Bacon's Essays, and Wisdom of the AncientsBacon, Francis
Philosophy
Bacon's Essays, and Wisdom of the Ancients
Bacon, Francis
Bacon, Francis, 1561-1626; English essays -- Early modern, 1500-1700; Mythology, Classical
such as exceed not this scantling,[555] to be solace to the sovereign,
and harmless to the people; and the fourth, “negotiis pares,”[556]
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.
Judges ought to remember that their office is “jus dicere,”[557] and
not “jus dare;”[558] 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)[559] 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.”[560] 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.
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