Itis 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 sake. Use also such persons as affect493the business wherein they are employed, for that quickeneth much; and such as are fit for the matter, as bold men for expostulation, fairspoken men for persuasion, crafty men for inquiry and observation, froward and absurd men for business that doth notwell 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,494than with those that are where they would be. If a man deal with another upon conditions, the start of 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.
Costlyfollowers 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 glorious495followers, who make themselves as trumpets of the commendations 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, andbear 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 estates496of 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,497and gives a freedom to scandal and disreputation; for those that would not censure, orspeak 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 wont498to be magnified. That that is, is between superior and inferior,499whose fortunes may comprehend the one the other.
Manyill 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 mean time, 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 depraving500or disablingthe 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,501for else he may be led by the nose. Suitors are so distasted502with delays and abuses, that plain dealing in denying to deal in suits at first, and reporting the success barely,503and 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;504so far forth505consideration 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,506but 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 thechoice 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 æquum feras,”507is 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.
Studiesserve 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 pruning 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;509and 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, flashy510things. Reading maketh a full man; conference a ready man; and writing an exact man; and, therefore, ifa 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;”511nay, there is no stand 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 difference, let him study the schoolmen, for they are “Cymini sectores.”512If he be not apt to beat over matters, and to call up one thing to prove and illustrate another, let him study the lawyers’ cases; so every defect of the mind may have a special receipt.
Manyhave 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 consideration 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 great 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 a while against the faction of Pompey and Cæsar; but when the senate’s authority was pulled down, Cæsar and Pompey soon after brake. The faction or party of Antonius andOctavianus Cæsar, 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,513and 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;”514and 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,”515as 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.”516
Hethat 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 dothmuch add to a man’s reputation, and is (as Queen Isabella517said) 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 any thing, 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 dothit 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 too 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.”518A wise man will make more opportunities than he finds. Men’s behavior should be like their apparel, not too strait or point device,519but free for exercise or motion.
Praiseis the reflection of virtue; but it is 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 or perceiving at all; but shows and “species virtutibus similes,”520serve best with them. Certainly, fame is like a river, that beareth up things light and swollen, 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:”521it filleth 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 arch-flatterer, 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, “spretâ conscientiâ.”522Some praisescome of good wishes and respects, which is a form due in civility to kings and great persons, “laudando præcipere;”523when, 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;”524insomuch as it was a proverb amongst the Grecians, that “he that was praised to his hurt, should have a push525rise 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.”526Too 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 office527or profession, he may do it with good grace, and with a kind of magnanimity. The cardinals of Rome, which are theologues,528and 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:”529but speaking of his calling, he saith, “Magnificabo apostolatum meum.”530
Itwas prettily devised of Æsop, 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 bravery531stands 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 theFrench proverb, “Beaucoup de bruit, peu de fruit;”—“much bruit,532little fruit.” Yet, certainly, there is use of this quality in civil affairs: where there is an opinion533and 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 Ætolians,534there 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 military commanders and soldiers, vainglory is an essential point; for as iron sharpens iron, so by glory one courage sharpeneth another. In cases of great enterprise upon charge535and 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 contemnendâ gloriâ libros scribunt,nomen suum inscribunt.”536Socrates, Aristotle, Galen, were men full of ostentation: certainly, vainglory helpeth to perpetuate a man’s memory; and virtue was never so beholden to human nature, as it received its due at the second hand. Neither had the fame of Cicero, Seneca, Plinius Secundus,537borne 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 vainglory, I mean not of that property that Tacitus doth attribute to Mucianus, “Omnium, quæ dixerat feceratque, arte quâdam ostentator;”538for that539proceeds not of vanity, but of natural magnanimity and discretion; and, in some persons, is not only comely, but gracious; for excusations,540cessions,541modesty itself, well governed, are but arts of ostentation; and amongst those arts there is none better than that which Plinius Secundus speakethof, 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;542for 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.” Glorious543men are the scorn of wise men, the admiration of fools, the idols of parasites, and the slaves of their own vaunts.
Thewinning of honor is but the revealing of a man’s virtue and worth without disadvantage; for some in their actions do woo and affect 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 affecting a matter of greater difficulty or virtue, wherein he is but a follower. If a man so temper his actions, as in some one ofthem he doth content every faction or combination of people, the music will be the fuller. A man is an ill husband of his 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.”544Envy, 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,”545founders of states and commonwealths; such as were Romulus, Cyrus, Cæsar, Ottoman,546Ismael: in the second place are “legislatores,” lawgivers, which are also called second founders, or “perpetui principes,”547because they govern by theirordinances after they are gone; such were Lycurgus, Solon, Justinian, Edgar,548Alphonsus of Castile, the Wise, that made the “Siete Partidas:”549in the third place are “liberatores,” or “salvatores,”550such as compound the long miseries of civil wars, or deliver their countries 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,”551such as in honorable wars enlarge their territories, or make noble defence against invaders: and, in the last place are “patres patriæ,”552which 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,”553those upon whomprinces do discharge the greatest weight of their affairs, their right hands, as we call them; the next are “duces belli,”554great leaders, such as are princes’ lieutenants, and do them notable services in the wars; the third are “gratiosi,” favorites, such as exceed not this scantling,555to be solace to the sovereign, and harmless to the people; and the fourth, “negotiis pares,”556such 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.
Judgesought to remember that their office is “jus dicere,”557and not “jus dare;”558to 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 tobe 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)559is he that removeth the landmark.” The mislayer of a mere stone is to blame; but it is the unjust judge that is the capital remover of landmarks, when he defineth amiss of lands and property. One foul sentence doth more hurt than many foul examples; for these do but corrupt the stream, the other corrupteth the fountain: so saith Solomon, “Fons turbatus et vena corrupta est justus cadens in causâ suâ coram adversario.”560The office of judges may have reference unto the parties that sue, unto the advocates that plead, unto the clerks and ministers of justice underneath them, and to the sovereign or state above them.
First, for the causes or parties that sue. “There be (saith the Scripture) that turn judgment into wormwood;”561and 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 itis 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 a 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;”562and 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. Especially 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;”563for penal laws pressed,564are 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 bywise judges confined in the execution: “Judicis officium est, ut res, ita tempora rerum,” &c.565In 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. Patience566and 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, of 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;567for that upholds in the client the reputation of his counsel, and beats down in him the conceit568of 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 over-bold defence; and let not the counsel at the bar chop569with 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 a hallowed place; and, therefore, not only the bench, but the foot-pace 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;”570neither can justiceyield her fruit with sweetness amongst the briers and brambles of catching and polling571clerks 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 curiæ,”572but “parasiti curiæ,”573in 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,574“Salus populi suprema lex;”575and to knowthat laws, except they be in order to that end, are but things captious, and oracles not well inspired; therefore it is a 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”576and “tuum,”577when 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 lions578on 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 principalpart 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 eâ utatur legitime.”579
Toseek to extinguish anger utterly is but a bravery580of the Stoics. We have better oracles: “Be angry, but sin not; let not the sun go down upon your anger.”581Anger 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 attempered 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 is thoroughly over. Seneca saith well, “that anger is like ruin, which breaks itself upon that it falls.”582The Scripture exhorteth us “to possess our souls in patience;”583whosoever is out of patience, is out of possession of his soul. Men must not turn bees:—