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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 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 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. 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; neither 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.