Imatges de pÓgina
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meum

cause.

essential part of justice ; and an overspeaking and the fourth is the poller and exacter of judge is no well turned cymbal.

It is no

fees ; which justifies the common resemblance grace to a judge first to find that which he of the courts of justice to the bush, whereunto, might have heard in due time from the bar ; while the sheep flies for defence in weather, or to show quickness of conceit in cutting off he is sure to lose part of the fleece. On the evidence or counsel too short, or to prevent other side, an ancient clerk, skilfu) in preceinformation by questions, though pertinent. dents, wary in proceeding, and understanding The parts of a judge in hearing are four : to in the business of the court, is an excellent direct the evidence; to moderate length, re figure of a court, and doth many times point petition, or impertineney of speech ; to recapi- the way to the judge himself. tulate, select, and collate the material points Fourthly, for that which may concern the of that which hath been said, and to give the sovereign and state. Judges ought, above all, rule, or sentence. Whatsoever is above these to remember the conclusion of the Roman is too much, and proceedeth either of glory twelve tables, “Salus populi suprema lex:" and willingness to speak, or of impatience to and to know that laws, except they be in order hear, or of shortness of memory, or of want of to that end, are but things captious, and a staid and equal attention. It is a strange oracles not well inspired: therefore it is a thing to see that the boldness of advocates happy thing in a state, when kings and states should prevail with judges ; whereas they do often consult with judges : and again, should imitate God, in whose seat they sit; when judges do often consult with the king who represseth the presumptuous, and giveth and state : the one, where there is matter of grace to the modest : but it is more strange, law intervenient is business of state ; the that judges should have noted favourites, other, when there is some consideration of which cannot but cause multiplications of state intervenient in matter of law ; for many fees, and suspicion of by-ways. There is due times the things deduced to judgment may be from the judge to the advocate some commen

” and “ tuum,” when the reason dation and gracing, where causes are well and consequence thereof may trench to point handled and fair pleaded, especially towards of estate : I call matter of estate, not only the the side which obtaineth not: for that upholds parts of sovereignty, but whatsoever introin the client the reputation of his counsel, duceth any great alteration or dangerous preand beats down in him the conceit of his cedent ; or concerneth manifestly any great

There is likewise due to the public a portion of people : and let no man weakly civil reprehension of advocates, where there conceive that just laws and true policy have appeareth cunning counsel, gross neglect, any antipathy ; for they are like the spirits slight information, indiscreet pressing, or an and sinews, that one moves with the other. overbold defence; and let not the counsel at Let judges also remember, that Solomon's the bar chop with the judge, nor wind him throne was supported by lions on both sides : self into the handling of the cause anew after let them belions, but yet lions under the throne: the judge hath declared his sentence; but, on being circumspect, that they do not check or the other side, let not the judge meet the oppose any points of sovereignty. Let not cause half way, nor give occasion to the party judges also be so ignorant of their own right, to say, his counsel or proofs were not heard. as to think their is not left them, as a princi.

Thirdly, for that that concerns clerks and pal part of their office, a wise use and apministers. The place of justice is a hallow. plication of laws; for they may remember ed place; and therefore not only the bench, what the apostle saith of a greater law than but the footpace and precincts, and purprise theirs : “ Nos scimus quia lex bona est, modo thereof, ought to be reserved without scandal quis ea utatur legitime.” and corruption ; for, certainly, grapes (as the scripture saith), “will not be gathered off thorns and thistles ;” neither can justice yield

OF ANGER. her fruit with sweetness amongst the briars and To seek to extinguish anger utterly is but a brambles of catching and pulling clerks and bravery of the Stoics. We have better oracles : ministers. The attendance of courts is sub “ Be angry, but sin not: let not the sun go ject to four bad instruments : first, certain down upon your anger.” Anger must be persons that are sowers of suits, which make limited and confined, both in race and time. the court swell and the country pine : the We will first speak how the natural inclinasecond sort is of those that engage courts in tion and habit, “ to be angry,” may be atquarrels of jurisdiction, and are not truly tempted and calmed ; secondly, how the paramici curiæ,” but “parasiti curiæ,” in ticular motions of anger may be repressed, or, puffing a court up beyond her bounds for their at least, refrained from doing mischief; own scraps and advantage: the third sort is of thirdly, how to raise anger, or appease anger those that may be accounted the left hands of in another. courts; persons that are full of nimble and For the first there is no other way but to sinister tricks, and shifts, whereby they per- meditate and ruminate well upon the effects vert the plain and direct courses of courts, and of anger, how it troubles man's life: and the bring justice into oblique lines and labyrinths: best time to do this, is to look back upon

OF VICISSITUDE OF THINGS.

anger when the fit is thoroughly over. Seneca the point of contempt; imputing it to mis. saith well, “ that anger is like rain, which understanding, fear, passion, or what you breaks itself upon that it falls." The scrip- will. ture exhorteth us “ to possess our souls in patience ;" whosoever is out of patience, is out of possession of his soul. Men must not OF VICISSITUDE OF THINGS. turn bees : Animasque in vulnere ponunt."

SOLOMON saith, “ there is no new thing

upon the earth :” so that as Plato had an Anger is certainly a king of baseness ; as it imagination that all knowledge was but reappears well in the weakness of those subjects membrance ; 8o Solomon giveth his sentence, in whom it reigns, children, women, old folks, " that all novelty is but oblivion;" whereby sick folks. Only men must beware that they you may see, that the river of Lethe runneth carry their anger rather with scorn than with as well above ground as below. There is an fear; so that they may seem rather to be abstruse astrologer that saith, if it were not above the injury than below it ; which is a for two things that are constant (the one is, thing easily done, if a man will give law to that the fixed stars ever stand at like distance himself in it.

one from another, and never come nearer 'For the second point, the causes and together, nor go farther asunder; the other, motives of anger are chiefly three : first, to be that thr diurnal motion perpetually keepeth sensible of hurt ; for no man is angry that time), nu individual would last one moment: feels not himself hurt ; and, therefore, tender certain it is, that matter is in a perpetual and delicate persons must need be oft angry, flux, and never at a stay. The great winding they have so many things to trouble them, sheets that bury all things in oblivion are which more robust natures have little sense of: two; deluges and earthquakes. As for conthe next is, the apprehension and construction flagrations and great droughts, they do not of the injury offered to be, in the circum. merely dispeople, but destroy. Phaeton's car stances thereof, full of contempt : for con went but a day; and the three years' drought, tempt is that which putteth an edge upon in the time of Elias, was but particular, and anger, as much or more than the hurt itself ; left people alive. As for the great burnings and, therefore, when men are ingenious in by lightnings, which are often in the West picking out circumstances of contempt, they Indies, they are but narrow; but in the other do kindle their anger much: lastly, opinion two destructions, by deluge and earthquake, of the touch of a man's reputation doth multi it is farther to be noted, that the remnant of ply and sharpen anger ; wherein the remedy people which happen to be reserved, are comis, that a man should have, as Gonsalvo was monly ignorant and mountainous people, that wont to say, “telam honoris crassiorem." can give no account of the time past; so that But all refrainings of anger, it is the best the oblivion is all one, as it nune had been remedy to win time, and to make a man's self left. If you consider well of the people of believe that the opportunity of his revenge is the West Indies, it is very probable that not yet come ; but that he foresees a time for they are a newer or a younger people than it, and so to still himself in the mean time the people of the ole' world ; and it is much and reserve it.

more likely that the destruction that hath To contain anger from mischief, though it heretoiore been there, was not by earthquakes take hold of a man, there be two things (as the Ægyptian priest told Solon, concernwhereof you must have special caution: the ing the island of Atlantis, that it was swal. one of extreme bitterness of words, especially lowed by an earthquake), but rather, that it if they be aculeate and proper; for com was desolated by a particular deluge : for munia maledicta" are nothing so much; and earthquakes are seldom in those parts : but again, that in anger a man reveal no secrets ; on the other side, they have such pouring for that makes him not fit for society: the rivers, as the rivers of Asia and Africa and other, that you do not peremptorily break off Europe are but brooks to them. Their Andes in any business in a fit of anger ; but how likewise, or mountains, are far higher than soever you show bitterness, do not act any those with us; whereby it seems, that the thing that is not revocable.

remnants of generations of men were in such For raising and appeasing anger in another, a particular deluge saved. As for the obser. it is done chiefly by choosing of times, when vation that Machiavel hath, that the jealousy men are frowardest and worst disposed to of sects doth much extinguish the memory of incense them ; again, by gathering (as was things; traducing Gregory the Great, that he touched before) all that you can find out to did what in him lay to extinguish all heathen aggravate the contempt; and the two reme antiquities; I do not find that those zeals do dies are by the contraries: the former to take any great effects, nor last long; as it appeared good times, when first to relate to a man an in the succession of Sabinian, who did revive angry business, for the first impression is the former antiquities. ynuch; and the other is, to sever, as much as The vicissitude, or mutations in the supe. may be, the construction of the injury from rior globe are no fit matter for this present

OF VICISSITUDE OF THINGS.

53

some concurrence.

argument. It may be Plato's great year, if life. Surely there is no better way to stop the world should last so long, would have the rising of new sects and schismis than to some effect, not in renewing the state of like reform abuses; to compound the smaller dif. individuals (for that is the fume of those that ferences; to proceed mildly, and rot with conceive the celestial bodies have more accu. sanguinary persecutions; and rather to take rate influences upon these things below than off the principal authors, by winning and indeed they have), but in gross. Comets, advancing them, than to enrage them by out of question, have likewise power and violence and bitterness. effect over the gross and mass of things : but The change and vicissitudes in wars are they are rather gazed upon, and waited upon many, but chiefly in three things ; in the in their journey, than wisely observed in seats or stages of the war, in the weapons and their effects; especially in their respective in the manner of the conduct. Wars, in effects ; that is, what kind of comet for mag ancient time, seemed more to move from east nitude, colour, version of the beams, placing to west; for the Persians, Assyrians, Arain the region of heaven, or lasting, producetń bians, Tartars (which were the invaders), what kind of effects.

were all eastern people. It is true, the Gauls There is a toy which I have heard, and I were western; but we read but of two incurwould not have given it over, but waited sions of theirs ; the one to Gallo-Græcia, the upon a little. They say it is observed in the other to Rome: but east and west have Low Countries (I know not in what part), no certain points of heaven ; and no more that every five and thirty years the same kind have the wars, either from the east or west, and suit of years and weathers, come about any certainty of observation: but north and again ; as great frosts, great wet, great south are fixed; and it hath seldom or never droughts, warm winters, summers with little been seen that the far southern people have heat, and the like ; and they call it the invaded the northern, but contrariwise; whereprime: it is a thing I do the rather mention, by it is manifest that the northern tract of because, computing backwards, I have found the world is in nature the more martial re.

gion: be it in respect of the stars of that But to leave these points of nature, and to hemisphere, or of the great continents that come to men. The great vicissitude of things are upon the north ; whereas the south part amongst men is the vicissitude of sects and for aught that is known, is almost all sea ; or religions; for those orbs rule in men's minds (which is the most apparent), of the cold of most. The true religion is built upon the the northern parts, which is that which, rock; the rest are tossed upon the waves of without aid of discipliné, doth make the time. To speak, therefore, of the causes of bodies hardest, and the courage warmest. new sects, and to give some counsel concern : Upon the breaking and shivering of a great ing them, as far as the weakness of human state and empire, you may be sure to have judgment can give stay to so great revolutions. wars; for great empires, while they stand,

When the religion formerly received is rent do enervate and destroy the forces of the by discords, and when the holiness of the natives which they have subdued, resting professors of religion is decayed and full of upon their own protecting forces; and then, scandal, and withal the times be stupid, when they fail also, all goes to ruin, and they ignorant, and barbarous, you may doubt the become a prey; so it was in the decay of the springing up of a new sect : if then also Roman empire, and likewise in the empire of should arise any extravagant and strange Almaigne, after Charles the Great, every bird spirit to make himself author thereof; all taking a feather; and were not unlike to bewhich points held when Mahomet published fall to Spain if it should break. The great his law. If a new sect have not two properties, accessions and unions of kingdoms do likefear it not, for it will not spread : the one is wise stir up wars: for when a state grows to the supplanting, or the opposing of autho an overpower, it is like a great flood that wil rity established; for nothing is more popular be sure to overflow; as it hath been seen is than that; the other is the giving license to the states of Rome, Turkey, Spain, ang pleasures and a voluptuous life : for as for others. Look when the world hath fewest speculative heresies (such as were in ancient barbarous people, but such as commonly wil times the Arians, and now the Arminians), not marry, or generate, except they know though they work mightily upon men's wits, means to live (as it is almost every where at yet they do not produce any great alteration this day, except Tartary), there is no danger in states; except it be by the help of civil of inundations of people: but when there be occasions. There be three manner of planta- great shoals of people which go on to popu. tions of new sects ; by the power of signs and late, without foreseeing means of life and miracles: by the eloquence and wisdom of sustentation, it is of necessity that once in an speech and persuasion; and by the sword. age or two they discharge a portion of their For martyrdoms, I reckon them amongst people upon other nations, which the ancient miracles, because they seem to exceed the northern people were wont to do hy lot; strength of human nature: and I may do the casting lots what part should stay at home, like of superlative and admirable holiness of and what should seek their fortunes. When

A FRAGMENT OF AN ESSAY OF FAME.

a warlike state grows soft and effeminate, they yet hideth her head in the clouds ; that in may be sure of a war : for commonly such the daytime she sitteth in a watch tower, and states are grown rich in the time of their de, ilyeth most by night; that she mingleth generating ; and so the prey inviteth, and things done with things not done; and that their decay in valour encourageth a war, she is a terror to great cities : but that which

As for the weapons, it hardly falleth under passeth all the rest is, they do recount that rule and observation: yet we see even they the earth, mother of the giants that made war have returns and vicissitudes; for certain it is, against Jupiter, and were by him destroyed, that ordnance was known in the city of Oxy- thereupon in anger brought forth fame; for draces, in India ; and was that which the certain it is, that rebels, figured by the giants Macedonians called thunder and lightning, and seditious fames and libels, are but bro. and magic ; and it is well known that the thers and sisters, masculine and feminine : use of ordnance hath been in China above but now if a man can tame this monster, and two thousand years. The conditions of wea bring her to feed at the hand and govern her, pons, and their improvements are, first, the and with her fly other ravening fowl and kili fetching afar off; for that outruns the danger, them, it is somewhat worth : but we are in. as it is seen in ordnance and muskets; se. fected with the style of the poets. To speak condly, the strength of the percussion ; now in a sad and serious manner, there is wherein likewise ordnance do exceed all arie. pot in all the politics a place less handled, tations and ancient inventions : the third is, and more worthy to be handled, than of this the commodious use of them; as that they fame; we will, therefore, speak of these may serve in all weathers, that the carriage points: what are false fames ; and what are may be light and manageable, and the like. true fames ; and how they may be best disFor the conduct of the war:

at the

cerned; how fames may be sown and raised; first, men rested extremely upon number;" how they may be spread and multiplied ; they did put the wars likewise upon main and how they may be checked and laid dead; force and valour, pointing days for pitched and other things concerning the nature of fields, and so trying it out upon an even fame. Fame is of that force, as there is match ; and they were more ignorant in scarcely any great action wherein it hath not ranging and arraying their battles. After

a great part, especially in the war. Mucianus they grew to rest upon number, rather com undid Vitellius by a fame that he scattered, petent than vast; they grew to advantages of that Vitellius had in purpose to move the place, cunning diversions, and the like ; and legions of Syria into Germany, and the legions they grew more skilful in the ordering of of Germany into Syria; whereupon the their battles.

legions of Syria were infinitely inflamed. In the youth of a state arms do flourish; Julius Cæsar took Pompey unprovided, and in the middle age of a state, learning; and laid asleep his industry and preparations by then both of them together for a time; in a fame that he cunningly gave out, how the declining age of a state, mechanical arts Cæsar's own soldiers loved him not; and and merchandise. Learning hath its infancy, being wearied with the wars, and laden with when it is but beginning, and almost childish; the spoils of Gaul, would forsake him as then its youth, when it is luxuriant and soon as he came into Italy. Livia settled all juvenile; then its strength of years, when things for the succession of her son Tiberius, it is solid and reduced; and, lastly, its old by continually giving out that her husband age, when it waxeth dry and exhaust; but Augustus was upon recovery and amendit is not good to look too long upon these ment; and it is an usual thing with the baturning wheels of vicissitude, lest we become shaws to conceal the death of the Great Turk giddy : as for the philology of them, that is from the Japissaries and men of war, to save but a circle of tales, and therefore not fit for the sacking of Constantinople, and other this writing

towns, as their manner is. Themistocles made Xerxes, king of Persia, post apace out

of Græcia, by giving out that the Græcians A FRAGMENT OF AN ESSAY OF

had a purpose to break his bridge of ships FAME.

which he had made athwart the Hellesponta THE poets make Fame a monster: they de There be a thousand such like examples, and scribe her in part finely and elegantly, and in the more they are the less they need to be repart gravely and sententiously: they say, peated, because a man meeteth with them look how many feathers she hath, so many every where; wherefore let all wise governors eyes she hath underneath, so many tongues, have as great a watch and care over fames, as so many voices, she pricks up so many ears. they have of the actions and designs them

This is a flourish; there follow excellent selves. parables ; as that she gathereth strength in going; that she goeth upon the ground, and THE REST WAS NOT FINISHEN.

Prirlod and Published by J. Limbird, 143, Strand.

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