The prouerbes of the noble and woorthy souldier Sir Iames Lopez de Mendoza Marques of Santillana with the paraphrase of D. Peter Diaz of Toledo: wherin is contained whatsoeuer is necessarie to the leading of an honest and vertuous life. Translated out of Spanishe by Barnabe Googe.

The third Chapter of Iustice. (Book 3)

23.

From Iustice see thou varrie not, for duetie, loue, nor feare: Let no good turne at any time procure thee to forbeare. Or for to swarue in any point, from sentence iust and right: In giuing dewe correction to the faithlesse fautie wight.

The Paraphrase.

AS Aristotle in the first Booke of his Ethicks affirmeth, that the cleerest & most bewtifull vertue of all others,* 1.1 is Iustice, whose brightnesse doth farre exceede either the day starre, or the e∣uening starre: and therefore he saith, That Iustice comprehendeth in it self all other vertues. And Saint Augustine saith in his fourth Booke Of the Citie of God, that Iu∣stice beeing taken away, the kingdomes of the earth are nothing else but greate com∣panyes of theeues, nor the companyes of theeues any other then small kingdomes. And therefore saith the wise man in his Ec∣clesiastes, Follow iustice, all you that are Iudges on the earth. Whosoeuer is a Iudge, ought to bee as a Balance, and iust weight, in all his doinges, and neither for feare, friendship, nor any other respect, to forbeare the executing of vpright Iustice. And therefore Valerius sheweth in his sixth booke, that where as a certaine Iudge forbare to do iustice, because of the loue that he bare to y^e partie that was accused,* 1.2 Cam∣bises caused his skin to be plucked ouer his eares, & to be nayled to the bench where hee sat, commaunding his sonne to be set in the

place, and to giue the sentence, that his fa∣ther should haue giuen: which was suche a terror to all those that came after, that frō that time forwarde, they could neuer bee brought by feare or friendship, to giue any other iudgement, then that which was iust and vpright. And so hath God in his lawes commaunded, Thou shalt doe Iustice to the pore aswel as to the mightie, neither shalt thou haue any respect of persōs. One of the seuen wise men of Athens, as it is written in the liues of the Philosophers, was wont to say, that the lawes, where good Iusticers wanted, were like vnto Eobwebs, where flyes and such weake Creatures doe hange and stick fast: but the great and the strong doe breake thorow without any stop. Who soeuer wil deale in iustice as he ought to do, must haue no respecte of persons, but must punish aswel the euil doeings of the great ones, as the offences of the meanest sort.

24.

This is the iust and certaine line, that safely vs doth guide: And shewes the true and perfect path, by measure truely tryed. She chosen was by God him selfe, sent downe from heauen hye,

The Prophet doth confirme▪ that she descended from the skye.

THe Marques here sheweth how great the excellency of Iustice is: and Tully writeth in the dreme of Scipio, that for such as haue well gouerned in the cōmon welth, and vprightly & truely administred Iustice, there is prepared in an other worlde more hyer and glorious places then for vs, be∣cause of the labours & toyles that they haue sustained, for the preseruing of their coun∣try. And as Aristotle writeth in his Ethicks Iustice is an externall good, and is pro∣perly to giue to euery man that whiche is his. There are many that can vse them selues well in such matters as touch their owne cōmoditie, but not in things that are to the behoof of others. And therfore Iustice is a most excellent vertue, and the very line and straight path y^t leadeth vs to heauen, & as the Prophet saith, Righteousnes (which is God) loketh cōtinually downe from hea∣uen, for to giue euery man according to his deserts: glory & rewarde to such as do wel, and correction & punishmēt to such as haue done euil. And y^• al men are bound to do Iu∣stice, Elianus proueth by a prety tale in his

story of the Romanes, where hee sheweth that Traian the Emperour, going with a great armie against his enimies, there mee∣teth him a widowe, that with piteous cryes and lamentatiōs, falling downe at his fete, besought him that she might haue Iustice of certain that had slaine her sonne. Traian made her aunswere, that as soone as he re∣turned from his iourney, hee would doe her iustice. And what, saith shee, If you neuer returne, who shall doe mee iustice? That shall, quoth Traian, my successor. The wid∣dowe answered, What is that to thee if thy successor doe wel: when thou art to receiue the rewarde of thine owne doings, and are bounde to doe me iustice: thy successor shal∣be bounde to doe Iustice to such as suffer wrong in his time, neither shall the iustice of an other man bee an excuse for thee. The Emperor being touched with these words,* 1.3 alighted from his horse, & departed not frō thence, till hee had thorowly satisfied the poore woman. For the continuall remem∣brance of which his worthy deed, the people set vp his image in brasse in the middest of Rome, because he shewed the true and per∣fect Iustice, that was elected by God.

25.

Howe worthie was the famous act of Lentus noble knight, Who all affection set aside, and loue forgotten quight, Contented was (though guiltlesse he) of anie trespasse donne, The cruel torturs of the lawe to suffer with his sonne?

The Marques.

LEntus, as Valerius in his sixth booke declareth, was a Senatour of Rome, by whom the citie was strengthened with good and profitable lawes. Amongst a num∣ber of others, he made a law, that whosoeuer was taken in adultrie, should lose his eyes. It happened that a sonne of his was taken for the same offence. Vpon whom when the father obseruing the lawes that hee had made, would without qualifying or dischar∣ging of any point, presently haue executed the punishmēt: the whole citie being moued with compassion towardes the yong man, did earnestly sue for his pardon, with whose importunate and instant requests, the father

being ouercome, graunted. Yet because the offence should not remaine vnpunished, he first caused one of his owne eies to be pluc∣ked out, and after one of his sonnes: which both is and ought to be a great example to all such as beare the sworde of Iustice.

26.

Frondinus to the ende he would preserue the lawe he made, Without delay did cast himselfe, vpon the piercing blade. And therefore ought we to enforce our selues to liue vpright. If that we will correctours be of others ouersight.

The Marques.

FRondinus was a Citizen of Rome, as Valerius in his sixth booke, and Iohn Galensis in a Breuiate that he made of the foure principall vertues, writeth: Conten∣tions & quarellings arising many times a∣mongs the Citizens of Rome, about the de∣bating of their matters, there was a law made amongest them, that whosoeuer

should come to the Capitol with a weapon, should suffer death. Frondinus forgetting himselfe, comming from the felde with his sworde about him, came into the Capitoll, which when one of the standers by percei∣ued, he blamed him, and tolde him, that he had broken the lawe that hee made. Nay, quoth he, thou shalt see that I will confirme the lawe that I made, and sodainly thrust himselfe thorowe with his owne swoorde, whereas hee might well with some colou∣rable reason haue escaped the punishment.

Notes

• * 1.1

  The duetie of a Iustice.
• * 1.2

  A good exam∣ple.
• * 1.3

  A good Em∣perour.