quæ dixerat feceratque, arte quâdam ostentator:1 for that proceeds not of vanity, but of natural magnanimity and discretion; and, in some persons, is not only comely but gracious. For excusations, cessions,3 modesty itself, well governed, are but arts of ostentation. And amongst those arts there is none better than that which Plinius Secundus speaketh of; which is, to be liberal of praise and commendation to others, in that wherein a man's self hath any perfection. For saith Pliny, very wittily, In commending another you do yourself right; for he that you commend is either superior to you in that you commend, or inferior; if he be inferior, if he be to be commended, you much more: if he be superior, if he be not to be commended, you much less.5 Glorious men are the scorn of wise men ; the admiration of fools; the idols of parasites; and the slaves of their

own vaunts.

LV. OF HONOUR AND REPUTATION.

The winning of honour is but the revealing of a man's virtue and worth without disadvantage. For some in their actions do woo and affect honour and reputation; which sort of men are commonly much talked of, but inwardly little admired.7 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 at

8

1 Omnium quæ, &c.] Tacitus, Hist. ii. 80. One who set off with peculiar art whatever he said and did.

2 Gracious] Graceful.

3 Cessions] Concessions.

Saith Pliny] Epist. vi. 17.

5 You much less] You are much less to be discommended.

6 Affect] Show a liking for.

"Admired] Wondered at. So as] So that.

4

tempted before, or attempted and given over, or hath been achieved, but not with so good circumstance,1 he shall purchase more honour 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 2 every faction or combination of people, the music will be the fuller. A man is an ill husband 3 of his honour that entereth into any action, the failing wherein may disgrace him more than the carrying of it through can honour him. Honour 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 honour, in outshooting them, if he can, in their own bow. Discreet followers and servants help much to reputation: Omnis fama a domesticis emanat.5 Envy, which is the canker of honour, is best distinguished 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 6 than to his own virtue or policy. The true marshalling of the degrees of sovereign honour are these: In the first place are conditores imperiorum, founders of States and Commonwealths; such as were Romulus, Cyrus, Cæsar, Ottoman,7 Ismael. In the second 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

1 Circumstance] Concomitants.

2 As in some, &c.] That in some one of them he may please.

8 Husband] Economist; manager.

4 Broken upon another] Set off in detail against another.

5 Omnis fama, &c.] Q. Cicero, De Petit. Consul. v. 17. All fame emanates from domestics.

6 Felicity] Good hap or fortune. See p. 165, note I.

Ottoman] Othman I. the founder of the Ottoman empire, 1298.

8 Ismael] The Sophy, or King of Persia. He has been referred to before, in the 43rd Essay, p. 174.

P

1

Lycurgus, Solon, Justinian, Edgar, Alphonsus of Castile, the Wise, that made the Siete Partidas.2 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 3 imperii, such as in honourable 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 honour 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 duces belli, great leaders; such as are Princes' lieutenants, and do them notable services in the wars. The third are gratiosi, favourites; such as exceed not this scantling-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 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 country; as was M. Regulus, and the two Decii.

7

6

Edgar] He became King of England in 959, and distinguished himself as a legislator.

2 The Siete Partidas] The Seven Parts; a digest of the laws of Spain made by Alphonso X. of Castile, whose reign began in 1252.

3 Propagatores or propugnatores] Extenders or defenders.

4 Participes curarum] Sharers of cares.

5 Scantling] Small measure

See p. 108.

• Negotiis pares] Men equal to the demands of business. See p. 119, note 3.

Sufficiency] Ability.

LVI. 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 antiquity to introduce novelty. Judges ought to be more learned than witty; more reverend than plausible; and more advised1 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 fountain. So saith Solomon, Fons turbatus, et vena corrupta, est justus cadens in causâ suâ coram adversario.3 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.

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.

1 Advisea] Heedful; wary.

2 Cursed, &c.] Deut. xxvii. 17.

3 Fons turbatus, &c.] Prov. xxv. 26. A righteous man falling down before the wicked is as a troubled fountain and a corrupt spring.' • There be, &c.] Amos v. 7.

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,2 and where the wine-press is hard wrought, it yields a harsh wine, that tastes of the grape-stone. Judges must beware of hard constructions, and strained inferences; for there is no worse torture than the torture of laws. Specially in case of laws penal, they ought to have care that that which was meant for terror3 be not turned into rigour; and that they bring not upon the people that shower whereof the Scripture speaketh, Pluet super eos laqueos: for penal laws pressed 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: Fudicis officium est, ut res, ita tempora rerum, &c.5 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.

Secondly, for the advocates and counsel that plead: Patience and gravity of hearing is an essential part of justice, and an over-speaking judge is no well-tuned cymbal. It is no grace to a judge first to find that which he might

'As God useth to prepare, &c.] Isaiah xl. 3, 4.

2 Qui fortiter, &c.] He who blows the nose violently brings forth blood. Prov. xxx. 33.

3 Terror] A means of deterring. See Rom. xiii. 3.

5

Pluet, &c.] He will rain snares upon them.

Judicis officium, &c.] Ovid, Trist. I. i. 37. to consider not only the facts of a case, but the

apply.

Well-tuned cymbal] Psalter, cl. 5

Ps. xi. 6.

It is a judge's duty times to which they