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such as exceed not this scantling,23 to be solace to the sovereign, and harmless to the people : and the fourth, NEGOTIIS PARES ;'
? 24 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.25
NOTES ON ESSAY LV.
1. He means that a man's virtue and worth are to be estimated,
not by the account he gives of himself, but by the honour he wins; for some men in their words over-estimate themselves, and others under-estimate themselves, so that the only safe
plan is to estimate them by the results of their conduct. 2. disadvantage'-alteration, either by way of exaggeration or
disparagement. 3. affect'-aim at, seek after. See note 4, Essay I. 4. So that they are less thought of by others. 5. good circumstance'—surrounding circumstances that enhance
the honour of the deed. 6. temper'-blend, mix. He means that a man will ensure
general praise if he takes care to vary his actions, so that some may please one class of persons and some another, and
thus, in turn, he may please all. 7. .music'-sound of his praises. 8. ill husband'-bad economist, unthrifty manager.
The word husband really means house-dweller, house-manager, and then, one who manages with prudence and economy: Hence the verb to husband means to direct and manage with frugality.
11р The respite of the season'-WORDSWORTH. 'He is conscious how ill he has husbanded the great deposit of his Creator'-Rambler. 'Land so trim and well-husbanded'-EVELYN.
* There's husbandry in heaven:
The candles are all out'.-Macbeth, II, i. 9. broken upon another'—made by outstripping and over-reach
ing another. 10. in their own bow'-in matters in which they have the reputa.
tion of excellence.
II. 'All fame emanates from servants.' 12. By making it clear that the real object which a man has in view
is merit and not popularity. 13. Felicity'-good luck, fortune. See paragraph 5, Essay XL. 14. marshalling'-order, arrangement in order of real merit.
Notice that the plural ‘are these,' following, is strictly
ungrammatical. 15. "conditores imperiorum ?--founders of empires.
• Romulus'—the mythical founder and first king of Rome, and
from whom the city is said to have been named.
though rather in an ideal than a real character, in Xenophon's
Government still takes its name. He died A.D. 1326.
'Ismael'-the Sophy of Persia. See note 5, Essay XLIII. 16. •legislatores '-lawgivers.
'perpetui principes '-perpetual rulers.
in the ninth century B.C.; but the story of his life is, at least,
born A. D. 483, and died A. D. 565. Born in obscure life, he raised himself by his own merits, and ascended the imperial throne A.D. 527. He is memorable as the reformer of Roman jurisprudence, and the builder of the Church of St Sophia, now the principal mosque of Constantinople. • Eadgar'—surnamed the Peaceful, King of England; he was
crowned A.D. 973, and died A.D. 975. Some stories are told to his discredit, but they rest upon doubtful evidence ; and the most trustworthy early writers of our history speak of him as one of the best and wisest kings of the age. Under
his rule England was certainly prosperous and peaceful. *Alphonsus of Castile' (A.D. 1221-1284). He was King of
Castile and Leon, and gained many victories over the Moors. He was a great lover of science, and had published the famous collection of laws called 'Las Siete Partidas' (=The
Seven Parts), so called because he finished it in seven years. 17. liberatores '-deliverers.
• Augustus Cæsar.' See note 14, Essay XXVII. • Vespasianus'-Roman emperor.
He was born of a poor family A.D. 9, and became a soldier, gradually rising to great distinction in the Roman army. Nero entrusted him with the conduct of the Jewish war, and before it was completed that emperor died, and shortly afterwards (A. D. 69) Vespasian was proclaimed his successor, and instantly returned to Italy, leaving the completion of the Jewish war to his son Titus.
He applied himself with great earnestness to the work of government, lived in great simplicity as if he were a private citizen, and set an example of pure morals. He died
A.D. 79. • Aurelianus'-Roman emperor. He was the son of a pea
sant, and was born A.D. 212. He distinguished himself as a valiant soldier, and afterwards as a skilful and successful general, and was chosen emperor A.D. 270. During the five years of his reign he drove the barbarians out of Italy; conquered Zenobia, Queen of Palmyra ; reduced Spain, Gaul,
and Britain to obedience; and commenced many useful public works • Theodoricus'—King of the Ostrogoths, and founder of the
Gothic kingdom of Italy. Born A. D. 455, died 526.
laws enacted during his reign for the benefit of his subjects.
the peace of Vervins in 1598, he immediately set himself to
in reorganising the wasted finances of the country. 18. propagatores '--extenders.
propugnatores imperii'—defenders of the empire. 19. ‘patres patriæ '-fathers of their country. 20. participes curarum'-sharers of cares. 21. discharge '-impose, entrust. 22.
duces belli'-leaders of war. 23. 'scantling'-small dimension; the limit mentioned immedi
ately afterwards. 24. negotiis pares '--equal to their duties. 25. Marcus Regulus'-a Roman general who commanded in the
first war against Carthage, and is famous for his great patriotism and devotion to his country. Being made prisoner by the Carthaginians, he was sent to Rome to negotiate peace, but had first to bind himself by oath to return to captivity if the terms were rejected which he was instructed to offer. He himself advised their rejection, and voluntarily returned to Carthage, where he is said to have been tortured and put to death.
the two Decii,' Publius Decius Mus was a Roman consul,
who, in the Samnite War, devoted himself to death to obtain the victory for his country, B.C. 341.
His son, of the same name, was also Roman consul, and B.C. 295, in a war with the Gauls, he followed his father's example, and was slain, after which act of sacrifice the Romans gained the victory.
ANALYSIS OF ESSAY LV.
I. The winning of real honour is a mean between affecting it and
1. Be the first to perform some great work.
7. Attribute the glory of your success to Divine Providence. III. Degrees of honour :
A. Among sovereigns :
1. Founders of states.
5. Good and just rulers.
1. Sharers of the cares of ruling.
LVI.—OF JUDICATURE. (1612.)
JUDGES ought to remember that their office is jus dicere, and not jus dare;1 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 4
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) is he that removeth the landmark.'8 The mislayer of a mere-stone' is to blame; but it is the unjust Judge that is the capital 10 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 Salomon, 'Fons turbatus et vena corrupta est justus cadens in causâ suâ coram adversario.'11
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; '12 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 13 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
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 ;'15 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: especially in case of laws penal, they ought to have care that that which was meant for terror be not turned into rigour; and that they bring not upon the