No More Learning

That there be
two rates of usury: the one free, and general for all; the other
under license only, to certain persons, and in certain places of
merchandizing. First, therefore, let usury in general, be reduced to
five in the hundred; and let that rate be proclaimed, to be free and
current; and let the state shut itself out, to take any penalty for the
same. This will preserve borrowing, from any general stop or dryness.
This will ease infinite borrowers in the country. This will, in good
part, raise the price of land, because land purchased at sixteen years'
purchase will yield six in the hundred, and somewhat more; whereas this
rate of interest, yields but five. This by like reason will encourage,
and edge, industrious and profitable improvements; because many will
rather venture in that kind, than take five in the hundred, especially
having been used to greater profit. Secondly, let there be certain
persons licensed, to lend to known merchants, upon usury at a higher
rate; and let it be with the cautions following. Let the rate be, even
with the merchant himself, somewhat more easy than that he used formerly
to pay; for by that means, all borrowers, shall have some ease by this
reformation, be he merchant, or whosoever. Let it be no bank or common
stock, but every man be master of his own money. Not that I altogether
mislike banks, but they will hardly be brooked, in regard of certain
suspicions. Let the state be answered some small matter for the license,
and the rest left to the lender; for if the abatement be but small,
it will no whit discourage the lender. For he, for example, that took
before ten or nine in the hundred, will sooner descend to eight in the
hundred than give over his trade of usury, and go from certain gains, to
gains of hazard. Let these licensed lenders be in number indefinite, but
restrained to certain principal cities and towns of merchandizing;
for then they will be hardly able to color other men's moneys in the
country: so as the license of nine will not suck away the current rate
of five; for no man will send his moneys far off, nor put them into
unknown hands.

If it be objected that this doth in a sort authorize usury, which
before, was in some places but permissive; the answer is, that it is
better to mitigate usury, by declaration, than to suffer it to rage, by
connivance.




Of Youth And Age


A MAN that is young in years, may be old in hours, if he have lost no
time. But that happeneth rarely. Generally, youth is like the first
cogitations, not so wise as the second. For there is a youth in
thoughts, as well as in ages. And yet the invention of young men, is
more lively than that of old; and imaginations stream into their minds
better, and, as it were, more divinely. Natures that have much heat, and
great and violent desires and perturbations, are not ripe for action,
till they have passed the meridian of their years; as it was with
Julius Caesar and Septimius Severus. Of the latter, of whom it is said,
Juventutem egit erroribus, imo furoribus, plenam. And yet he was the
ablest emperor, almost, of all the list. But reposed natures may do well
in youth. As it is seen in Augustus Caesar, Cosmus Duke of Florence,
Gaston de Foix, and others. On the other side, heat and vivacity in
age, is an excellent composition for business. Young men are fitter
to invent, than to judge; fitter for execution, than for counsel; and
fitter for new projects, than for settled business. For the experience
of age, in things that fall within the compass of it, directeth them;
but in new things, abuseth them.

The errors of young men, are the ruin of business; but the errors of
aged men, amount but to this, that more might have been done, or sooner.
Young men, in the conduct and manage of actions, embrace more than
they can hold; stir more than they can quiet; fly to the end, without
consideration of the means and degrees; pursue some few principles,
which they have chanced upon absurdly; care not to innovate, which draws
unknown inconveniences; use extreme remedies at first; and, that which
doubleth all errors, will not acknowledge or retract them; like an
unready horse, that will neither stop nor turn. Men of age object too
much, consult too long, adventure too little, repent too soon, and
seldom drive business home to the full period, but content themselves
with a mediocrity of success. Certainly it is good to compound
employments of both; for that will be good for the present, because the
virtues of either age, may correct the defects of both; and good for
succession, that young men may be learners, while men in age are actors;
and, lastly, good for extern accidents, because authority followeth old
men, and favor and popularity, youth. But for the moral part, perhaps
youth will have the pre-eminence, as age hath for the politic. A certain
rabbin, upon the text, Your young men shall see visions, and your old
men shall dream dreams, inferreth that young men, are admitted nearer to
God than old, because vision, is a clearer revelation, than a dream.
And certainly, the more a man drinketh of the world, the more it
intoxicateth; and age doth profit rather in the powers of understanding,
than in the virtues of the will and affections. There be some, have an
over-early ripeness in their years, which fadeth betimes. These are,
first, such as have brittle wits, the edge whereof is soon turned; such
as was Hermogenes the rhetorician, whose books are exceeding subtle;
who afterwards waxed stupid. A second sort, is of those that have some
natural dispositions which have better grace in youth, than in age; such
as is a fluent and luxuriant speech; which becomes youth well, but not
age: so Tully saith of Hortensius, Idem manebat, neque idem decebat.
The third is of such, as take too high a strain at the first, and
are magnanimous, more than tract of years can uphold. As was Scipio
Africanus, of whom Livy saith in effect, Ultima primis cedebant.




Of Beauty


VIRTUE is like a rich stone, best plain set; and surely virtue is best,
in a body that is comely, though not of delicate features; and that hath
rather dignity of presence, than beauty of aspect. Neither is it almost
seen, that very beautiful persons are otherwise of great virtue; as
if nature were rather busy, not to err, than in labor to produce
excellency. And therefore they prove accomplished, but not of great
spirit; and study rather behavior, than virtue. But this holds not
always: for Augustus Caesar, Titus Vespasianus, Philip le Belle of
France, Edward the Fourth of England, Alcibiades of Athens, Ismael
the Sophy of Persia, were all high and great spirits; and yet the most
beautiful men of their times. In beauty, that of favor, is more than
that of color; and that of decent and gracious motion, more than that of
favor. That is the best part of beauty, which a picture cannot express;
no, nor the first sight of the life. There is no excellent beauty, that
hath not some strangeness in the proportion. A man cannot tell whether
Apelles, or Albert Durer, were the more trifler; whereof the one, would
make a personage by geometrical proportions; the other, by taking the
best parts out of divers faces, to make one excellent. Such personages,
I think, would please nobody, but the painter that made them. Not but I
think a painter may make a better face than ever was; but he must do
it by a kind of felicity (as a musician that maketh an excellent air in
music), and not by rule. A man shall see faces, that if you examine them
part by part, you shall find never a good; and yet altogether do well.
If it be true that the principal part of beauty is in decent motion,
certainly it is no marvel, though persons in years seem many times more
amiable; pulchrorum autumnus pulcher; for no youth can be comely but by
pardon, and considering the youth, as to make up the comeliness. Beauty
is as summer fruits, which are easy to corrupt, and cannot last; and
for the most part it makes a dissolute youth, and an age a little out of
countenance; but yet certainly again, if it light well, it maketh virtue
shine, and vices blush.




Of Deformity


DEFORMED persons are commonly even with nature; for as nature hath
done ill by them, so do they by nature; being for the most part (as
the Scripture saith) void of natural affection; and so they have their
revenge of nature. Certainly there is a consent, between the body and
the mind; and where nature erreth in the one, she ventureth in the
other. Ubi peccat in uno, periclitatur in altero. But because there is,
in man, an election touching the frame of his mind, and a necessity in
the frame of his body, the stars of natural inclination are sometimes
obscured, by the sun of discipline and virtue. Therefore it is good to
consider of deformity, not as a sign, which is more deceivable; but as a
cause, which seldom faileth of the effect. Whosoever hath anything fixed
in his person, that doth induce contempt, hath also a perpetual spur
in himself, to rescue and deliver himself from scorn. Therefore all
deformed persons, are extreme bold. First, as in their own defence, as
being exposed to scorn; but in process of time, by a general habit. Also
it stirreth in them industry, and especially of this kind, to watch and
observe the weakness of others, that they may have somewhat to repay.
Again, in their superiors, it quencheth jealousy towards them, as
persons that they think they may, at pleasure, despise: and it layeth
their competitors and emulators asleep; as never believing they should
be in possibility of advancement, till they see them in possession.
So that upon the matter, in a great wit, deformity is an advantage to
rising. Kings in ancient times (and at this present in some countries)
were wont to put great trust in eunuchs; because they that are envious
towards all are more obnoxious and officious, towards one. But yet
their trust towards them, hath rather been as to good spials, and good
whisperers, than good magistrates and officers. And much like is the
reason of deformed persons. Still the ground is, they will, if they be
of spirit, seek to free themselves from scorn; which must be either by
virtue or malice; and therefore let it not be marvelled, if sometimes
they prove excellent persons; as was Agesilaus, Zanger the son of
Solyman, AEsop, Gasca, President of Peru; and Socrates may go likewise
amongst them; with others.




Of Building


HOUSES are built to live in, and not to look on; therefore let use be
preferred before uniformity, except where both may be had. Leave the
goodly fabrics of houses, for beauty only, to the enchanted palaces of
the poets; who build them with small cost. He that builds a fair house,
upon an ill seat, committeth himself to prison. Neither do I reckon it
an ill seat, only where the air is unwholesome; but likewise where the
air is unequal; as you shall see many fine seats set upon a knap of
ground, environed with higher hills round about it; whereby the heat
of the sun is pent in, and the wind gathereth as in troughs; so as you
shall have, and that suddenly, as great diversity of heat and cold as if
you dwelt in several places. Neither is it ill air only that maketh
an ill seat, but ill ways, ill markets; and, if you will consult with
Momus, ill neighbors. I speak not of many more; want of water; want of
wood, shade, and shelter; want of fruitfulness, and mixture of grounds
of several natures; want of prospect; want of level grounds; want of
places at some near distance for sports of hunting, hawking, and races;
too near the sea, too remote; having the commodity of navigable rivers,
or the discommodity of their overflowing; too far off from great
cities, which may hinder business, or too near them, which lurcheth all
provisions, and maketh everything dear; where a man hath a great living
laid together, and where he is scanted: all which, as it is impossible
perhaps to find together, so it is good to know them, and think of them,
that a man may take as many as he can; and if he have several dwellings,
that he sort them so that what he wanteth in the one, he may find in
the other. Lucullus answered Pompey well; who, when he saw his stately
galleries, and rooms so large and lightsome, in one of his houses, said,
Surely an excellent place for summer, but how do you in winter? Lucullus
answered, Why, do you not think me as wise as some fowl are, that ever
change their abode towards the winter?

To pass from the seat, to the house itself; we will do as Cicero doth
in the orator's art; who writes books De Oratore, and a book he entitles
Orator; whereof the former, delivers the precepts of the art, and the
latter, the perfection. We will therefore describe a princely palace,
making a brief model thereof. For it is strange to see, now in Europe,
such huge buildings as the Vatican and Escurial and some others be, and
yet scarce a very fair room in them.

First, therefore, I say you cannot have a perfect palace except you have
two several sides; a side for the banquet, as it is spoken of in the
book of Hester, and a side for the household; the one for feasts and
triumphs, and the other for dwelling. I understand both these sides to
be not only returns, but parts of the front; and to be uniform without,
though severally partitioned within; and to be on both sides of a great
and stately tower, in the midst of the front, that, as it were, joineth
them together on either hand. I would have on the side of the banquet,
in front, one only goodly room above stairs, of some forty foot high;
and under it a room for a dressing, or preparing place, at times of
triumphs. On the other side, which is the household side, I wish
it divided at the first, into a hall and a chapel (with a partition
between); both of good state and bigness; and those not to go all the
length, but to have at the further end, a winter and a summer parlor,
both fair. And under these rooms, a fair and large cellar, sunk under
ground; and likewise some privy kitchens, with butteries and pantries,
and the like. As for the tower, I would have it two stories, of eighteen
foot high apiece, above the two wings; and a goodly leads upon the
top, railed with statuas interposed; and the same tower to be divided
into rooms, as shall be thought fit. The stairs likewise to the upper
rooms, let them be upon a fair open newel, and finely railed in, with
images of wood, cast into a brass color; and a very fair landing-place
at the top. But this to be, if you do not point any of the lower rooms,
for a dining place of servants. For otherwise, you shall have the
servants' dinner after your own: for the steam of it, will come up as in
a tunnel. And so much for the front. Only I understand the height of the
first stairs to be sixteen foot, which is the height of the lower room.

Beyond this front, is there to be a fair court, but three sides of it,
of a far lower building than the front. And in all the four corners of
that court, fair staircases, cast into turrets, on the outside, and not
within the row of buildings themselves. But those towers, are not to
be of the height of the front, but rather proportionable to the lower
building. Let the court not be paved, for that striketh up a great heat
in summer, and much cold in winter. But only some side alleys, with a
cross, and the quarters to graze, being kept shorn, but not too near
shorn. The row of return on the banquet side, let it be all stately
galleries: in which galleries let there be three, or five, fine cupolas
in the length of it, placed at equal distance; and fine colored windows
of several works. On the household side, chambers of presence and
ordinary entertainments, with some bed-chambers; and let all three sides
be a double house, without thorough lights on the sides, that you may
have rooms from the sun, both for forenoon and afternoon. Cast it also,
that you may have rooms, both for summer and winter; shady for summer,
and warm for winter. You shall have sometimes fair houses so full of
glass, that one cannot tell where to become, to be out of the sun or
cold. For inbowed windows, I hold them of good use (in cities, indeed,
upright do better, in respect of the uniformity towards the street); for
they be pretty retiring places for conference; and besides, they keep
both the wind and sun off; for that which would strike almost through
the room, doth scarce pass the window. But let them be but few, four in
the court, on the sides only.

Beyond this court, let there be an inward court, of the same square and
height; which is to be environed with the garden on all sides; and in
the inside, cloistered on all sides, upon decent and beautiful arches,
as high as the first story. On the under story, towards the garden, let
it be turned to a grotto, or a place of shade, or estivation. And only
have opening and windows towards the garden; and be level upon the
floor, no whit sunken under ground, to avoid all dampishness. And let
there be a fountain, or some fair work of statuas, in the midst of this
court; and to be paved as the other court was. These buildings to be for
privy lodgings on both sides; and the end for privy galleries. Whereof
you must foresee that one of them be for an infirmary, if the prince
or any special person should be sick, with chambers, bed-chamber,
antecamera, and recamera joining to it. This upon the second story. Upon
the ground story, a fair gallery, open, upon pillars; and upon the third
story likewise, an open gallery, upon pillars, to take the prospect and
freshness of the garden. At both corners of the further side, by way
of return, let there be two delicate or rich cabinets, daintily paved,
richly hanged, glazed with crystalline glass, and a rich cupola in the
midst; and all other elegancy that may be thought upon. In the upper
gallery too, I wish that there may be, if the place will yield it,
some fountains running in divers places from the wall, with some fine
avoidances. And thus much for the model of the palace; save that you
must have, before you come to the front, three courts. A green court
plain, with a wall about it; a second court of the same, but more
garnished, with little turrets, or rather embellishments, upon the wall;
and a third court, to make a square with the front, but not to be built,
nor yet enclosed with a naked wall, but enclosed with terraces, leaded
aloft, and fairly garnished, on the three sides; and cloistered on the
inside, with pillars, and not with arches below. As for offices, let
them stand at distance, with some low galleries, to pass from them to
the palace itself.




Of Gardens


GOD Almighty first planted a garden. And indeed it is the purest of
human pleasures. It is the greatest refreshment to the spirits of man;
without which, buildings and palaces are but gross handiworks; and a man
shall ever see, that when ages grow to civility and elegancy, men come
to build stately sooner than to garden finely; as if gardening were
the greater perfection. I do hold it, in the royal ordering of gardens,
there ought to be gardens, for all the months in the year; in which
severally things of beauty may be then in season. For December, and
January, and the latter part of November, you must take such things as
are green all winter: holly; ivy; bays; juniper; cypress-trees; yew;
pine-apple-trees; fir-trees; rosemary; lavender; periwinkle, the white,
the purple, and the blue; germander; flags; orange-trees; lemon-trees;
and myrtles, if they be stoved; and sweet marjoram, warm set.
There followeth, for the latter part of January and February, the
mezereon-tree, which then blossoms; crocus vernus, both the yellow and
the grey; primroses, anemones; the early tulippa; hyacinthus orientalis;
chamairis; fritellaria. For March, there come violets, specially the
single blue, which are the earliest; the yellow daffodil; the daisy; the
almond-tree in blossom; the peach-tree in blossom; the cornelian-tree
in blossom; sweet-briar. In April follow the double white violet; the
wallflower; the stock-gilliflower; the cowslip; flowerdelices, and
lilies of all natures; rosemary-flowers; the tulippa; the double peony;
the pale daffodil; the French honeysuckle; the cherry-tree in blossom;
the damson and plum-trees in blossom; the white thorn in leaf; the
lilac-tree. In May and June come pinks of all sorts, specially the
blushpink; roses of all kinds, except the musk, which comes later;
honeysuckles; strawberries; bugloss; columbine; the French marigold,
flos Africanus; cherry-tree in fruit; ribes; figs in fruit; rasps;
vineflowers; lavender in flowers; the sweet satyrian, with the white
flower; herba muscaria; lilium convallium; the apple-tree in blossom.
In July come gilliflowers of all varieties; musk-roses; the lime-tree in
blossom; early pears and plums in fruit; jennetings, codlins. In
August come plums of all sorts in fruit; pears; apricocks; berberries;
filberds; musk-melons; monks-hoods, of all colors. In September come
grapes; apples; poppies of all colors; peaches; melocotones; nectarines;
cornelians; wardens; quinces. In October and the beginning of November
come services; medlars; bullaces; roses cut or removed to come late;
hollyhocks; and such like. These particulars are for the climate of
London; but my meaning is perceived, that you may have ver perpetuum, as
the place affords.

And because the breath of flowers is far sweeter in the air (where it
comes and goes like the warbling of music) than in the hand, therefore
nothing is more fit for that delight, than to know what be the flowers
and plants that do best perfume the air. Roses, damask and red, are fast
flowers of their smells; so that you may walk by a whole row of them,
and find nothing of their sweetness; yea though it be in a morning's
dew. Bays likewise yield no smell as they grow. Rosemary little; nor
sweet marjoram. That which above all others yields the sweetest smell
in the air is the violet, specially the white double violet, which comes
twice a year; about the middle of April, and about Bartholomew-tide.
Next to that is the musk-rose. Then the strawberry-leaves dying, which
yield a most excellent cordial smell. Then the flower of vines; it is
a little dust, like the dust of a bent, which grows upon the cluster in
the first coming forth. Then sweet-briar. Then wall-flowers, which are
very delightful to be set under a parlor or lower chamber window.
Then pinks and gilliflowers, especially the matted pink and clove
gilliflower. Then the flowers of the lime-tree. Then the honeysuckles,
so they be somewhat afar off. Of beanflowers I speak not, because they
are field flowers. But those which perfume the air most delightfully,
not passed by as the rest, but being trodden upon and crushed, are
three; that is, burnet, wildthyme, and watermints. Therefore you are to
set whole alleys of them, to have the pleasure when you walk or tread.

For gardens (speaking of those which are indeed princelike, as we have
done of buildings), the contents ought not well to be under thirty acres
of ground; and to be divided into three parts; a green in the entrance;
a heath or desert in the going forth; and the main garden in the midst;
besides alleys on both sides. And I like well that four acres of ground
be assigned to the green; six to the heath; four and four to either
side; and twelve to the main garden. The green hath two pleasures: the
one, because nothing is more pleasant to the eye than green grass kept
finely shorn; the other, because it will give you a fair alley in the
midst, by which you may go in front upon a stately hedge, which is to
enclose the garden. But because the alley will be long, and, in great
heat of the year or day, you ought not to buy the shade in the garden,
by going in the sun through the green, therefore you are, of either side
the green, to plant a covert alley upon carpenter's work, about twelve
foot in height, by which you may go in shade into the garden. As for the
making of knots or figures, with divers colored earths, that they may
lie under the windows of the house on that side which the garden stands,
they be but toys; you may see as good sights, many times, in tarts. The
garden is best to be square, encompassed on all the four sides with a
stately arched hedge. The arches to be upon pillars of carpenter's work,
of some ten foot high, and six foot broad; and the spaces between of the
same dimension with the breadth of the arch. Over the arches let there
be an entire hedge of some four foot high, framed also upon carpenter's
work; and upon the upper hedge, over every arch, a little turret, with
a belly, enough to receive a cage of birds: and over every space between
the arches some other little figure, with broad plates of round colored
glass gilt, for the sun to play upon. But this hedge I intend to be
raised upon a bank, not steep, but gently slope, of some six foot, set
all with flowers. Also I understand, that this square of the garden,
should not be the whole breadth of the ground, but to leave on either
side, ground enough for diversity of side alleys; unto which the two
covert alleys of the green, may deliver you. But there must be no alleys
with hedges, at either end of this great enclosure; not at the hither
end, for letting your prospect upon this fair hedge from the green; nor
at the further end, for letting your prospect from the hedge, through
the arches upon the heath.

For the ordering of the ground, within the great hedge, I leave it to
variety of device; advising nevertheless, that whatsoever form you cast
it into, first, it be not too busy, or full of work. Wherein I, for my
part, do not like images cut out in juniper or other garden stuff; they
be for children. Little low hedges, round, like welts, with some pretty
pyramids, I like well; and in some places, fair columns upon frames of
carpenter's work. I would also have the alleys, spacious and fair. You
may have closer alleys, upon the side grounds, but none in the main
garden. I wish also, in the very middle, a fair mount, with three
ascents, and alleys, enough for four to walk abreast; which I would
have to be perfect circles, without any bulwarks or embossments; and the
whole mount to be thirty foot high; and some fine banqueting-house, with
some chimneys neatly cast, and without too much glass.

For fountains, they are a great beauty and refreshment; but pools mar
all, and make the garden unwholesome, and full of flies and frogs.
Fountains I intend to be of two natures: the one that sprinkleth or
spouteth water; the other a fair receipt of water, of some thirty or
forty foot square, but without fish, or slime, or mud. For the first,
the ornaments of images gilt, or of marble, which are in use, do well:
but the main matter is so to convey the water, as it never stay,
either in the bowls or in the cistern; that the water be never by
rest discolored, green or red or the like; or gather any mossiness or
putrefaction. Besides that, it is to be cleansed every day by the hand.
Also some steps up to it, and some fine pavement about it, doth well. As
for the other kind of fountain, which we may call a bathing pool, it
may admit much curiosity and beauty; wherewith we will not trouble
ourselves: as, that the bottom be finely paved, and with images; the
sides likewise; and withal embellished with colored glass, and such
things of lustre; encompassed also with fine rails of low statuas. But
the main point is the same which we mentioned in the former kind of
fountain; which is, that the water be in perpetual motion, fed by a
water higher than the pool, and delivered into it by fair spouts, and
then discharged away under ground, by some equality of bores, that it
stay little. And for fine devices, of arching water without spilling,
and making it rise in several forms (of feathers, drinking glasses,
canopies, and the like), they be pretty things to look on, but nothing
to health and sweetness.

For the heath, which was the third part of our plot, I wish it to be
framed, as much as may be, to a natural wildness. Trees I would have
none in it, but some thickets made only of sweet-briar and honeysuckle,
and some wild vine amongst; and the ground set with violets,
strawberries, and primroses. For these are sweet, and prosper in the
shade. And these to be in the heath, here and there, not in any order. I
like also little heaps, in the nature of mole-hills (such as are in wild
heaths), to be set, some with wild thyme; some with pinks; some with
germander, that gives a good flower to the eye; some with periwinkle;
some with violets; some with strawberries; some with cowslips; some with
daisies; some with red roses; some with lilium convallium; some with
sweet-williams red; some with bear's-foot: and the like low flowers,
being withal sweet and sightly. Part of which heaps, are to be with
standards of little bushes pricked upon their top, and part without. The
standards to be roses; juniper; holly; berberries (but here and there,
because of the smell of their blossoms); red currants; gooseberries;
rosemary; bays; sweetbriar; and such like. But these standards to be
kept with cutting, that they grow not out of course.

For the side grounds, you are to fill them with variety of alleys,
private, to give a full shade, some of them, wheresoever the sun be.
You are to frame some of them, likewise, for shelter, that when the
wind blows sharp you may walk as in a gallery. And those alleys must
be likewise hedged at both ends, to keep out the wind; and these closer
alleys must be ever finely gravelled, and no grass, because of going
wet. In many of these alleys, likewise, you are to set fruit-trees
of all sorts; as well upon the walls, as in ranges. And this would be
generally observed, that the borders wherein you plant your fruit-trees,
be fair and large, and low, and not steep; and set with fine flowers,
but thin and sparingly, lest they deceive the trees. At the end of both
the side grounds, I would have a mount of some pretty height, leaving
the wall of the enclosure breast high, to look abroad into the fields.

For the main garden, I do not deny, but there should be some fair
alleys ranged on both sides, with fruit-trees; and some pretty tufts of
fruit-trees, and arbors with seats, set in some decent order; but these
to be by no means set too thick; but to leave the main garden so as it
be not close, but the air open and free. For as for shade, I would have
you rest upon the alleys of the side grounds, there to walk, if you be
disposed, in the heat of the year or day; but to make account, that the
main garden is for the more temperate parts of the year; and in the heat
of summer, for the morning and the evening, or overcast days.

For aviaries, I like them not, except they be of that largeness as they
may be turfed, and have living plants and bushes set in them; that the
birds may have more scope, and natural nesting, and that no foulness
appear in the floor of the aviary. So I have made a platform of a
princely garden, partly by precept, partly by drawing, not a model, but
some general lines of it; and in this I have spared for no cost. But it
is nothing for great princes, that for the most part taking advice with
workmen, with no less cost set their things together; and sometimes add
statuas and such things for state and magnificence, but nothing to the
true pleasure of a garden.




Of Negotiating


IT IS generally better to deal by speech than by letter; and by the
mediation of a third than by a man's self. Letters are good, when a man
would draw an answer by letter back again; or when it may serve for a
man's justification afterwards to produce his own letter; or where it
may be danger to be interrupted, or heard by pieces. To deal in person
is good, when a man's face breedeth regard, as commonly with inferiors;
or in tender cases, where a man's eye, upon the countenance of him with
whom he speaketh, may give him a direction how far to go; and generally,
where a man will reserve to himself liberty, either to disavow or to
expound. In choice of instruments, it is better to choose men of a
plainer sort, that are like to do that, that is committed to them,
and to report back again faithfully the success, than those that are
cunning, to contrive, out of other men's business, somewhat to grace
themselves, and will help the matter in report for satisfaction's sake.
Use also such persons as affect the business, wherein they are employed;
for that quickeneth much; and such, as are fit for the matter; as bold
men for expostulation, fair-spoken men for persuasion, crafty men for
inquiry and observation, froward, and absurd men, for business that
doth not well bear out itself. Use also such as have been lucky, and
prevailed before, in things wherein you have employed them; for that
breeds confidence, and they will strive to maintain their prescription.
It is better to sound a person, with whom one deals afar off, than to
fall upon the point at first; except you mean to surprise him by some
short question. It is better dealing with men in appetite, than with
those that are where they would be. If a man deal with another upon
conditions, the start or first performance is all; which a man cannot
reasonably demand, except either the nature of the thing be such, which
must go before; or else a man can persuade the other party, that he
shall still need him in some other thing; or else that he be counted
the honester man. All practice is to discover, or to work. Men discover
themselves in trust, in passion, at unawares, and of necessity, when
they would have somewhat done, and cannot find an apt pretext. If you
would work any man, you must either know his nature and fashions, and
so lead him; or his ends, and so persuade him; or his weakness and
disadvantages, and so awe him; or those that have interest in him, and
so govern him. In dealing with cunning persons, we must ever consider
their ends, to interpret their speeches; and it is good to say little
to them, and that which they least look for.
In all negotiations of
difficulty, a man may not look to sow and reap at once; but must prepare
business, and so ripen it by degrees.




Of Followers And Friends


COSTLY followers are not to be liked; lest while a man maketh his train
longer, he make his wings shorter. I reckon to be costly, not them alone
which charge the purse, but which are wearisome, and importune in
suits. Ordinary followers ought to challenge no higher conditions,
than countenance, recommendation, and protection from wrongs. Factious
followers are worse to be liked, which follow not upon affection to
him, with whom they range themselves, but upon discontentment conceived
against some other; whereupon commonly ensueth that ill intelligence,
that we many times see between great personages. Likewise glorious
followers, who make themselves as trumpets of the commendation of those
they follow, are full of inconvenience; for they taint business through
want of secrecy; and they export honor from a man, and make him a return
in envy. There is a kind of followers likewise, which are dangerous,
being indeed espials; which inquire the secrets of the house, and bear
tales of them, to others. Yet such men, many times, are in great favor;
for they are officious, and commonly exchange tales. The following by
certain estates of men, answerable to that, which a great person himself
professeth (as of soldiers, to him that hath been employed in the wars,
and the like), hath ever been a thing civil, and well taken, even in
monarchies; so it be without too much pomp or popularity. But the most
honorable kind of following, is to be followed as one, that apprehendeth
to advance virtue, and desert, in all sorts of persons. And yet, where
there is no eminent odds in sufficiency, it is better to take with the
more passable, than with the more able. And besides, to speak truth, in
base times, active men are of more use than virtuous. It is true that
in government, it is good to use men of one rank equally: for to
countenance some extraordinarily, is to make them insolent, and the rest
discontent; because they may claim a due. But contrariwise, in favor,
to use men with much difference and election is good; for it maketh the
persons preferred more thankful, and the rest more officious: because
all is of favor. It is good discretion, not to make too much of any
man at the first; because one cannot hold out that proportion. To be
governed (as we call it) by one is not safe; for it shows softness, and
gives a freedom, to scandal and disreputation; for those, that would
not censure or speak ill of a man immediately, will talk more boldly of
those that are so great with them, and thereby wound their honor. Yet
to be distracted with many is worse; for it makes men to be of the last
impression, and full of change. To take advice of some few friends, is
ever honorable; for lookers-on many times see more than gamesters; and
the vale best discovereth the hill. There is little friendship in the
world, and least of all between equals, which was wont to be magnified.
That that is, is between superior and inferior, whose fortunes may
comprehend the one the other.




Of Suitors


MANY ill matters and projects are undertaken; and private suits do
putrefy the public good. Many good matters, are undertaken with bad
minds; I mean not only corrupt minds, but crafty minds, that intend not
performance. Some embrace suits, which never mean to deal effectually
in them; but if they see there may be life in the matter, by some other
mean, they will be content to win a thank, or take a second reward, or
at least to make use, in the meantime, of the suitor's hopes. Some take
hold of suits, only for an occasion to cross some other; or to make an
information, whereof they could not otherwise have apt pretext; without
care what become of the suit, when that turn is served; or, generally,
to make other men's business a kind of entertainment, to bring in their
own. Nay, some undertake suits, with a full purpose to let them fall; to
the end to gratify the adverse party, or competitor. Surely there is in
some sort a right in every suit; either a right of equity, if it be a
suit of controversy; or a right of desert, if it be a suit of petition.
If affection lead a man to favor the wrong side in justice, let him
rather use his countenance to compound the matter, than to carry it. If
affection lead a man to favor the less worthy in desert, let him do it,
without depraving or disabling the better deserver. In suits which a
man doth not well understand, it is good to refer them to some friend
of trust and judgment, that may report, whether he may deal in them with
honor: but let him choose well his referendaries, for else he may be led
by the nose. Suitors are so distasted with delays and abuses, that plain
dealing, in denying to deal in suits at first, and reporting the success
barely, and in challenging no more thanks than one hath deserved, is
grown not only honorable, but also gracious. In suits of favor, the
first coming ought to take little place: so far forth, consideration
may be had of his trust, that if intelligence of the matter could not
otherwise have been had, but by him, advantage be not taken of the note,
but the party left to his other means; and in some sort recompensed, for
his discovery. To be ignorant of the value of a suit, is simplicity;
as well as to be ignorant of the right thereof, is want of conscience.
Secrecy in suits, is a great mean of obtaining; for voicing them to be
in forwardness, may discourage some kind of suitors, but doth quicken
and awake others. But timing of the suit is the principal. Timing, I
say, not only in respect of the person that should grant it, but in
respect of those, which are like to cross it. Let a man, in the choice
of his mean, rather choose the fittest mean, than the greatest mean; and
rather them that deal in certain things, than those that are general.
The reparation of a denial, is sometimes equal to the first grant; if
a man show himself neither dejected nor discontented. Iniquum petas ut
aequum feras is a good rule, where a man hath strength of favor: but
otherwise, a man were better rise in his suit; for he, that would have
ventured at first to have lost the suitor, will not in the conclusion
lose both the suitor, and his own former favor. Nothing is thought so
easy a request to a great person, as his letter; and yet, if it be not
in a good cause, it is so much out of his reputation. There are no worse
instruments, than these general contrivers of suits; for they are but a
kind of poison, and infection, to public proceedings.




Of Studies


STUDIES serve for delight, for ornament, and for ability. Their chief
use for delight, is in privateness and retiring; for ornament, is in
discourse; and for ability, is in the judgment, and disposition of
business. For expert men can execute, and perhaps judge of particulars,
one by one; but the general counsels, and the plots and marshalling of
affairs, come best, from those that are learned. To spend too much time
in studies is sloth; to use them too much for ornament, is affectation;
to make judgment wholly by their rules, is the humor of a scholar. They
perfect nature, and are perfected by experience: for natural abilities
are like natural plants, that need proyning, by study; and studies
themselves, do give forth directions too much at large, except they be
bounded in by experience. Crafty men contemn studies, simple men admire
them, and wise men use them; for they teach not their own use; but that
is a wisdom without them, and above them, won by observation. Read not
to contradict and confute; nor to believe and take for granted; nor to
find talk and discourse; but to weigh and consider. Some books are to be
tasted, others to be swallowed, and some few to be chewed and digested;
that is, some books are to be read only in parts; others to be read, but
not curiously; and some few to be read wholly, and with diligence and
attention. Some books also may be read by deputy, and extracts made of
them by others; but that would be only in the less important arguments,
and the meaner sort of books, else distilled books are like common
distilled waters, flashy things. Reading maketh a full man; conference
a ready man; and writing an exact man. And therefore, if a man write
little, he had need have a great memory; if he confer little, he had
need have a present wit: and if he read little, he had need have much
cunning, to seem to know, that he doth not. Histories make men wise;
poets witty; the mathematics subtile; natural philosophy deep; moral
grave; logic and rhetoric able to contend. Abeunt studia in mores. Nay,
there is no stond or impediment in the wit, but may be wrought out
by fit studies; like as diseases of the body, may have appropriate
exercises. Bowling is good for the stone and reins; shooting for the
lungs and breast; gentle walking for the stomach; riding for the
head; and the like. So if a man's wit be wandering, let him study the
mathematics; for in demonstrations, if his wit be called away never so
little, he must begin again. If his wit be not apt to distinguish or
find differences, let him study the Schoolmen; for they are cymini
sectores. If he be not apt to beat over matters, and to call up one
thing to prove and illustrate another, let him study 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.