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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 winepress is hard wrought, it yields a harsh wine that tastes of the

honour are these: in the first place are "condi- | turbatus, et vena corrupta est justus cadens in causâ tores imperiorum," founders of states and common- suâ coram adversario." The office of judges may wealths; such as were Romulus, Cyrus, Cæsar, have reference unto the parties that sue, unto the Ottoman, Ismael: in the second place are "legis- advocates that plead, unto the clerks and ministers latores," lawgivers; which are also called second of justice underneath them, and to the sovereign founders, or "perpetui principes," because they or state above them. govern by their ordinances after they are gone; First, for the causes or parties that sue. such were Lycurgus, Solon, Justinian, Edgar, be (saith the Scripture) that turn judgment into Alphonsus of Castile the Wise, that made the wormwood ;" and surely there be, also, that turn "Siete partidas:" in the third place are "libera- it into vinegar; for injustice maketh it bitter, and tores,” or “salvatores," such as compound the delays make it sour. The principal duty of a long miseries of civil wars, or deliver their coun-judge is, to suppress force and fraud; whereof tries from servitude of strangers or tyrants; as Augustus Cæsar, 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 honourable wars enlarge their territories, or make noble defence against invaders; and, in the last place, are "patres patriæ," 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 honour 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 lead-grape-stone. Judges must beware of hard coners; such as are princes' lieutenants, and do them structions, and strained inferences, for there is no notable services in the wars: the third are "gra- worse torture than the torture of laws: especially tiosi,” favourites; such as exceed not this scant-in case of laws penal, they ought to have care that ling, to be solace to the sovereign, and harmless that which was meant for terror be not turned into to the people: and the fourth, "negotiis pares;" rigour; and that they bring not upon the people that such as have great places under princes, and shower whereof the Scripture speaketh," Pluet execute their places with sufficiency. There is an super eos laqueos;" for penal laws pressed are a honour, likewise, which may be ranked amongst shower of snares upon the people; therefore let the greatest, which happeneth rarely; that is, of penal laws, if they have been sleepers of long, or such as sacrifice themselves to death or danger if they be grown unfit for the present time, be by for the good of their country; as was M. Regu-wise judges confined in the execution; “Judicis lus, and the two Decii.

officium est, ut res, ita tempora rerum," &c. 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 over-speaking judge is no well-tuned cymbal. It is no grace to a

LVI. 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 pro-judge first to find that which he might have heard nounce that which they do not find, and by show of antiquity to introduce novelty. Judges ought to be more learned than witty, more reverend than plausible, and more advised than confident. Above all things, integrity is their portion and proper virtue. "Cursed (saith the law) is he that removeth the landmark." The mislayer of a mere stone is to blame; but it is the unjust judge that is the capital remover of landmarks, when he defineth amiss of lands and property. One foul sentence doth more hurt than many foul examples; for these do but corrupt the stream, the other corrupteth the fountain; so saith Solomon, "Fons

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; | again, when judges do often consult with the king whereas they should imitate God, in whose seat and state: the one, when there is matter of law

they sit, who represseth the presumptuous, and intervenient in business of state; the other, when giveth grace to the modest: but it is more strange, there is some consideration of state intervenient that judges should have noted favourites, which in matter of law; for many times the things decannot but cause multiplication of fees, and sus-duced to judgment may be "meum" and "tuum,” picion of by-ways. There is due from the judge when the reason and consequence thereof may to the advocate some commendation and gracing, trench to point of estate: I call matter of estate, where causes are well handled and fair pleaded, not only the parts of sovereignty, but whatsoever especially towards the side which obtaineth not; introduceth any great alteration, or dangerous for that upholds in the client the reputation of his precedent; or concerneth manifestly any great counsel, and beats down in him the conceit of his portion of people: and let no man weakly concause. There is likewise due to the public a civil | ceive that just laws, and true policy, have any reprehension of advocates, where there appeareth antipathy; for they are like the spirits and sinews, cunning counsel, gross neglect, slight information, indiscreet pressing, or an over-bold 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 halfway, nor give occasion to the party to say, his counsel or proofs were not heard.

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 so ignorant of their own right, as to think there is not left to them, as a principal part of their office, a wise use Thirdly, for that that concern clerks and minis- | and application of laws; for they may remember ters. The place of justice is an hallowed place; what the apostle saith of a greater law than theirs: and therefore not only the bench but the foot-pace"Nos scimus quia lex bona est, modo quis eâ and precincts, and purprise thereof ought to be utatur legitime." preserved without scandal and corruption; for, certainly, "Grapes (as the Scripture saith) will not be gathered of thorns or thistles ;" neither can Justice yield her fruit with sweetness amongst the briers and brambles of catching and polling clerks

and ministers. The attendance of courts is sub

ject 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 curiæ," but "parasiti curiæ,” 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 loose 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 the 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

LVII. OF ANGER.

To seek to extinguish anger utterly is but a bravery of the Stoics. We have better oracles: "Be angry, but sin not: let not the sun go down upon your anger." Anger must be limited and confined both in race and in time. We will first speak how the natural inclination and habit "to be angry," may be attempted and calmed; secondly, how the particular motions of anger may be repressed, or, at least, refrained from doing mischief; thirdly, how to raise anger, or appease anger in

another.

For the first, there is no other way but to meditate and ruminate well upon the effects of anger, how it troubles man's life: and the best time to do this, is to look back upon anger when the fit Seneca saith well, "That is thoroughly over. anger is like rain, which breaks itself upon that it falls." The Scripture exhorteth us "To possess our souls in patience;" whosoever is out of patience, is out of possession of his soul. Men must not turn bees;

"animasque in vulnere ponunt." Anger is certainly a kind of baseness; as it ap pears well in the weakness of those subjects in whom it reigns, children, women, old folks, sick folks. Only men must beware that they carry their anger rather with scorn than with fear; so that they may seem rather to be above the injury than below it; which is a thing easily done, if a man will give law to himself in it.

For the second point, the causes and motives

of anger are chiefly three; first, to be too sensible | matter is in a perpetual flux, and never at a stay of hurt; for no man is angry that feels not himself hurt; and, therefore, tender and delicate persons must needs be oft angry, they have so many things to trouble them, which more robust natures have little sense of: the next is, the apprehension and construction of the injury offered, to be, in the circumstances thereof, full of contempt: for contempt is that which putteth an edge upon anger, as much, or more, than the hurt itself; and, therefore, when men are ingenious in picking out circumstances of contempt, they do kindle their anger much: lastly, opinion of the touch of a man's reputation doth multiply and sharpen anger; wherein the remedy is, that a man should have, as Consalvo was wont to say, "telam honoris crassiorem." But in all refrainings of anger, it is the best remedy to win time, and to make a man's self believe that the opportunity of his revenge is not yet come; but that he foresees a time for it, and so to still himself in the mean time, and reserve it.

To contain anger from mischief, though it take hold of a man, there be two things whereof you must have special caution: the one, of extreme bitterness of words, especially if they be aculeate and proper; for "communia maledicta" are nothing so much; and again, that in anger a man reveal no secrets; for that makes him not fit for society: the other, that you do not peremptorily break off in any business in a fit of anger; but howsoever you show bitterness, do not act any thing that is not revocable.

For raising and appeasing anger in another, it is done chiefly by choosing of times, when men are frowardest and worst disposed to incense them; again, by gathering (as was touched before) all that you can find out to aggravate the contempt: and the two remedies are by the contraries: the former to take good times, when first to relate to a man an angry business, for the first impression is much; and the other is, to sever, as much as may be, the construction of the injury from the point of contempt; imputing it to misunderstanding, fear, passion, or what you will.

LVIII. OF VICISSITUDE OF THINGS. SOLOMON Saith, "There is no new thing upon the earth;" so that as Plato had an imagination that all knowledge was but remembrance; so Solomon giveth his sentence, "That all novelty is but oblivion:" whereby you may see, that the river of Lethe runneth as well above ground as below. There is an abstruse astrologer that saith, if it were not for two things that are constant, (the one is, that the fixed stars ever stand at like distance one from another, and never come nearer together, nor go further asunder; the other, that the diurnal motion perpetually keepeth time,) no individual would last one moment: certain it is, that the

The great winding-sheets that bury all things in oblivion are two; deluges and earthquakes. As for conflagrations and great droughts, they do not merely dispeople, but destroy. Phaeton's car went but a day: and the three years' drought in the time of Elias, was but particular, and left people alive. As for the great burnings by lightnings, which are often in the West Indies, they are but narrow; but in the other two destructions, by deluge and earthquake, it is further to be noted, that the remnant of people which happen to be reserved, are commonly ignorant and mountainous people, that can give no account of the time past; so that the oblivion is all one as if none had been left. If you consider well of the people of the West Indies, it is very probable that they are a newer or a younger people than the people of the old world; and it is much more likely that the destruction that hath heretofore been there, was not by earthquakes, (as the Ægyptian priest told Solon, concerning the island of Atlantis, that it was swallowed by an earthquake,) but rather, that, it was desolates by a particular deluge: for earthquakes are seldom in those parts: but on the other side, they have such pouring rivers, as the rivers of Asia, and Africa, and Europe, are but brooks to them. Their Andes likewise, or mountains, are far higher than those with us; whereby it seems, that the remnants of generations of men were in such a particular deluge saved. As for the observation that Machiavel hath, that the jealousy of sects doth much extinguish the memory of things; traducing Gregory the Great, that he did what in him lay to extinguish all heathen antiquities; I do not find that those zeals do any great effects, nor last long; as it appeared in the succession of Sabinian, who did revive the former antiquities.

The vicissitude, or mutations, in the superior globe, are no fit matter for this present argument. It may be Plato's great year, if the world should last so long, would have some effect, not in renewing the state of like individuals, (for that is the fume of those that conceive the celestial bodies have more accurate influences upon these things below, than indeed they have,) but in gross. Comets, out of question, have likewise power and effect over the gross and mass of things; but they are rather gazed upon, and waited upon in their journey, than wisely observed in their effects; especially in their respective effects; that is, what kind of comet for magnitude, colour, version of the beams, placing in the region of heaven, or lasting, produceth what kind of effects.

There is a toy, which I have heard, and I would not have it given over, but waited upon a little. They say it is observed in the Low Countries, (I know not in what part) that every five and thirty years the same kind and suit of years and weathers comes about again; as great frosts, great wet, great droughts, warm winters, summers with

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little heat, and the like, and they call it the prime: it is a thing I do the rather mention, because, computing backwards, I have found some

concurrence.

But to leave these points of nature, and to come to men. The greatest vicissitude of things amongst men, is the vicissitude of sects and religions; for those orbs rule in men's minds most. The true religion is built upon the rock; the rest are tossed upon the waves of time. To speak, therefore, of the causes of new sects, and to give some counsel concerning them, as far as the weakness of human judgment can give stay to so great revolutions.

When the religion formerly received is rent by discords, and when the holiness of the professors of religion is decayed and full of scandal, and withal the times be stupid, ignorant, and barbarous, you may doubt the springing up of a new sect: if then also there should arise any extravagant and strange spirit to make himself author thereof; all which points held when Mahomet published his law. If a new sect have not two properties, fear it not, for it will not spread: the one is the supplanting, or the opposing of authority established; for nothing is more popular than that; the other is the giving license to pleasures | and a voluptuous life: for as for speculative heresies, (such as were in ancient times the Arians, and now the Arminians,) though they work mightily upon men's wits, yet they do not produce any great alterations in states; except it be by the help of civil occasions. There be three manner of plantations of new sects; by the power of signs and miracles; by the eloquence and wisdom of speech and persuasion; and by the sword. For martyrdoms, I reckon them amongst miracles, because they seem to exceed the strength of human nature and I may do the like of superlative and admirable holiness of life. Surely there is no better way to stop the rising of new sects and schisms, than to reform abuses; to compound the smaller differences; to proceed mildly, and not with sanguinary persecutions; and rather to take off the principal authors, by winning and advancing them, than to enrage them by violence and bitterness.

people have invaded the northern, but contrari wise; whereby it is manifest that the northern tract of the world is in nature the more martial region: be it in respect of the stars of that hemisphere, or of the great continents that are upon the north; whereas the south part, for aught that is known, is almost all sea; or, (which is most apparent,) of the cold of the northern parts, which is that, which, without aid of discipline, doth make the bodies hardest, and the courage warmest.

Upon the breaking and shivering of a great state and empire, you may be sure to have wars; for great empires, while they stand, do enervate and destroy the forces of the natives which they have subdued, resting upon their own protecting forces; and then, when they fail also, all goes to ruin, and they become a prey; so was it in the decay of the Roman empire, and likewise in the empire of Almaigne, after Charles the Great, every bird taking a feather; and were not unlike to befal to Spain, if it should break. The great accessions and unions of kingdoms do likewise stir up wars: for when a state grows to an overpower, it is like a great flood, that will be sure to overflow; as it hath been seen in the states of Rome, Turkey, Spain, and others. Look when the world hath fewest barbarous people, but such as commonly will not marry, or generate, except they know means to live, (as it is almost everywhere at this day, except Tartary,) there is no danger of inundations of people: but when there be great shoals of people, which go on to populate, without foreseeing means of life and sustentation, it is of neces sity that once in an age or two they discharge a portion of their people upon other nations, which the ancient northern people were wont to do by lot; casting what part should stay at home, and what should seek their fortunes. When a warlike state grows soft and effeminate, they may be sure of a war: for commonly such states are grown rich in the time of their degenerating; and so the prey inviteth, and their decay in valour encourageth a war.

As for the weapons, it hardly falleth under rule and observation: yet we see even they have returns and vicissitudes; for certain it is, that ordnance was known in the city of the Oxidrakes, in India; and was that which the Macedonians called thunder and lightning, and magic; and it is well known that the use of ordnance hath been in China above two thousand years. The conditions of weapons, and their improvements, are, first, the fetching afar off; for that outruns the danger, as it is seen in ordnance and muskets; secondly, the strength of the percussion; wherein likewise ordnance do exceed all arietations, and ancient inventions: the third is, the commodious use of them; as that they may serve in all wea thers, that the carriage may be light and manage

The changes and vicissitude in wars are many, but chiefly in three things; in the seats, or stages of the war, in the weapons, and in the manner of the conduct. Wars, in ancient time, seemed more to move from east to west; for the Persians, Assyrians, Arabians, Tartars, (which were the invaders,) were all eastern people. It is true, the Gauls were western, but we read but of two incursions of theirs; the one to Gallo-Græcia, the other to Rome: but east and west have no certain points of heaven; and no more have the wars, either from the east or west, any certainty of observation: but north and south are fixed; and it hathable, and the like. seldom or never been seen that the far southern

For the conduct of the war; at the first, men
F

1

iested extremely upon number; they did put the | them together for a time; in the declining age of wars likewise upon main force and valour, point- a state, mechanical arts and merchandise. Learning days for pitched fields, and so trying it out ing hath its infancy, when it is but beginning, upon an even match; and they were more igno- and almost childish; then its youth, when it is rant in ranging and arraying their battles. After | luxuriant and juvenile; then its strength of years, they grew to rest upon number, rather competent when it is solid and reduced; and, lastly, its old than vast; they grew to advantages of place, cun- age, when it waxeth dry and exhaust; but it is ning diversions, and the like; and they grew not good to look too long upon these turning more skilful in the ordering of their battles. wheels of vicissitude, lest we become giddy; as for the philology of them, that is but a circle of

In the youth of a state, arms do flourish; in the middle age of a state, learning; and then both of | tales, and therefore not fit for this writing.

APPENDIX TO ESSAYS.

A FRAGMENT OF AN ESSAY OF
FAME.*

THE poets make Fame a monster; they describe her in part finely and elegantly, and in part gravely and sententiously: they say, look how many feathers she hath, so many eyes she hath underneath, so many tongues, so many voices, she pricks up so many ears.

This is a flourish; there follow excellent parables; as that she gathereth strength in going; that she goeth upon the ground, and yet hideth her head in the clouds; that in the daytime she sitteth in a watch-tower, and flieth most by night; that she mingleth things done with things not done; and that she is a terror to great cities: but that which passeth all the rest is, they do recount that the Earth, mother of the giants that made war against Jupiter, and were by him destroyed, thereupon in anger brought forth Fame; for certain it is, that rebels, figured by the giants, and seditious fames and libels, are but brothers and sisters, masculine and feminine: but now if a man can tame this monster, and bring her to feed at the hand and govern her, and with her fly other ravening fowl, and kill them, it is somewhat worth but we are infected with the style of the poets. To speak now in a sad and serious manner, there is not in all the politics a place less handled, and more worthy to be handled, than this of fame; we will therefore speak of these points; what are false fames; and what are true fames and how they may be best discerned; how fames may be sown and raised; how they may be spread and multiplied: and how they may be checked and laid dead and other things concerning the nature of fame. Fame is of that force, as there is scarcely any great action wherein it hath not a great part, especially in the war. Mucianus undid Vitellius by a fame that he scattered, that Vitellius had in purpose to remove the legions of * Published by Dr. Rawley in his Resuscitatio.

Syria into Germany, and the legions of Germany into Syria; whereupon the legions of Syria were infinitely inflamed. Julius Cæsar took Pompey unprovided, and laid asleep his industry and preparations, by a fame that he cunningly gave out how Cæsar's own soldiers loved him not; and being wearied with the wars, and laden with the spoils of Gaul, would forsake him as soon as he came into Italy. Livia settled all things for the succession of her son Tiberius, by continual giving out that her husband Augustus was upon recovery and amendment; and it is an usual thing with the bashaws, to conceal the death of the Great Turk from the janizaries and men of war, to save the sacking of Constantinople, and other towns, as their manner is. Themistocles made Xerxes, king of Persia, post apace out of Græcia, by giving out that the Grecians had a purpose to break his bridge of ships which he had made athwart Hellespont. There be a thousand suchlike examples, and the more they are, the less they need to be repeated, because a man meeteth with them every where; therefore let all wise governors have as great a watch and care over fames, as they have of the actions and designs themselves.

[THE REST WAS NOT FINISHED.]

OF A KING.t

1. A KING is a mortal god on earth, unto whom the living God hath lent his own name as a great honour; but withal told him, he should die like a man, lest he should be proud and flatter himself, that God hath with his name imparted unto him his nature also.

2. Of all kind of men, God is the least beholden unto them; for he doth most for them, and they do ordinarily least for him.

3. A king that would not feel his crown too heavy for him, must wear it every day; but if he

† See note K, at the end.

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