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saith, Riches are as a strong hold, in the imagination of the rich man. But this is excellently expressed, that it is in imagination, and not always in fact. For certainly great riches, have sold more men, than they have bought out. Seek not proud riches, but such as thou mayest get justly, use soberly, distribute cheerfully, and leave contentedly. Yet have no abstract nor friarly contempt of them. But distinguish, as Cicero saith well of Rabirius Posthumus, In studio rei amplificandae apparebat, non avaritiae praedam, sed instrumentum bonitati quaeri. Harken also to Solomon, and beware of hasty gathering of riches; Qui festinat ad divitias, non erit insons. The poets feign, that when Plutus (which is Riches) is sent from Jupiter, he limps and goes slowly; but when he is sent from Pluto, he runs, and is swift of foot. Meaning that riches gotten by good means, and just labor, pace slowly; but when they come by the death of others (as by the course of inheritance, testaments, and the like), they come tumbling upon a man. But it mought be applied likewise to Pluto, taking him for the devil. For when riches come from the devil (as by fraud and oppression, and unjust means), they come upon speed. The ways to enrich are many, and most of them foul. Parsimony is one of the best, and yet is not innocent; for it withholdeth men from works of liberality and charity. The improvement of the ground, is the most natural obtaining of riches; for it is our great mother's blessing, the earth's; but it is slow. And yet where men of great wealth do stoop to husbandry, it multiplieth riches exceedingly. I knew a nobleman in England, that had the greatest audits of any man in my time; a great grazier, a great sheep-master, a great timber man, a great collier, a great corn-master, a great lead-man, and so of iron, and a number of the like points of husbandry. So as the earth seemed a sea to him, in respect of the perpetual importation. It was truly observed by one, that himself came very hardly, to a little riches, and very easily, to great riches. For when a man's stock is come to that, that he can expect the prime of markets, and overcome those bargains, which for their greatness are few men's money, and be partner in the industries of younger men, he cannot but increase mainly. The gains of ordinary trades and vocations are honest; and furthered by two things chiefly: by diligence, and by a good name, for good and fair dealing. But the gains of bargains, are of a more doubtful nature; when men shall wait upon others' necessity, broke by servants and instruments to draw them on, put off others cunningly, that would be better chapmen, and the like practices, which are crafty and naught. As for the chopping of bargains, when a man buys not to hold but to sell over again, that commonly grindeth double, both upon the seller, and upon the buyer. Sharings do greatly enrich, if the hands be well chosen, that are trusted. Usury is the certainest means of gain, though one of the worst; as that whereby a man doth eat his bread, in sudore vultus alieni; and besides, doth plough upon Sundays. But yet certain though it be, it hath flaws; for that the scriveners and brokers do value unsound men, to serve their own turn. The fortune in being the first, in an invention or in a privilege, doth cause sometimes a wonderful overgrowth in riches; as it was with the first sugar man, in the Canaries. Therefore if a man can play the true logician, to have as well judgment, as invention, he may do great matters; especially if the times be fit. He that resteth upon gains certain, shall hardly grow to great riches; and he that puts all upon adventures, doth oftentimes break and come to poverty: it is good, therefore, to guard adventures with certainties, that may uphold losses. Monopolies, and coemption of wares for re-sale, where they are not restrained, are great means to enrich; especially if the party have intelligence, what things are like to come into request, and so store himself beforehand. Riches gotten by service, though it be of the best rise, yet when they are gotten by flattery, feeding humors, and other servile conditions, they may be placed amongst the worst. As for fishing for testaments and executorships (as Tacitus saith of Seneca, testamenta et orbos tamquam indagine capi), it is yet worse; by how much men submit themselves to meaner persons, than in service. Believe not much, them that seem to despise riches; for they despise them, that despair of them; and none worse, when they come to them. Be not penny-wise; riches have wings, and sometimes they fly away of themselves, sometimes they must be set flying, to bring in more. Men leave their riches, either to their kindred, or to the public; and moderate portions, prosper best in both. A great state left to an heir, is as a lure to all the birds of prey round about, to seize on him, if he be not the better stablished in years and judgment. Likewise glorious gifts and foundations, are like sacrifices without salt; and but the painted sepulchres of alms, which soon will putrefy, and corrupt inwardly. Therefore measure not thine advancements, by quantity, but frame them by measure: and defer not charities till death; for, certainly, if a man weigh it rightly, he that doth so, is rather liberal of another man's, than of his own.
Of Prophecies
I MEAN not to speak of divine prophecies; nor of heathen oracles; nor of natural predictions; but only of prophecies that have been of certain memory, and from hidden causes. Saith the Pythonissa to Saul, To-morrow thou and thy son shall be with me. Homer hath these verses:
At domus AEneae cunctis dominabitur oris, Et nati natorum, et qui nascentur ab illis.
A prophecy, as it seems, of the Roman empire. Seneca the tragedian hath these verses:
—Venient annis Saecula seris, quibus Oceanus Vincula rerum laxet, et ingens Pateat Tellus, Tiphysque novos Detegat orbes; nec sit terris Ultima Thule:
a prophecy of the discovery of America. The daughter of Polycrates, dreamed that Jupiter bathed her father, and Apollo anointed him; and it came to pass, that he was crucified in an open place, where the sun made his body run with sweat, and the rain washed it. Philip of Macedon dreamed, he sealed up bis wife's belly; whereby he did expound it, that his wife should be barren; but Aristander the soothsayer, told him his wife was with child, because men do not use to seal vessels, that are empty. A phantasm that appeared to M. Brutus, in his tent, said to him, Philippis iterum me videbis. Tiberius said to Galba, Tu quoque, Galba, degustabis imperium. In Vespasian's time, there went a prophecy in the East, that those that should come forth of Judea, should reign over the world: which though it may be was meant of our Savior; yet Tacitus expounds it of Vespasian. Domitian dreamed, the night before he was slain, that a golden head was growing, out of the nape of his neck: and indeed, the succession that followed him for many years, made golden times. Henry the Sixth of England, said of Henry the Seventh, when he was a lad, and gave him water, This is the lad that shall enjoy the crown, for which we strive. When I was in France, I heard from one Dr. Pena, that the Queen Mother, who was given to curious arts, caused the King her husband's nativity to be calculated, under a false name; and the astrologer gave a judgment, that he should be killed in a duel; at which the Queen laughed, thinking her husband to be above challenges and duels: but he was slain upon a course at tilt, the splinters of the staff of Montgomery going in at his beaver. The trivial prophecy, which I heard when I was a child, and Queen Elizabeth was in the flower of her years, was,
When hempe is spun
England's done:
whereby it was generally conceived, that after the princes had reigned, which had the principal letters of that word hempe (which were Henry, Edward, Mary, Philip, and Elizabeth), England should come to utter confusion; which, thanks be to God, is verified only in the change of the name; for that the King's style, is now no more of England but of Britain. There was also another prophecy, before the year of '88, which I do not well understand.
There shall be seen upon a day, Between the Baugh and the May, The black fleet of Norway. When that that is come and gone, England build houses of lime and stone, For after wars shall you have none.
It was generally conceived to be meant, of the Spanish fleet that came in '88: for that the king of Spain's surname, as they say, is Norway. The prediction of Regiomontanus,
Octogesimus octavus mirabilis annus,
was thought likewise accomplished in the sending of that great fleet, being the greatest in strength, though not in number, of all that ever swam upon the sea. As for Cleon's dream, I think it was a jest. It was, that he was devoured of a long dragon; and it was expounded of a maker of sausages, that troubled him exceedingly. There are numbers of the like kind; especially if you include dreams, and predictions of astrology. But I have set down these few only, of certain credit, for example. My judgment is, that they ought all to be despised; and ought to serve but for winter talk by the fireside. Though when I say despised, I mean it as for belief; for otherwise, the spreading, or publishing, of them, is in no sort to be despised. For they have done much mischief; and I see many severe laws made, to suppress them. That that hath given them grace, and some credit, consisteth in three things. First, that men mark when they hit, and never mark when they miss; as they do generally also of dreams. The second is, that probable conjectures, or obscure traditions, many times turn themselves into prophecies; while the nature of man, which coveteth divination, thinks it no peril to foretell that which indeed they do but collect. As that of Seneca's verse. For so much was then subject to demonstration, that the globe of the earth had great parts beyond the Atlantic, which mought be probably conceived not to be all sea: and adding thereto the tradition in Plato's Timaeus, and his Atlanticus, it mought encourage one to turn it to a prediction. The third and last (which is the great one) is, that almost all of them, being infinite in number, have been impostures, and by idle and crafty brains merely contrived and feigned, after the event past.
Of Ambition
AMBITION is like choler; which is an humor that maketh men active, earnest, full of alacrity, and stirring, if it be not stopped. But if it be stopped, and cannot have his way, it becometh adust, and thereby malign and venomous. So ambitious men, if they find the way open for their rising, and still get forward, they are rather busy than dangerous; but if they be checked in their desires, they become secretly discontent, and look upon men and matters with an evil eye, and are best pleased, when things go backward; which is the worst property in a servant of a prince, or state. Therefore it is good for princes, if they use ambitious men, to handle it, so as they be still progressive and not retrograde; which, because it cannot be without inconvenience, it is good not to use such natures at all. For if they rise not with their service, they will take order, to make their service fall with them. But since we have said, it were good not to use men of ambitious natures, except it be upon necessity, it is fit we speak, in what cases they are of necessity. Good commanders in the wars must be taken, be they never so ambitious; for the use of their service, dispenseth with the rest; and to take a soldier without ambition, is to pull off his spurs. There is also great use of ambitious men, in being screens to princes in matters of danger and envy; for no man will take that part, except he be like a seeled dove, that mounts and mounts, because he cannot see about him. There is use also of ambitious men, in pulling down the greatness of any subject that overtops; as Tiberius used Marco, in the pulling down of Sejanus. Since, therefore, they must be used in such cases, there resteth to speak, how they are to be bridled, that they may be less dangerous. There is less danger of them, if they be of mean birth, than if they be noble; and if they be rather harsh of nature, than gracious and popular: and if they be rather new raised, than grown cunning, and fortified, in their greatness. It is counted by some, a weakness in princes, to have favorites; but it is, of all others, the best remedy against ambitious great-ones. For when the way of pleasuring, and displeasuring, lieth by the favorite, it is impossible any other should be overgreat. Another means to curb them, is to balance them by others, as proud as they. But then there must be some middle counsellors, to keep things steady; for without that ballast, the ship will roll too much. At the least, a prince may animate and inure some meaner persons, to be as it were scourges, to ambitions men. As for the having of them obnoxious to ruin; if they be of fearful natures, it may do well; but if they be stout and daring, it may precipitate their designs, and prove dangerous. As for the pulling of them down, if the affairs require it, and that it may not be done with safety suddenly, the only way is the interchange, continually, of favors and disgraces; whereby they may not know what to expect, and be, as it were, in a wood. Of ambitions, it is less harmful, the ambition to prevail in great things, than that other, to appear in every thing; for that breeds confusion, and mars business. But yet it is less danger, to have an ambitious man stirring in business, than great in dependences. He that seeketh to be eminent amongst able men, hath a great task; but that is ever good for the public. But he, that plots to be the only figure amongst ciphers, is the decay of a whole age. Honor hath three things in it: the vantage ground to do good; the approach to kings and principal persons; and the raising of a man's own fortunes. He that hath the best of these intentions, when he aspireth, is an honest man; and that prince, that can discern of these intentions in another that aspireth, is a wise prince. Generally, let princes and states choose such ministers, as are more sensible of duty than of using; and such as love business rather upon conscience, than upon bravery, and let them discern a busy nature, from a willing mind.
Of Masques And Triumphs
THESE things are but toys, to come amongst such serious observations. But yet, since princes will have such things, it is better they should be graced with elegancy, than daubed with cost. Dancing to song, is a thing of great state and pleasure. I understand it, that the song be in quire, placed aloft, and accompanied with some broken music; and the ditty fitted to the device. Acting in song, especially in dialogues, hath an extreme good grace; I say acting, not dancing (for that is a mean and vulgar thing); and the voices of the dialogue would be strong and manly (a base and a tenor; no treble); and the ditty high and tragical; not nice or dainty. Several quires, placed one over against another, and taking the voice by catches, anthem-wise, give great pleasure. Turning dances into figure, is a childish curiosity. And generally let it be noted, that those things which I here set down, are such as do naturally take the sense, and not respect petty wonderments. It is true, the alterations of scenes, so it be quietly and without noise, are things of great beauty and pleasure; for they feed and relieve the eye, before it be full of the same object. Let the scenes abound with light, specially colored and varied; and let the masquers, or any other, that are to come down from the scene, have some motions upon the scene itself, before their coming down; for it draws the eye strangely, and makes it, with great pleasure, to desire to see, that it cannot perfectly discern. Let the songs be loud and cheerful, and not chirpings or pulings. Let the music likewise be sharp and loud, and well placed. The colors that show best by candle-light are white, carnation, and a kind of sea-water-green; and oes, or spangs, as they are of no great cost, so they are of most glory. As for rich embroidery, it is lost and not discerned. Let the suits of the masquers be graceful, and such as become the person, when the vizors are off; not after examples of known attires; Turke, soldiers, mariners', and the like. Let anti-masques not be long; they have been commonly of fools, satyrs, baboons, wild-men, antics, beasts, sprites, witches, Ethiops, pigmies, turquets, nymphs, rustics, Cupids, statuas moving, and the like. As for angels, it is not comical enough, to put them in anti-masques; and anything that is hideous, as devils, giants, is on the other side as unfit. But chiefly, let the music of them be recreative, and with some strange changes. Some sweet odors suddenly coming forth, without any drops falling, are, in such a company as there is steam and heat, things of great pleasure and refreshment. Double masques, one of men, another of ladies, addeth state and variety. But all is nothing except the room be kept clear and neat.
For justs, and tourneys, and barriers; the glories of them are chiefly in the chariots, wherein the challengers make their entry; especially if they be drawn with strange beasts: as lions, bears, camels, and the like; or in the devices of their entrance; or in the bravery of their liveries; or in the goodly furniture of their horses and armor. But enough of these toys.
Of Nature In Men
NATURE is often hidden; sometimes overcome; seldom extinguished. Force, maketh nature more violent in the return; doctrine and discourse, maketh nature less importune; but custom only doth alter and subdue nature. He that seeketh victory over his nature, let him not set himself too great, nor too small tasks; for the first will make him dejected by often failings; and the second will make him a small proceeder, though by often prevailings. And at the first let him practise with helps, as swimmers do with bladders or rushes; but after a time let him practise with disadvantages, as dancers do with thick shoes. For it breeds great perfection, if the practice be harder than the use. Where nature is mighty, and therefore the victory hard, the degrees had need be, first to stay and arrest nature in time; like to him that would say over the four and twenty letters when he was angry; then to go less in quantity; as if one should, in forbearing wine, come from drinking healths, to a draught at a meal; and lastly, to discontinue altogether. But if a man have the fortitude, and resolution, to enfranchise himself at once, that is the best:
Optimus ille animi vindex laedentia pectus Vincula qui rupit, dedoluitque semel.
Neither is the ancient rule amiss, to bend nature, as a wand, to a contrary extreme, whereby to set it right, understanding it, where the contrary extreme is no vice. Let not a man force a habit upon himself, with a perpetual continuance, but with some intermission. For both the pause reinforceth the new onset; and if a man that is not perfect, be ever in practice, he shall as well practise his errors, as his abilities, and induce one habit of both; and there is no means to help this, but by seasonable intermissions. But let not a man trust his victory over his nature, too far; for nature will lay buried a great time, and yet revive, upon the occasion or temptation. Like as it was with AEsop's damsel, turned from a cat to a woman, who sat very demutely at the board's end, till a mouse ran before her. Therefore, let a man either avoid the occasion altogether; or put himself often to it, that he may be little moved with it. A man's nature is best perceived in privateness, for there is no affectation; in passion, for that putteth a man out of his precepts; and in a new case or experiment, for there custom leaveth him. They are happy men, whose natures sort with their vocations; otherwise they may say, multum incola fuit anima mea; when they converse in those things, they do not affect. In studies, whatsoever a man commandeth upon himself, let him set hours for it; but whatsoever is agreeable to his nature, let him take no care for any set times; for his thoughts will fly to it, of themselves; so as the spaces of other business, or studies, will suffice. A man's nature, runs either to herbs or weeds; therefore let him seasonably water the one, and destroy the other.
Of Custom And Education
MEN'S thoughts, are much according to their inclination; their discourse and speeches, according to their learning and infused opinions; but their deeds, are after as they have been accustomed. And therefore, as Machiavel well noteth (though in an evil-favored instance), there is no trusting to the force of nature, nor to the bravery of words, except it be corroborate by custom. His instance is, that for the achieving of a desperate conspiracy, a man should not rest upon the fierceness of any man's nature, or his resolute undertakings; but take such an one, as hath had his hands formerly in blood. But Machiavel knew not of a Friar Clement, nor a Ravillac, nor a Jaureguy, nor a Baltazar Gerard; yet his rule holdeth still, that nature, nor the engagement of words, are not so forcible, as custom. Only superstition is now so well advanced, that men of the first blood, are as firm as butchers by occupation; and votary resolution, is made equipollent to custom, even in matter of blood. In other things, the predominancy of custom is everywhere visible; insomuch as a man would wonder, to hear men profess, protest, engage, give great words, and then do, just as they have done before; as if they were dead images, and engines moved only by the wheels of custom. We see also the reign or tyranny of custom, what it is. The Indians (I mean the sect of their wise men) lay themselves quietly upon a stock of wood, and so sacrifice themselves by fire. Nay, the wives strive to be burned, with the corpses of their husbands. The lads of Sparta, of ancient time, were wont to be scourged upon the altar of Diana, without so much as queching. I remember, in the beginning of Queen Elizabeth's time of England, an Irish rebel condemned, put up a petition to the deputy, that he might be hanged in a withe, and not in an halter; because it had been so used, with former rebels. There be monks in Russia, for penance, that will sit a whole night in a vessel of water, till they be engaged with hard ice. Many examples may be put of the force of custom, both upon mind and body. Therefore, since custom is the principal magistrate of man's life, let men by all means endeavor, to obtain good customs. Certainly custom is most perfect, when it beginneth in young years: this we call education; which is, in effect, but an early custom. So we see, in languages, the tongue is more pliant to all expressions and sounds, the joints are more supple, to all feats of activity and motions, in youth than afterwards. For it is true, that late learners cannot so well take the ply; except it be in some minds, that have not suffered themselves to fix, but have kept themselves open, and prepared to receive continual amendment, which is exceeding rare. But if the force of custom simple and separate, be great, the force of custom copulate and conjoined and collegiate, is far greater. For there example teacheth, company comforteth, emulation quickeneth, glory raiseth: so as in such places the force of custom is in his exaltation. Certainly the great multiplication of virtues upon human nature, resteth upon societies well ordained and disciplined. For commonwealths, and good governments, do nourish virtue grown but do not much mend the deeds. But the misery is, that the most effectual means, are now applied to the ends, least to be desired.
Of Fortune
IT CANNOT be denied, but outward accidents conduce much to fortune; favor, opportunity, death of others, occasion fitting virtue. But chiefly, the mould of a man's fortune is in his own hands. Faber quisque fortunae suae, saith the poet. And the most frequent of external causes is, that the folly of one man, is the fortune of another. For no man prospers so suddenly, as by others' errors. Serpens nisi serpentem comederit non fit draco. Overt and apparent virtues, bring forth praise; but there be secret and hidden virtues, that bring forth fortune; certain deliveries of a man's self, which have no name. The Spanish name, desemboltura, partly expresseth them; when there be not stonds nor restiveness in a man's nature; but that the wheels of his mind, keep way with the wheels of his fortune. For so Livy (after he had described Cato Major in these words, In illo viro tantum robur corporis et animi fuit, ut quocunque loco natus esset, fortunam sibi facturus videretur) falleth upon that, that he had versatile ingenium. Therefore if a man look sharply and attentively, he shall see Fortune: for though she be blind, yet she is not invisible. The way of fortune, is like the Milken Way in the sky; which is a meeting or knot of a number of small stars; not seen asunder, but giving light together. So are there a number of little, and scarce discerned virtues, or rather faculties and customs, that make men fortunate. The Italians note some of them, such as a man would little think. When they speak of one that cannot do amiss, they will throw in, into his other conditions, that he hath Poco di matto. And certainly there be not two more fortunate properties, than to have a little of the fool, and not too much of the honest. Therefore extreme lovers of their country or masters, were never fortunate, neither can they be. For when a man placeth his thoughts without himself, he goeth not his own way. An hasty fortune maketh an enterpriser and remover (the French hath it better, entreprenant, or remuant); but the exercised fortune maketh the able man. Fortune is to be honored and respected, and it be but for her daughters, Confidence and Reputation. For those two, Felicity breedeth; the first within a man's self, the latter in others towards him. All wise men, to decline the envy of their own virtues, use to ascribe them to Providence and Fortune; for so they may the better assume them: and, besides, it is greatness in a man, to be the care of the higher powers. So Caesar said to the pilot in the tempest, Caesarem portas, et fortunam ejus. So Sylla chose the name of Felix, and not of Magnus. And it hath been noted, that those who ascribe openly too much to their own wisdom and policy, end infortunate. It is written that Timotheus the Athenian, after he had, in the account he gave to the state of his government, often interlaced this speech, and in this, Fortune had no part, never prospered in anything, he undertook afterwards. Certainly there be, whose fortunes are like Homer's verses, that have a slide and easiness more than the verses of other poets; as Plutarch saith of Timoleon's fortune, in respect of that of Agesilaus or Epaminondas. And that this shoulld be, no doubt it is much, in a man's self.
Of Usury
MANY have made witty invectives against usury. They say that it is a pity, the devil should have God's part, which is the tithe. That the usurer is the greatest Sabbath-breaker, because his plough goeth every Sunday. That the usurer is the drone, that Virgil speaketh of;
Ignavum fucos pecus a praesepibus arcent.
That the usurer breaketh the first law, that was made for mankind after the fall, which was, in sudore vultus tui comedes panem tuum; not, in sudore vultus alieni. That usurers should have orange-tawny bonnets, because they do judaize. That it is against nature for money to beget money; and the like. I say this only, that usury is a concessum propter duritiem cordis; for since there must be borrowing and lending, and men are so hard of heart, as they will not lend freely, usury must be permitted. Some others, have made suspicious and cunning propositions of banks, discovery of men's estates, and other inventions. But few have spoken of usury usefully. It is good to set before us, the incommodities and commodities of usury, that the good, may be either weighed out or culled out; and warily to provide, that while we make forth to that which is better, we meet not with that which is worse.
The discommodities of usury are, First, that it makes fewer merchants. For were it not for this lazy trade of usury, money would not he still, but would in great part be employed upon merchandizing; which is the vena porta of wealth in a state. The second, that it makes poor merchants. For, as a farmer cannot husband his ground so well, if he sit at a great rent; so the merchant cannot drive his trade so well, if he sit at great usury. The third is incident to the other two; and that is the decay of customs of kings or states, which ebb or flow, with merchandizing. The fourth, that it bringeth the treasure of a realm, or state, into a few hands. For the usurer being at certainties, and others at uncertainties, at the end of the game, most of the money will be in the box; and ever a state flourisheth, when wealth is more equally spread. The fifth, that it beats down the price of land; for the employment of money, is chiefly either merchandizing or purchasing; and usury waylays both. The sixth, that it doth dull and damp all industries, improvements, and new inventions, wherein money would be stirring, if it were not for this slug. The last, that it is the canker and ruin of many men's estates; which, in process of time, breeds a public poverty.
On the other side, the commodities of usury are, first, that howsoever usury in some respect hindereth merchandizing, yet in some other it advanceth it; for it is certain that the greatest part of trade is driven by young merchants, upon borrowing at interest; so as if the usurer either call in, or keep back, his money, there will ensue, presently, a great stand of trade. The second is, that were it not for this easy borrowing upon interest, men's necessities would draw upon them a most sudden undoing; in that they would be forced to sell their means (be it lands or goods) far under foot; and so, whereas usury doth but gnaw upon them, bad markets would swallow them quite up. As for mortgaging or pawning, it will little mend the matter: for either men will not take pawns without use; or if they do, they will look precisely for the forfeiture. I remember a cruel moneyed man in the country, that would say, The devil take this usury, it keeps us from forfeitures, of mortgages and bonds. The third and last is, that it is a vanity to conceive, that there would be ordinary borrowing without profit; and it is impossible to conceive, the number of inconveniences that will ensue, if borrowing be cramped. Therefore to speak of the abolishing of usury is idle. All states have ever had it, in one kind or rate, or other. So as that opinion must be sent to Utopia.
To speak now of the reformation, and reiglement, of usury; how the discommodities of it may be best avoided, and the commodities retained. It appears, by the balance of commodities and discommodities of usury, two things are to be reconciled. The one, that the tooth of usury be grinded, that it bite not too much; the other, that there be left open a means, to invite moneyed men to lend to the merchants, for the continuing and quickening of trade. This cannot be done, except you introduce two several sorts of usury, a less and a greater. For if you reduce usury to one low rate, it will ease the common borrower, but the merchant will be to seek for money. And it is to be noted, that the trade of merchandize, being the most lucrative, may bear usury at a good rate; other contracts not so.
To serve both intentions, the way would be briefly thus. That there be two rates of usury: the one free, and general for all; the other under license only, to certain persons, and in certain places of merchandizing. First, therefore, let usury in general, be reduced to five in the hundred; and let that rate be proclaimed, to be free and current; and let the state shut itself out, to take any penalty for the same. This will preserve borrowing, from any general stop or dryness. This will ease infinite borrowers in the country. This will, in good part, raise the price of land, because land purchased at sixteen years' purchase will yield six in the hundred, and somewhat more; whereas this rate of interest, yields but five. This by like reason will encourage, and edge, industrious and profitable improvements; because many will rather venture in that kind, than take five in the hundred, especially having been used to greater profit. Secondly, let there be certain persons licensed, to lend to known merchants, upon usury at a higher rate; and let it be with the cautions following. Let the rate be, even with the merchant himself, somewhat more easy than that he used formerly to pay; for by that means, all borrowers, shall have some ease by this reformation, be he merchant, or whosoever. Let it be no bank or common stock, but every man be master of his own money. Not that I altogether mislike banks, but they will hardly be brooked, in regard of certain suspicions. Let the state be answered some small matter for the license, and the rest left to the lender; for if the abatement be but small, it will no whit discourage the lender. For he, for example, that took before ten or nine in the hundred, will sooner descend to eight in the hundred than give over his trade of usury, and go from certain gains, to gains of hazard. Let these licensed lenders be in number indefinite, but restrained to certain principal cities and towns of merchandizing; for then they will be hardly able to color other men's moneys in the country: so as the license of nine will not suck away the current rate of five; for no man will send his moneys far off, nor put them into unknown hands.
If it be objected that this doth in a sort authorize usury, which before, was in some places but permissive; the answer is, that it is better to mitigate usury, by declaration, than to suffer it to rage, by connivance.
Of Youth And Age
A MAN that is young in years, may be old in hours, if he have lost no time. But that happeneth rarely. Generally, youth is like the first cogitations, not so wise as the second. For there is a youth in thoughts, as well as in ages. And yet the invention of young men, is more lively than that of old; and imaginations stream into their minds better, and, as it were, more divinely. Natures that have much heat, and great and violent desires and perturbations, are not ripe for action, till they have passed the meridian of their years; as it was with Julius Caesar and Septimius Severus. Of the latter, of whom it is said, Juventutem egit erroribus, imo furoribus, plenam. And yet he was the ablest emperor, almost, of all the list. But reposed natures may do well in youth. As it is seen in Augustus Caesar, Cosmus Duke of Florence, Gaston de Foix, and others. On the other side, heat and vivacity in age, is an excellent composition for business. Young men are fitter to invent, than to judge; fitter for execution, than for counsel; and fitter for new projects, than for settled business. For the experience of age, in things that fall within the compass of it, directeth them; but in new things, abuseth them.
The errors of young men, are the ruin of business; but the errors of aged men, amount but to this, that more might have been done, or sooner. Young men, in the conduct and manage of actions, embrace more than they can hold; stir more than they can quiet; fly to the end, without consideration of the means and degrees; pursue some few principles, which they have chanced upon absurdly; care not to innovate, which draws unknown inconveniences; use extreme remedies at first; and, that which doubleth all errors, will not acknowledge or retract them; like an unready horse, that will neither stop nor turn. Men of age object too much, consult too long, adventure too little, repent too soon, and seldom drive business home to the full period, but content themselves with a mediocrity of success. Certainly it is good to compound employments of both; for that will be good for the present, because the virtues of either age, may correct the defects of both; and good for succession, that young men may be learners, while men in age are actors; and, lastly, good for extern accidents, because authority followeth old men, and favor and popularity, youth. But for the moral part, perhaps youth will have the pre-eminence, as age hath for the politic. A certain rabbin, upon the text, Your young men shall see visions, and your old men shall dream dreams, inferreth that young men, are admitted nearer to God than old, because vision, is a clearer revelation, than a dream. And certainly, the more a man drinketh of the world, the more it intoxicateth; and age doth profit rather in the powers of understanding, than in the virtues of the will and affections. There be some, have an over-early ripeness in their years, which fadeth betimes. These are, first, such as have brittle wits, the edge whereof is soon turned; such as was Hermogenes the rhetorician, whose books are exceeding subtle; who afterwards waxed stupid. A second sort, is of those that have some natural dispositions which have better grace in youth, than in age; such as is a fluent and luxuriant speech; which becomes youth well, but not age: so Tully saith of Hortensius, Idem manebat, neque idem decebat. The third is of such, as take too high a strain at the first, and are magnanimous, more than tract of years can uphold. As was Scipio Africanus, of whom Livy saith in effect, Ultima primis cedebant.
Of Beauty
VIRTUE is like a rich stone, best plain set; and surely virtue is best, in a body that is comely, though not of delicate features; and that hath rather dignity of presence, than beauty of aspect. Neither is it almost seen, that very beautiful persons are otherwise of great virtue; as if nature were rather busy, not to err, than in labor to produce excellency. And therefore they prove accomplished, but not of great spirit; and study rather behavior, than virtue. But this holds not always: for Augustus Caesar, Titus Vespasianus, Philip le Belle of France, Edward the Fourth of England, Alcibiades of Athens, Ismael the Sophy of Persia, were all high and great spirits; and yet the most beautiful men of their times. In beauty, that of favor, is more than that of color; and that of decent and gracious motion, more than that of favor. That is the best part of beauty, which a picture cannot express; no, nor the first sight of the life. There is no excellent beauty, that hath not some strangeness in the proportion. A man cannot tell whether Apelles, or Albert Durer, were the more trifler; whereof the one, would make a personage by geometrical proportions; the other, by taking the best parts out of divers faces, to make one excellent. Such personages, I think, would please nobody, but the painter that made them. Not but I think a painter may make a better face than ever was; but he must do it by a kind of felicity (as a musician that maketh an excellent air in music), and not by rule. A man shall see faces, that if you examine them part by part, you shall find never a good; and yet altogether do well. If it be true that the principal part of beauty is in decent motion, certainly it is no marvel, though persons in years seem many times more amiable; pulchrorum autumnus pulcher; for no youth can be comely but by pardon, and considering the youth, as to make up the comeliness. Beauty is as summer fruits, which are easy to corrupt, and cannot last; and for the most part it makes a dissolute youth, and an age a little out of countenance; but yet certainly again, if it light well, it maketh virtue shine, and vices blush.
Of Deformity
DEFORMED persons are commonly even with nature; for as nature hath done ill by them, so do they by nature; being for the most part (as the Scripture saith) void of natural affection; and so they have their revenge of nature. Certainly there is a consent, between the body and the mind; and where nature erreth in the one, she ventureth in the other. Ubi peccat in uno, periclitatur in altero. But because there is, in man, an election touching the frame of his mind, and a necessity in the frame of his body, the stars of natural inclination are sometimes obscured, by the sun of discipline and virtue. Therefore it is good to consider of deformity, not as a sign, which is more deceivable; but as a cause, which seldom faileth of the effect. Whosoever hath anything fixed in his person, that doth induce contempt, hath also a perpetual spur in himself, to rescue and deliver himself from scorn. Therefore all deformed persons, are extreme bold. First, as in their own defence, as being exposed to scorn; but in process of time, by a general habit. Also it stirreth in them industry, and especially of this kind, to watch and observe the weakness of others, that they may have somewhat to repay. Again, in their superiors, it quencheth jealousy towards them, as persons that they think they may, at pleasure, despise: and it layeth their competitors and emulators asleep; as never believing they should be in possibility of advancement, till they see them in possession. So that upon the matter, in a great wit, deformity is an advantage to rising. Kings in ancient times (and at this present in some countries) were wont to put great trust in eunuchs; because they that are envious towards all are more obnoxious and officious, towards one. But yet their trust towards them, hath rather been as to good spials, and good whisperers, than good magistrates and officers. And much like is the reason of deformed persons. Still the ground is, they will, if they be of spirit, seek to free themselves from scorn; which must be either by virtue or malice; and therefore let it not be marvelled, if sometimes they prove excellent persons; as was Agesilaus, Zanger the son of Solyman, AEsop, Gasca, President of Peru; and Socrates may go likewise amongst them; with others.
Of Building
HOUSES are built to live in, and not to look on; therefore let use be preferred before uniformity, except where both may be had. Leave the goodly fabrics of houses, for beauty only, to the enchanted palaces of the poets; who build them with small cost. He that builds a fair house, upon an ill seat, committeth himself to prison. Neither do I reckon it an ill seat, only where the air is unwholesome; but likewise where the air is unequal; as you shall see many fine seats set upon a knap of ground, environed with higher hills round about it; whereby the heat of the sun is pent in, and the wind gathereth as in troughs; so as you shall have, and that suddenly, as great diversity of heat and cold as if you dwelt in several places. Neither is it ill air only that maketh an ill seat, but ill ways, ill markets; and, if you will consult with Momus, ill neighbors. I speak not of many more; want of water; want of wood, shade, and shelter; want of fruitfulness, and mixture of grounds of several natures; want of prospect; want of level grounds; want of places at some near distance for sports of hunting, hawking, and races; too near the sea, too remote; having the commodity of navigable rivers, or the discommodity of their overflowing; too far off from great cities, which may hinder business, or too near them, which lurcheth all provisions, and maketh everything dear; where a man hath a great living laid together, and where he is scanted: all which, as it is impossible perhaps to find together, so it is good to know them, and think of them, that a man may take as many as he can; and if he have several dwellings, that he sort them so that what he wanteth in the one, he may find in the other. Lucullus answered Pompey well; who, when he saw his stately galleries, and rooms so large and lightsome, in one of his houses, said, Surely an excellent place for summer, but how do you in winter? Lucullus answered, Why, do you not think me as wise as some fowl are, that ever change their abode towards the winter?
To pass from the seat, to the house itself; we will do as Cicero doth in the orator's art; who writes books De Oratore, and a book he entitles Orator; whereof the former, delivers the precepts of the art, and the latter, the perfection. We will therefore describe a princely palace, making a brief model thereof. For it is strange to see, now in Europe, such huge buildings as the Vatican and Escurial and some others be, and yet scarce a very fair room in them.
First, therefore, I say you cannot have a perfect palace except you have two several sides; a side for the banquet, as it is spoken of in the book of Hester, and a side for the household; the one for feasts and triumphs, and the other for dwelling. I understand both these sides to be not only returns, but parts of the front; and to be uniform without, though severally partitioned within; and to be on both sides of a great and stately tower, in the midst of the front, that, as it were, joineth them together on either hand. I would have on the side of the banquet, in front, one only goodly room above stairs, of some forty foot high; and under it a room for a dressing, or preparing place, at times of triumphs. On the other side, which is the household side, I wish it divided at the first, into a hall and a chapel (with a partition between); both of good state and bigness; and those not to go all the length, but to have at the further end, a winter and a summer parlor, both fair. And under these rooms, a fair and large cellar, sunk under ground; and likewise some privy kitchens, with butteries and pantries, and the like. As for the tower, I would have it two stories, of eighteen foot high apiece, above the two wings; and a goodly leads upon the top, railed with statuas interposed; and the same tower to be divided into rooms, as shall be thought fit. The stairs likewise to the upper rooms, let them be upon a fair open newel, and finely railed in, with images of wood, cast into a brass color; and a very fair landing-place at the top. But this to be, if you do not point any of the lower rooms, for a dining place of servants. For otherwise, you shall have the servants' dinner after your own: for the steam of it, will come up as in a tunnel. And so much for the front. Only I understand the height of the first stairs to be sixteen foot, which is the height of the lower room.
Beyond this front, is there to be a fair court, but three sides of it, of a far lower building than the front. And in all the four corners of that court, fair staircases, cast into turrets, on the outside, and not within the row of buildings themselves. But those towers, are not to be of the height of the front, but rather proportionable to the lower building. Let the court not be paved, for that striketh up a great heat in summer, and much cold in winter. But only some side alleys, with a cross, and the quarters to graze, being kept shorn, but not too near shorn. The row of return on the banquet side, let it be all stately galleries: in which galleries let there be three, or five, fine cupolas in the length of it, placed at equal distance; and fine colored windows of several works. On the household side, chambers of presence and ordinary entertainments, with some bed-chambers; and let all three sides be a double house, without thorough lights on the sides, that you may have rooms from the sun, both for forenoon and afternoon. Cast it also, that you may have rooms, both for summer and winter; shady for summer, and warm for winter. You shall have sometimes fair houses so full of glass, that one cannot tell where to become, to be out of the sun or cold. For inbowed windows, I hold them of good use (in cities, indeed, upright do better, in respect of the uniformity towards the street); for they be pretty retiring places for conference; and besides, they keep both the wind and sun off; for that which would strike almost through the room, doth scarce pass the window. But let them be but few, four in the court, on the sides only.
Beyond this court, let there be an inward court, of the same square and height; which is to be environed with the garden on all sides; and in the inside, cloistered on all sides, upon decent and beautiful arches, as high as the first story. On the under story, towards the garden, let it be turned to a grotto, or a place of shade, or estivation. And only have opening and windows towards the garden; and be level upon the floor, no whit sunken under ground, to avoid all dampishness. And let there be a fountain, or some fair work of statuas, in the midst of this court; and to be paved as the other court was. These buildings to be for privy lodgings on both sides; and the end for privy galleries. Whereof you must foresee that one of them be for an infirmary, if the prince or any special person should be sick, with chambers, bed-chamber, antecamera, and recamera joining to it. This upon the second story. Upon the ground story, a fair gallery, open, upon pillars; and upon the third story likewise, an open gallery, upon pillars, to take the prospect and freshness of the garden. At both corners of the further side, by way of return, let there be two delicate or rich cabinets, daintily paved, richly hanged, glazed with crystalline glass, and a rich cupola in the midst; and all other elegancy that may be thought upon. In the upper gallery too, I wish that there may be, if the place will yield it, some fountains running in divers places from the wall, with some fine avoidances. And thus much for the model of the palace; save that you must have, before you come to the front, three courts. A green court plain, with a wall about it; a second court of the same, but more garnished, with little turrets, or rather embellishments, upon the wall; and a third court, to make a square with the front, but not to be built, nor yet enclosed with a naked wall, but enclosed with terraces, leaded aloft, and fairly garnished, on the three sides; and cloistered on the inside, with pillars, and not with arches below. As for offices, let them stand at distance, with some low galleries, to pass from them to the palace itself.
Of Gardens
GOD Almighty first planted a garden. And indeed it is the purest of human pleasures. It is the greatest refreshment to the spirits of man; without which, buildings and palaces are but gross handiworks; and a man shall ever see, that when ages grow to civility and elegancy, men come to build stately sooner than to garden finely; as if gardening were the greater perfection. I do hold it, in the royal ordering of gardens, there ought to be gardens, for all the months in the year; in which severally things of beauty may be then in season. For December, and January, and the latter part of November, you must take such things as are green all winter: holly; ivy; bays; juniper; cypress-trees; yew; pine-apple-trees; fir-trees; rosemary; lavender; periwinkle, the white, the purple, and the blue; germander; flags; orangetrees; lemon-trees; and myrtles, if they be stoved; and sweet marjoram, warm set. There followeth, for the latter part of January and February, the mezereon-tree, which then blossoms; crocus vernus, both the yellow and the grey; primroses, anemones; the early tulippa; hyacinthus orientalis; chamairis; fritellaria. For March, there come violets, specially the single blue, which are the earliest; the yellow daffodil; the daisy; the almond-tree in blossom; the peach-tree in blossom; the cornelian-tree in blossom; sweet-briar. In April follow the double white violet; the wallflower; the stock-gilliflower; the cowslip; flowerdelices, and lilies of all natures; rosemary-flowers; the tulippa; the double peony; the pale daffodil; the French honeysuckle; the cherry-tree in blossom; the damson and plum-trees in blossom; the white thorn in leaf; the lilac-tree. In May and June come pinks of all sorts, specially the blushpink; roses of all kinds, except the musk, which comes later; honeysuckles; strawberries; bugloss; columbine; the French marigold, flos Africanus; cherry-tree in fruit; ribes; figs in fruit; rasps; vineflowers; lavender in flowers; the sweet satyrian, with the white flower; herba muscaria; lilium convallium; the apple-tree in blossom. In July come gilliflowers of all varieties; musk-roses; the lime-tree in blossom; early pears and plums in fruit; jennetings, codlins. In August come plums of all sorts in fruit; pears; apricocks; berberries; filberds; musk-melons; monks-hoods, of all colors. In September come grapes; apples; poppies of all colors; peaches; melocotones; nectarines; cornelians; wardens; quinces. In October and the beginning of November come services; medlars; bullaces; roses cut or removed to come late; hollyhocks; and such like. These particulars are for the climate of London; but my meaning is perceived, that you may have ver perpetuum, as the place affords.
And because the breath of flowers is far sweeter in the air (where it comes and goes like the warbling of music) than in the hand, therefore nothing is more fit for that delight, than to know what be the flowers and plants that do best perfume the air. Roses, damask and red, are fast flowers of their smells; so that you may walk by a whole row of them, and find nothing of their sweetness; yea though it be in a morning's dew. Bays likewise yield no smell as they grow. Rosemary little; nor sweet marjoram. That which above all others yields the sweetest smell in the air is the violet, specially the white double violet, which comes twice a year; about the middle of April, and about Bartholomew-tide. Next to that is the musk-rose. Then the strawberry-leaves dying, which yield a most excellent cordial smell. Then the flower of vines; it is a little dust, like the dust of a bent, which grows upon the cluster in the first coming forth. Then sweet-briar. Then wall-flowers, which are very delightful to be set under a parlor or lower chamber window. Then pinks and gilliflowers, especially the matted pink and clove gilliflower. Then the flowers of the lime-tree. Then the honeysuckles, so they be somewhat afar off. Of beanflowers I speak not, because they are field flowers. But those which perfume the air most delightfully, not passed by as the rest, but being trodden upon and crushed, are three; that is, burnet, wildthyme, and watermints. Therefore you are to set whole alleys of them, to have the pleasure when you walk or tread.
For gardens (speaking of those which are indeed princelike, as we have done of buildings), the contents ought not well to be under thirty acres of ground; and to be divided into three parts; a green in the entrance; a heath or desert in the going forth; and the main garden in the midst; besides alleys on both sides. And I like well that four acres of ground be assigned to the green; six to the heath; four and four to either side; and twelve to the main garden. The green hath two pleasures: the one, because nothing is more pleasant to the eye than green grass kept finely shorn; the other, because it will give you a fair alley in the midst, by which you may go in front upon a stately hedge, which is to enclose the garden. But because the alley will be long, and, in great heat of the year or day, you ought not to buy the shade in the garden, by going in the sun through the green, therefore you are, of either side the green, to plant a covert alley upon carpenter's work, about twelve foot in height, by which you may go in shade into the garden. As for the making of knots or figures, with divers colored earths, that they may lie under the windows of the house on that side which the garden stands, they be but toys; you may see as good sights, many times, in tarts. The garden is best to be square, encompassed on all the four sides with a stately arched hedge. The arches to be upon pillars of carpenter's work, of some ten foot high, and six foot broad; and the spaces between of the same dimension with the breadth of the arch. Over the arches let there be an entire hedge of some four foot high, framed also upon carpenter's work; and upon the upper hedge, over every arch, a little turret, with a belly, enough to receive a cage of birds: and over every space between the arches some other little figure, with broad plates of round colored glass gilt, for the sun to play upon. But this hedge I intend to be raised upon a bank, not steep, but gently slope, of some six foot, set all with flowers. Also I understand, that this square of the garden, should not be the whole breadth of the ground, but to leave on either side, ground enough for diversity of side alleys; unto which the two covert alleys of the green, may deliver you. But there must be no alleys with hedges, at either end of this great enclosure; not at the hither end, for letting your prospect upon this fair hedge from the green; nor at the further end, for letting your prospect from the hedge, through the arches upon the heath.
For the ordering of the ground, within the great hedge, I leave it to variety of device; advising nevertheless, that whatsoever form you cast it into, first, it be not too busy, or full of work. Wherein I, for my part, do not like images cut out in juniper or other garden stuff; they be for children. Little low hedges, round, like welts, with some pretty pyramids, I like well; and in some places, fair columns upon frames of carpenter's work. I would also have the alleys, spacious and fair. You may have closer alleys, upon the side grounds, but none in the main garden. I wish also, in the very middle, a fair mount, with three ascents, and alleys, enough for four to walk abreast; which I would have to be perfect circles, without any bulwarks or embossments; and the whole mount to be thirty foot high; and some fine banqueting-house, with some chimneys neatly cast, and without too much glass.
For fountains, they are a great beauty and refreshment; but pools mar all, and make the garden unwholesome, and full of flies and frogs. Fountains I intend to be of two natures: the one that sprinkleth or spouteth water; the other a fair receipt of water, of some thirty or forty foot square, but without fish, or slime, or mud. For the first, the ornaments of images gilt, or of marble, which are in use, do well: but the main matter is so to convey the water, as it never stay, either in the bowls or in the cistern; that the water be never by rest discolored, green or red or the like; or gather any mossiness or putrefaction. Besides that, it is to be cleansed every day by the hand. Also some steps up to it, and some fine pavement about it, doth well. As for the other kind of fountain, which we may call a bathing pool, it may admit much curiosity and beauty; wherewith we will not trouble ourselves: as, that the bottom be finely paved, and with images; the sides likewise; and withal embellished with colored glass, and such things of lustre; encompassed also with fine rails of low statuas. But the main point is the same which we mentioned in the former kind of fountain; which is, that the water be in perpetual motion, fed by a water higher than the pool, and delivered into it by fair spouts, and then discharged away under ground, by some equality of bores, that it stay little. And for fine devices, of arching water without spilling, and making it rise in several forms (of feathers, drinking glasses, canopies, and the like), they be pretty things to look on, but nothing to health and sweetness.
For the heath, which was the third part of our plot, I wish it to be framed, as much as may be, to a natural wildness. Trees I would have none in it, but some thickets made only of sweet-briar and honeysuckle, and some wild vine amongst; and the ground set with violets, strawberries, and primroses. For these are sweet, and prosper in the shade. And these to be in the heath, here and there, not in any order. I like also little heaps, in the nature of mole-hills (such as are in wild heaths), to be set, some with wild thyme; some with pinks; some with germander, that gives a good flower to the eye; some with periwinkle; some with violets; some with strawberries; some with cowslips; some with daisies; some with red roses; some with lilium convallium; some with sweet-williams red; some with bear's-foot: and the like low flowers, being withal sweet and sightly. Part of which heaps, are to be with standards of little bushes pricked upon their top, and part without. The standards to be roses; juniper; holly; berberries (but here and there, because of the smell of their blossoms); red currants; gooseberries; rosemary; bays; sweetbriar; and such like. But these standards to be kept with cutting, that they grow not out of course.
For the side grounds, you are to fill them with variety of alleys, private, to give a full shade, some of them, wheresoever the sun be. You are to frame some of them, likewise, for shelter, that when the wind blows sharp you may walk as in a gallery. And those alleys must be likewise hedged at both ends, to keep out the wind; and these closer alleys must be ever finely gravelled, and no grass, because of going wet. In many of these alleys, likewise, you are to set fruit-trees of all sorts; as well upon the walls, as in ranges. And this would be generally observed, that the borders wherein you plant your fruit-trees, be fair and large, and low, and not steep; and set with fine flowers, but thin and sparingly, lest they deceive the trees. At the end of both the side grounds, I would have a mount of some pretty height, leaving the wall of the enclosure breast high, to look abroad into the fields.
For the main garden, I do not deny, but there should be some fair alleys ranged on both sides, with fruit-trees; and some pretty tufts of fruittrees, and arbors with seats, set in some decent order; but these to be by no means set too thick; but to leave the main garden so as it be not close, but the air open and free. For as for shade, I would have you rest upon the alleys of the side grounds, there to walk, if you be disposed, in the heat of the year or day; but to make account, that the main garden is for the more temperate parts of the year; and in the heat of summer, for the morning and the evening, or overcast days.
For aviaries, I like them not, except they be of that largeness as they may be turfed, and have living plants and bushes set in them; that the birds may have more scope, and natural nesting, and that no foulness appear in the floor of the aviary. So I have made a platform of a princely garden, partly by precept, partly by drawing, not a model, but some general lines of it; and in this I have spared for no cost. But it is nothing for great princes, that for the most part taking advice with workmen, with no less cost set their things together; and sometimes add statuas and such things for state and magnificence, but nothing to the true pleasure of a garden.
Of Negotiating
IT IS generally better to deal by speech than by letter; and by the mediation of a third than by a man's self. Letters are good, when a man would draw an answer by letter back again; or when it may serve for a man's justification afterwards to produce his own letter; or where it may be danger to be interrupted, or heard by pieces. To deal in person is good, when a man's face breedeth regard, as commonly with inferiors; or in tender cases, where a man's eye, upon the countenance of him with whom he speaketh, may give him a direction how far to go; and generally, where a man will reserve to himself liberty, either to disavow or to expound. In choice of instruments, it is better to choose men of a plainer sort, that are like to do that, that is committed to them, and to report back again faithfully the success, than those that are cunning, to contrive, out of other men's business, somewhat to grace themselves, and will help the matter in report for satisfaction's sake. Use also such persons as affect the business, wherein they are employed; for that quickeneth much; and such, as are fit for the matter; as bold men for expostulation, fair-spoken men for persuasion, crafty men for inquiry and observation, froward, and absurd men, for business that doth not well bear out itself. Use also such as have been lucky, and prevailed before, in things wherein you have employed them; for that breeds confidence, and they will strive to maintain their prescription. It is better to sound a person, with whom one deals afar off, than to fall upon the point at first; except you mean to surprise him by some short question. It is better dealing with men in appetite, than with those that are where they would be. If a man deal with another upon conditions, the start or first performance is all; which a man cannot reasonably demand, except either the nature of the thing be such, which must go before; or else a man can persuade the other party, that he shall still need him in some other thing; or else that he be counted the honester man. All practice is to discover, or to work. Men discover themselves in trust, in passion, at unawares, and of necessity, when they would have somewhat done, and cannot find an apt pretext. If you would work any man, you must either know his nature and fashions, and so lead him; or his ends, and so persuade him; or his weakness and disadvantages, and so awe him; or those that have interest in him, and so govern him. In dealing with cunning persons, we must ever consider their ends, to interpret their speeches; and it is good to say little to them, and that which they least look for. In all negotiations of difficulty, a man may not look to sow and reap at once; but must prepare business, and so ripen it by degrees.
Of Followers And Friends
COSTLY followers are not to be liked; lest while a man maketh his train longer, he make his wings shorter. I reckon to be costly, not them alone which charge the purse, but which are wearisome, and importune in suits. Ordinary followers ought to challenge no higher conditions, than countenance, recommendation, and protection from wrongs. Factious followers are worse to be liked, which follow not upon affection to him, with whom they range themselves, but upon discontentment conceived against some other; whereupon commonly ensueth that ill intelligence, that we many times see between great personages. Likewise glorious followers, who make themselves as trumpets of the commendation of those they follow, are full of inconvenience; for they taint business through want of secrecy; and they export honor from a man, and make him a return in envy. There is a kind of followers likewise, which are dangerous, being indeed espials; which inquire the secrets of the house, and bear tales of them, to others. Yet such men, many times, are in great favor; for they are officious, and commonly exchange tales. The following by certain estates of men, answerable to that, which a great person himself professeth (as of soldiers, to him that hath been employed in the wars, and the like), hath ever been a thing civil, and well taken, even in monarchies; so it be without too much pomp or popularity. But the most honorable kind of following, is to be followed as one, that apprehendeth to advance virtue, and desert, in all sorts of persons. And yet, where there is no eminent odds in sufficiency, it is better to take with the more passable, than with the more able. And besides, to speak truth, in base times, active men are of more use than virtuous. It is true that in government, it is good to use men of one rank equally: for to countenance some extraordinarily, is to make them insolent, and the rest discontent; because they may claim a due. But contrariwise, in favor, to use men with much difference and election is good; for it maketh the persons preferred more thankful, and the rest more officious: because all is of favor. It is good discretion, not to make too much of any man at the first; because one cannot hold out that proportion. To be governed (as we call it) by one is not safe; for it shows softness, and gives a freedom, to scandal and disreputation; for those, that would not censure or speak ill of a man immediately, will talk more boldly of those that are so great with them, and thereby wound their honor. Yet to be distracted with many is worse; for it makes men to be of the last impression, and full of change. To take advice of some few friends, is ever honorable; for lookers-on many times see more than gamesters; and the vale best discovereth the hill. There is little friendship in the world, and least of all between equals, which was wont to be magnified. That that is, is between superior and inferior, whose fortunes may comprehend the one the other.
Of Suitors
MANY ill matters and projects are undertaken; and private suits do putrefy the public good. Many good matters, are undertaken with bad minds; I mean not only corrupt minds, but crafty minds, that intend not performance. Some embrace suits, which never mean to deal effectually in them; but if they see there may be life in the matter, by some other mean, they will be content to win a thank, or take a second reward, or at least to make use, in the meantime, of the suitor's hopes. Some take hold of suits, only for an occasion to cross some other; or to make an information, whereof they could not otherwise have apt pretext; without care what become of the suit, when that turn is served; or, generally, to make other men's business a kind of entertainment, to bring in their own. Nay, some undertake suits, with a full purpose to let them fall; to the end to gratify the adverse party, or competitor. Surely there is in some sort a right in every suit; either a right of equity, if it be a suit of controversy; or a right of desert, if it be a suit of petition. If affection lead a man to favor the wrong side in justice, let him rather use his countenance to compound the matter, than to carry it. If affection lead a man to favor the less worthy in desert, let him do it, without depraving or disabling the better deserver. In suits which a man doth not well understand, it is good to refer them to some friend of trust and judgment, that may report, whether he may deal in them with honor: but let him choose well his referendaries, for else he may be led by the nose. Suitors are so distasted with delays and abuses, that plain dealing, in denying to deal in suits at first, and reporting the success barely, and in challenging no more thanks than one hath deserved, is grown not only honorable, but also gracious. In suits of favor, the first coming ought to take little place: so far forth, consideration may be had of his trust, that if intelligence of the matter could not otherwise have been had, but by him, advantage be not taken of the note, but the party left to his other means; and in some sort recompensed, for his discovery. To be ignorant of the value of a suit, is simplicity; as well as to be ignorant of the right thereof, is want of conscience. Secrecy in suits, is a great mean of obtaining; for voicing them to be in forwardness, may discourage some kind of suitors, but doth quicken and awake others. But timing of the suit is the principal. Timing, I say, not only in respect of the person that should grant it, but in respect of those, which are like to cross it. Let a man, in the choice of his mean, rather choose the fittest mean, than the greatest mean; and rather them that deal in certain things, than those that are general. The reparation of a denial, is sometimes equal to the first grant; if a man show himself neither dejected nor discontented. Iniquum petas ut aequum feras is a good rule, where a man hath strength of favor: but otherwise, a man were better rise in his suit; for he, that would have ventured at first to have lost the suitor, will not in the conclusion lose both the suitor, and his own former favor. Nothing is thought so easy a request to a great person, as his letter; and yet, if it be not in a good cause, it is so much out of his reputation. There are no worse instruments, than these general contrivers of suits; for they are but a kind of poison, and infection, to public proceedings.
Of Studies
STUDIES serve for delight, for ornament, and for ability. Their chief use for delight, is in privateness and retiring; for ornament, is in discourse; and for ability, is in the judgment, and disposition of business. For expert men can execute, and perhaps judge of particulars, one by one; but the general counsels, and the plots and marshalling of affairs, come best, from those that are learned. To spend too much time in studies is sloth; to use them too much for ornament, is affectation; to make judgment wholly by their rules, is the humor of a scholar. They perfect nature, and are perfected by experience: for natural abilities are like natural plants, that need proyning, by study; and studies themselves, do give forth directions too much at large, except they be bounded in by experience. Crafty men contemn studies, simple men admire them, and wise men use them; for they teach not their own use; but that is a wisdom without them, and above them, won by observation. Read not to contradict and confute; nor to believe and take for granted; nor to find talk and discourse; but to weigh and consider. Some books are to be tasted, others to be swallowed, and some few to be chewed and digested; that is, some books are to be read only in parts; others to be read, but not curiously; and some few to be read wholly, and with diligence and attention. Some books also may be read by deputy, and extracts made of them by others; but that would be only in the less important arguments, and the meaner sort of books, else distilled books are like common distilled waters, flashy things. Reading maketh a full man; conference a ready man; and writing an exact man. And therefore, if a man write little, he had need have a great memory; if he confer little, he had need have a present wit: and if he read little, he had need have much cunning, to seem to know, that he doth not. Histories make men wise; poets witty; the mathematics subtile; natural philosophy deep; moral grave; logic and rhetoric able to contend. Abeunt studia in mores. Nay, there is no stond or impediment in the wit, but may be wrought out by fit studies; like as diseases of the body, may have appropriate exercises. Bowling is good for the stone and reins; shooting for the lungs and breast; gentle walking for the stomach; riding for the head; and the like. So if a man's wit be wandering, let him study the mathematics; for in demonstrations, if his wit be called away never so little, he must begin again. If his wit be not apt to distinguish or find differences, let him study the Schoolmen; for they are cymini sectores. If he be not apt to beat over matters, and to call up one thing to prove and illustrate another, let him study 197 the lawyers' cases. So every defect of the mind, may have a special receipt.
Of Faction
MANY have an opinion not wise, that for a prince to govern his estate, or for a great person to govern his proceedings, according to the respect of factions, is a principal part of policy; whereas contrariwise, the chiefest wisdom, is either in ordering those things which are general, and wherein men of several factions do nevertheless agree; or in dealing with correspondence to particular persons, one by one. But I say not that the considerations of factions, is to be neglected. Mean men, in their rising, must adhere; but great men, that have strength in themselves, were better to maintain themselves indifferent, and neutral. Yet even in beginners, to adhere so moderately, as he be a man of the one faction, which is most passable with the other, commonly giveth best way. The lower and weaker faction, is the firmer in conjunction; and it is often seen, that a few that are stiff, do tire out a greater number, that are more moderate. When one of the factions is extinguished, the remaining subdivideth; as the faction between Lucullus, and the rest of the nobles of the senate (which they called Optimates) held out awhile, against the faction of Pompey and Caesar; but when the senate's authority was pulled down, Caesar and Pompey soon after brake. The faction or party of Antonius and Octavianus Caesar, against Brutus and Cassius, held out likewise for a time; but when Brutus and Cassius were overthrown, then soon after, Antonius and Octavianus brake and subdivided. These examples are of wars, but the same holdeth in private factions. And therefore, those that are seconds in factions, do many times, when the faction subdivideth, prove principals; but many times also, they prove ciphers and cashiered; for many a man's strength is in opposition; and when that faileth, he groweth out of use. It is commonly seen, that men, once placed, take in with the contrary faction, to that by which they enter: thinking belike, that they have the first sure, and now are ready for a new purchase. The traitor in faction, lightly goeth away with it; for when matters have stuck long in balancing, the winning of some one man casteth them, and he getteth all the thanks. The even carriage between two factions, proceedeth not always of moderation, but of a trueness to a man's self, with end to make use of both. Certainly in Italy, they hold it a little suspect in popes, when they have often in their mouth Padre commune: and take it to be a sign of one, that meaneth to refer all to the greatness of his own house. Kings had need beware, how they side themselves, and make themselves as of a faction or party; for leagues within the state, are ever pernicious to monarchies: for they raise an obligation, paramount to obligation of sovereignty, and make the king tanquam unus ex nobis; as was to be seen in the League of France. When factions are carried too high and too violently, it is a sign of weakness in princes; and much to the prejudice, both of their authority and business. The motions of factions under kings ought to be, like the motions (as the astronomers speak) of the inferior orbs, which may have their proper motions, but yet still are quietly carried, by the higher motion of primum mobile.
Of Ceremonies, And Respects
HE THAT is only real, had need have exceeding great parts of virtue; as the stone had need to be rich, that is set without foil. But if a man mark it well, it is, in praise and commendation of men, as it is in gettings and gains: for the proverb is true, That light gains make heavy purses; for light gains come thick, whereas great, come but now and then. So it is true, that small matters win great commendation, because they are continually in use and in note: whereas the occasion of any great virtue, cometh but on festivals. Therefore it doth much add to a man's reputation, and is (as Queen Isabella said) like perpetual letters commendatory, to have good forms. To attain them, it almost sufficeth not to despise them; for so shall a man observe them in others; and let him trust himself with the rest. For if he labor too much to express them, he shall lose their grace; which is to be natural and unaffected. Some men's behavior is like a verse, wherein every syllable is measured; how can a man comprehend great matters, that breaketh his mind too much, to small observations? Not to use ceremonies at all, is to teach others not to use them again; and so diminisheth respect to himself; especially they be not to be omitted, to strangers and formal natures; but the dwelling upon them, and exalting them above the moon, is not only tedious, but doth diminish the faith and credit of him that speaks. And certainly, there is a kind of conveying, of effectual and imprinting passages amongst compliments, which is of singular use, if a man can hit upon it. Amongst a man's peers, a man shall be sure of familiarity; and therefore it is good, a little to keep state. Amongst a man's inferiors one shall be sure of reverence; and therefore it is good, a little to be familiar. He that is too much in anything, so that he giveth another occasion of satiety, maketh himself cheap. To apply one's self to others, is good; so it be with demonstration, that a man doth it upon regard, and not upon facility. It is a good precept generally, in seconding another, yet to add somewhat of one's own: as if you will grant his opinion, let it be with some distinction; if you will follow his motion, let it be with condition; if you allow his counsel, let it be with alleging further reason. Men had need beware, how they be too perfect in compliments; for be they never so sufficient otherwise, their enviers will be sure to give them that attribute, to the disadvantage of their greater virtues. It is loss also in business, to be too full of respects, or to be curious, in observing times and opportunities. Solomon saith, He that considereth the wind, shall not sow, and he that looketh to the clouds, shall not reap. A wise man will make more opportunities, than he finds. Men's behavior should be, like their apparel, not too strait or point device, but free for exercise or motion.
Of Praise
PRAISE is the reflection of virtue; but it is as the glass or body, which giveth the reflection. If it be from the common people, it is commonly false and naught; and rather followeth vain persons, than virtuous. For the common people understand not many excellent virtues. The lowest virtues draw praise from them; the middle virtues work in them astonishment or admiration; but of the highest virtues, they have no sense of perceiving at all. But shows, and species virtutibus similes, serve best with them. Certainly fame is like a river, that beareth up things light and swoln, and drowns things weighty and solid. But if persons of quality and judgment concur, then it is (as the Scripture saith) nomen bonum instar unguenti fragrantis. It fireth all round about, and will not easily away. For the odors of ointments are more durable, than those of flowers. There be so many false points of praise, that a man may justly hold it a suspect. Some praises proceed merely of flattery; and if he be an ordinary flatterer, he will have certain common attributes, which may serve every man; if he be a cunning flatterer, he will follow the archflatterer, which is a man's self; and wherein a man thinketh best of himself, therein the flatterer will uphold him most: but if he be an impudent flatterer, look wherein a man is conscious to himself, that he is most defective, and is most out of countenance in himself, that will the flatterer entitle him to perforce, spreta conscientia. Some praises come of good wishes and respects, which is a form due, in civility, to kings and great persons, laudando praecipere, when by telling men what they are, they represent to them, what they should be. Some men are praised maliciously, to their hurt, thereby to stir envy and jealousy towards them: pessimum genus inimicorum laudantium; insomuch as it was a proverb, amongst the Grecians, that he that was praised to his hurt, should have a push rise upon his nose; as we say, that a blister will rise upon one's tongue, that tells a lie. Certainly moderate praise, used with opportunity, and not vulgar, is that which doth the good. Solomon saith, He that praiseth his friend aloud, rising early, it shall be to him no better than a curse. Too much magnifying of man or matter, doth irritate contradiction, and procure envy and scorn. To praise a man's self, cannot be decent, except it be in rare cases; but to praise a man's office or profession, he may do it with good grace, and with a kind of magnanimity. The cardinals of Rome, which are theologues, and friars, and Schoolmen, have a phrase of notable contempt and scorn towards civil business: for they call all temporal business of wars, embassages, judicature, and other employments, sbirrerie, which is under-sheriffries; as if they were but matters, for under-sheriffs and catchpoles: though many times those under-sheriffries do more good, than their high speculations. St. Paul, when he boasts of himself, he doth oft interlace, I speak like a fool; but speaking of his calling, he saith, magnificabo apostolatum meum.
Of Vain-glory
IT WAS prettily devised of AEsop, The fly sat upon the axle-tree of the chariot wheel, and said, What a dust do I raise! So are there some vain persons, that whatsoever goeth alone, or moveth upon greater means, if they have never so little hand in it, they think it is they that carry it. They that are glorious, must needs be factious; for all bravery stands upon comparisons. They must needs be violent, to make good their own vaunts. Neither can they be secret, and therefore not effectual; but according to the French proverb, Beaucoup de bruit, peu de fruit; Much bruit little fruit. Yet certainly, there is use of this quality in civil affairs. Where there is an opinion and fame to be created, either of virtue or greatness, these men are good trumpeters. Again, as Titus Livius noteth, in the case of Antiochus and the AEtolians, There are sometimes great effects, of cross lies; as if a man, that negotiates between two princes, to draw them to join in a war against the third, doth extol the forces of either of them, above measure, the one to the other: and sometimes he that deals between man and man, raiseth his own credit with both, by pretending greater interest than he hath in either. And in these and the like kinds, it often falls out, that somewhat is produced of nothing; for lies are sufficient to breed opinion, and opinion brings on substance. In militar commanders and soldiers, vain-glory is an essential point; for as iron sharpens iron, so by glory, one courage sharpeneth another. In cases of great enterprise upon charge and adventure, a composition of glorious natures, doth put life into business; and those that are of solid and sober natures, have more of the ballast, than of the sail. In fame of learning, the flight will be slow without some feathers of ostentation. Qui de contemnenda gloria libros scribunt, nomen, suum inscribunt. Socrates, Aristotle, Galen, were men full of ostentation. Certainly vain-glory helpeth to perpetuate a man's memory; and virtue was never so beholding to human nature, as it received his due at the second hand. Neither had the fame of Cicero, Seneca, Plinius Secundus, borne her age so well, if it had not been joined with some vanity in themselves; like unto varnish, that makes ceilings not only shine but last. But all this while, when I speak of vain-glory, I mean not of that property, that Tacitus doth attribute to Mucianus; Omnium quae dixerat feceratque arte quadam ostentator: 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, 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. Glorious men are the scorn of wise men, the admiration of fools, the idols of parasites, and the slaves of their own vaunts.
Of Honor And Reputation
THE winning of honor, is but the revealing of a man's virtue and worth, without disadvantage. For some in their actions, do woo and effect honor and reputation, which sort of men, are commonly much talked of, but inwardly little admired. 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 attempted before; or attempted and given over; or hath been achieved, but not with so good circumstance; he shall purchase more honor, 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 every faction, or combination of people, the music will be the fuller. A man is an ill husband of bis honor, that entereth into any action, the failing wherein may disgrace him, more than the carrying of it through, can honor him. Honor 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 honor, in outshooting them, if he can, in their own bow. Discreet followers and servants, help much to reputation. Omnis fama a domesticis emanat. Envy, which is the canker of honor, is best extinguished 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, than to his own virtue or policy.
The true marshalling of the degrees of sovereign honor, are these: In the first place are conditores imperiorum, founders of states and commonwealths; such as were Romulus, Cyrus, Caesar, Ottoman, 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 Lycurgus, Solon, Justinian, Eadgar, Alphonsus of Castile, the Wise, that made the Siete Partidas. 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 Caesar, Vespasianus, Aurelianus, Theodoricus, King Henry the Seventh of England, King Henry the Fourth of France. In the fourth place are propagatores or propugnatores imperii; such as in honorable wars enlarge their territories, or make noble defence against invaders. And in the last place are patres patriae; 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 honor, 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 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; 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.
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 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 with Solomon, Fons turbatus, et vena corrupta, est justus cadens in causa sua coram adversario. The office of judges may have reference unto the parties that use, 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. 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 an 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; 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 terror, be not turned into rigor; 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: Judicis officium est, ut res, ita tempora rerum, etc. 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 overspeaking judge is no well-tuned cymbal. It is no grace to a judge, first to find that, which he might have heard in due time from the bar; or to show quickness of conceit, in cutting off evidence or counsel too short; or to prevent information by questions, though pertinent. The parts of a judge in hearing, are four: to direct the evidence; to moderate length, repetition, or impertinency of speech; to recapitulate, select, and collate the material points, of that which hath been said; and to give the rule or sentence. Whatsoever is above these is too much; and proceedeth either of glory, and willingness to speak, or of impatience to hear, or of shortness of memory, or of want of a staid and equal attention. It is a strange thing to see, that the boldness of advocates should prevail with judges; whereas they should imitate God, in whose seat they sit; who represseth the presumptuous, and giveth grace to the modest. But it is more strange, that judges should have noted favorites; which cannot but cause multiplication of fees, and suspicion of by-ways. There is due from the judge to the advocate, some commendation and gracing, where causes are well handled and fair pleaded; especially towards the side which obtaineth not; for that upholds in the client, the reputation of his counsel, and beats down in him the conceit of his cause. There is likewise due to the public, a civil reprehension of advocates, where there appeareth cunning counsel, gross neglect, slight information, indiscreet pressing, or an overbold defence. And let not the counsel at the bar, chop with the judge, nor wind himself into the handling of the cause anew, after the judge hath declared his sentence; but, on the other side, let not the judge meet the cause half way, nor give occasion to the party, to say his counsel or proofs were not heard.
Thirdly, for that that concerns clerks and ministers. The place of justice is an hallowed place; and therefore not only the bench, but the foot-place; and precincts and purprise thereof, ought to be preserved without scandal and corruption. For certainly grapes (as the Scripture saith) will not be gathered of thorns or thistles; either can justice yield her fruit with sweetness, amongst the briars and brambles of catching and polling clerks, and ministers. The attendance of courts, is subject to four bad instruments. First, certain persons that are sowers of suits; which make the court swell, and the country pine. The second sort is of those, that engage courts in quarrels of jurisdiction, and are not truly amici curiae, but parasiti curiae, in puffing a court up beyond her bounds, for their own scraps and advantage. The third sort, is of those that may be accounted the left hands of courts; persons that are full of nimble and sinister tricks and shifts, whereby they pervert the plain and direct courses of courts, and bring justice into oblique lines and labyrinths. And the fourth, is the poller and exacter of fees; which justifies the common resemblance of the courts of justice, to the bush whereunto, while the sheep flies for defence in weather, he is sure to lose part of his fleece. On the other side, an ancient clerk, skilful in precedents, wary in proceeding, and understanding in the business of the court, is an excellent finger of a court; and doth many times point the way to the judge himself.
Fourthly, for that which may concern the sovereign and estate. Judges ought above all to remember the conclusion of the Roman Twelve Tables; Salus populi suprema lex; and to know that laws, except they be in order to that end, are but things captious, and oracles not well inspired. Therefore it is an happy thing in a state, when kings and states do often consult with judges; and again, when judges do often consult with the king and state: the one, when there is matter of law, intervenient in business of state; the other, when there is some consideration of state, intervenient in matter of law. For many times the things deduced to judgment may be meum and tuum, when the reason and consequence thereof may trench to point of estate: I call matter of estate, not only the parts of sovereignty, but whatsoever introduceth any great alteration, or dangerous precedent; or concerneth manifestly any great portion of people. And let no man weakly conceive, that just laws and true policy have any antipathy; for they are like the spirits and sinews, that one moves with the other. Let judges also remember, that Solomon's throne was supported by lions on both sides: let them be lions, but yet lions under the throne; being circumspect that they do not check or oppose any points of sovereignty. Let not judges also be ignorant of their own right, as to think there is not left to them, as a principal part of their office, a wise use and application of laws. For they may remember, what the apostle saith of a greater law than theirs; Nos scimus quia lex bona est, modo quis ea utatur legitime. |
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