honour, then by Effecting a Matter of greater Difficulty, or Vertue, wherein he is but a Follower. If a Man so temper his Actions, as in some one of u them, hee doth content everie Faction, or Combination of People, the Musicke will bee the fuller. A man is an ill Husband of his Honour, that entreth into any Action, the Failing wherein may disgrace him more, then the Carying of it through can Honor him. Honour, that is gained and broken upon Another, hath the

quickest Reflection; Like Diamonds cut with Fascets. And therefore, let a Man contend, to excell any Competitors of his in Honour, in Out-shooting them, if he can, in their owne Bowe. Discreet Followers and Servants helpe much to Reputation: Omnis Fama à Domesticis * emanat. Envy, which is the Canker of Honour,

is best extinguished, by declaring a Mans Selfe, in his Ends, rather to seeke Merit, then Fame: And by Attributing a Mans Successes, rather to divine Providence and Felicity, then to his owne Vertue or Policy. The true Marshalling of the Degrees of Soveraigne Honour are these. In the First Place are Conditores Imperiorum; Founders of States, and Common-Wealths: Such as were Romulus, Cyrus, Cæsar, Ottoman, Ismael. In the Second Place are Legis-latores, Lawgivers; which are also called, Second Founders, or Perpetui Principes, because they Governe by their Ordinances, after they are gone: Such were Lycurgus, Solon, Iustinirn, Eadgar, 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 Civill Warres, or deliver their Countries from Servitude of Strangers, or Tyrants; As Augustus Cæsar, Vespasianus, Aurelianus, Theodoricus, K. Henry the 7. of England, K. Henry the 4. of France. In the Fourth Place, are Propagatores or Propugnatores Imperij; Such as in Honourable Warres enlarge their Territories, or make Noble defence against Invaders. And in the Last Place, are Patres Patriæ; which reigne iustly, & make

the Times good, wherein they live. Both which last Kindes, need no Examples, they are in such Number. Degrees of Honour in Subiects are; First, Participes Curarum; Those upon whom Princes doe discharge the greatest Weight of their Affaires; Their Right Hands, as we call them. The Next are, Duces Belli, Great Leaders; Such as are Princes Lieutenants, and doe them Notable Services in the Warres. The Third are, Gratiosi; Favourites; Such as exceed not this Scantling; To be Solace to the Soveraigne, and Harmelesse to the People. And the Fourth, Negotijs pares; Such as have great Places under Princes, and execute their Places with Sufficiency. There is an Honour 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 Countrey: As was M. Regulus, and the Two Decij.

LVI

Of Judicature

JUDGES ought to remember, that their Office 1 is Ius dicere, and not Ius 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 sticke to Adde and Alter; And to Pronounce that, which they doe not Finde; And by Shew of Antiquitie, to introduce Noveltie. Iudges ought to be more Learned, then Wittie ; More Reverend, then Plausible; And more Advised, then Confident. Above all Things, Integritie is their Portion, and Proper Vertue. Cursed (saith the Law) is hee that removeth the Land-marke, The Mislaier of a Meere Stone is to blame. But it is the Uniust Iudge, that is the Capitall Remover of Land-markes, when he Defineth amisse of Lands and Propertie. One Foule Sentence, doth more Hurt, then many Foule Examples. For these doe but Corrupt the Streame; The other Corrupteth the Fountaine. So saith Salomon; Fons turbatus, & Vena corrupta, est Iustus cadens in causå suâ coram Adversario. The Office of Iudges, may have Reference, Unto the Parties that sue; Unto the Advocates that Plead; Unto the Clerkes and Ministers of lustice underneath them; And to the Soveraigne or State above them.

First, for the Causes or Parties that Sue. There be (saith the Scripture) that turne Iudgement into Worme-wood; And surely, there be also, that turne it into Vinegar; For Iniustice maketh it Bitter, and Delaies make it Soure. The Principall Dutie of a Iudge, is to suppresse Force and Fraud; whereof Force is the more Pernicious, when it is Open; And Fraud, when it is Close and Disguised. Adde thereto Contentious Suits, which ought to be spewed out, as the Surfet of Courts. A ludge ought to prepare his Way to a Iust Sentence, as God useth to prepare his Way, by Raising Valleys, and Taking downe Hills: So when there appeareth on either side, an High Hand; Violent Prosecution, Cunning Advantages taken, Combination, Power, Great Counsell, then is the Vertue of a Iudge seene, to make Inequalitie Equall; That he may plant his Iudgement, as upon an Even Ground. Qui fortitèr emungit, elicit sanguinem; And where the Wine-Presse is hard wrought, it yeelds a harsh Wine, that tastes of the Grape-stone. Iudges must beware of Hard Constructions, and Strained Inferences; For there is no Worse Torture, then the Torture of Lawes. - Specially in case of Lawes Penall, they ought to have Care, that that which was meant for Terrour, be not turned into Rigour; And that they bring not upon the People, that Shower,

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