Page:The Harvard Classics Vol. 3.djvu/145

Rh 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 scantling, to be solace to the sovereign, and harmless to the people. And the fourth, negotiis pares [equals in business]; 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.

 

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) 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 causa sua coram adversario [A righteous man falling down before the wicked is as a troubled fountain or a corrupt spring]. 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.