cil.

Injustice makes it bitter, and Delays make it four. The principal Duty of a Judge, is to fupprefs Force and Fraud; the former whereof is the more pernicious when open; the latter, when close and disguised. Add to this, that contentious Suits fhould be quickly ejected, as the Surfeit of Courts. A Judge. Thould prepare his Way to a juft Sentence, after the Example of God, by raifing Valleys, and levelling Hills. So when a high hand appears on either fide, by a virulent Profecution, Stratagems, Combination, Power, great Patronage, Disparity of Counsel, &c. the Virtue of a Judge appears in bringing all to an Equality; that he may found his Judgment as upon level Ground.

3. Violent Purging forces away Blood; and when the Wine-prefs is hard wrought, it yields a harsh Juice, that taftes of the Stone. Judges fhould therefore avoid hard Conftructions, and ftrain'd Inferences; for there is no worse Torture than the Law upon the Rack. Efpecially in penal Laws, let them be careful, that thofe meant for Terror, be not turned into Rigour; and bring upon the People that Shower of which the Scripture fays, it fhall rain Snares upon them: For penal Laws, executed in their Rigour, are like a Shower of Snares upon a People. Let fuch Laws, therefore, if they have flept long, or are grown unfuitable to the present Time, be, by prudent Judges, reftrained in the Execution. A Judge must regard Times as well as Things. Judges, in capital Caufes, fhould, as far as the Law allows, in the midst of judgment remember mercy; and caft a fevere Eye upon the Offence, but an Eye of Mercy upon the Offender. (2) 4. Secondly, for the Advocates or Pleaders: Patience and Gravity in To the Advo- hearing Caufes is an effential Part of Justice; and a loquacious Judge is cates or Coun- no well-tun'd-Cymbal. 'Tis not commendable in a Judge over-haftily to feize what might in due time come better from the Council; or to fhew a quickness of Thought in cutting Evidence and Pleadings too fhort; or to anticipate Information, even by pertinent Questions. The Office of a Judge upon the Bench, is (1.) to direct the Course of the Evidence; (2.) to moderate the Length, Repetition, or Impertinence of Speeches in the Council, and Witneffes; (3.) to fum up, felect, and compare together the material Points of the Evidence; and (4.) to give Sentence. Whatever goes beyond this, is too much; and proceeds either from Oftentation, fondness for Speaking, impatience of Hearing, weakness of Memory, or want of fedate and equable Attention. 'Tis ftrange to obferve how frequently the Boldnefs of Advocates prevails with the Judge; who is to imitate God, whofe Seat he holds, in curbing the prefumptuous, and erecting the humble. But 'tis ftill ftranger, that Judges fhould have manifeft Favourites among the Council: For this must needs enlarge fuch Councils Fees, and give fufpicion of Corruption, and indirect ways of coming at the Judge. When Caufes are judiciously and fairly pleaded, fome Commendation and Notice is due from the Judge to the Advocate; efpecially on the lofing fide: for this both keeps up the Client's good Opinion of his Council, and renders him lefs conceited of his Caufe. There is likewife due to the Publick a modeft Reprehenfion of Advocates; where there is

crafty

crafty Inftruction, grofs Neglect, flight Information, indecent Preffing, or a too bold Defence. And let not the Council at the Bar interrupt the Judge; nor artfully bring on a new Pleading of the Caufe after Sentence is given. On the other hand, let not the Judge meet the Cause half way; nor give occasion for the Client to complain that his Council and Witneffes were not heard.

5. Thirdly, for Clerks and Officers: The Seat of Juftice is facred; there- (3) fore not only the Bench, but the Ranges, and Precincts thereof, fhould To the Clerks be without Scandal and Corruption. For as grapes are not gathered of thorns, and Officers. nor figs of thiftles; fo neither can Juftice yield a fweet Fruit among the Briars and Brambles of catching and rapacious Clerks and Officers. There are four pernicious Attendants of Courts; viz. (1.) Sowers of contentious Suits; who make a fat Court, and a lean People. (2.) Sticklers for the Jurifdiction of Courts; who, not like Friends as they would feem, but Parafites of the Court, fwell her Pride for their own Advantage. (3.) Perverters of Justice; who may be accounted the left hands of Courts, and are Perfons full of Turns, Shifts, and Devices; whereby they pervert the plain and direct Courfes of Courts, and bring Justice into oblique crooked Ways and Labyrinths; and (4.) Rapacious Exactors; who juftify the common comparifon made of Courts to a Bramble Bush; whereto the Sheep flying for fhelter in bad Weather, leave part of their Fleece behind them. On the other fide; a veteran Clerk, verfed in Precedents, exact in Registring, and diligent in the Business of the Court, is an excellent Finger of a Court; and often points out the Way to the Judge himself.

6. Fourthly, for the Sovereign or State: Judges ought, above all things, to remember the Conclufion of the Roman twelve Tables, Salus populi fuprema lex *; and that Laws, unless in order to that End, are captious things; and Oracles ill infpired. 'Tis therefore happy for the People, when Kings or States frequently confult with Judges; and again, when Judges often confult with Kings or States: the one, when matter of Law arifes in bufinefs of State; the other, when State-Confiderations arise in matter of Law. For it often happens, that a Cafe of Meum and Tuum, may in its Confequence extend to Reasons of State. By extending to Reasons of State, I understand not only what regards the Rights of the Crown; but also whatever may introduce a dangerous Innovation, an unfafe Precedent, or manifeftly opprefs a great number of People. And let no weak Judg ment imagine, that juft Laws and true Policy, have any Oppofition: For they are like the Spirits and Nerves; the one moves within the other. Let Judges remember, that Solomon's Throne was on both fides fupported by Lions: let them be Lions, but Lions under the Throne; and cautious of infringing or oppofing any part of the Royal Prerogative. To conclude; let not Judges be fo ignorant of their own Right and Prerogative, as to think themselves denied a principal part of their Office; viz. a found and L21 prudent

The Good of the People is the Supreme Law.

1 See more upon this Subject in the De Augmentis Scientiar. Sect. XX. and again in the Author's Speeches. SUPPLEMENT IV.

(4-).

To Sovereign

or State.

prudent Ufe and Application of the Law: For they may remember that the Apostle fays of a greater Law than the human; We know that the Law is good, if a man ufe it lawfully'.

The Poetical I.
Description

of Fame.

T

ESSAY VII. Of FAME, or RUMOURS.

HE Poets make Fame a Monster: They describe her on one fide with great Finery and Elegance; but fententioufly on the other. and Origin They fay, how many Feathers he has, fo many Eyes lie underneath; so many Tongues; fo many Voices; fo many Ears. This is a Flourish, but followed with excellent Metaphors; as that the gathers Strength in going, that she walks upon the Ground, yet hides her Head in the Clouds; that in the day-time the fits upon a Watch-Tower, and chiefly flies by Night; that the mixes things done, with things not done; and that fhe is a Terror to great Cities. Above all, they tell us, that the Giants, who made War against Jupiter, being destroyed by him; their Mother, the Earth, incenfed thereat, brought forth Fame, by way of Revenge. For Rebellions, here denoted by the Giants, and feditious Fames, and Libels, are Brothers and Sifters; Male and Female m.

The Subject of Fame im

portant in Politicks.

The great Effects of

2. Now to tame this Monster, bring her to feed at hand, govern her, and flie her at other ravenous Fowl, were worth the Endeavour. To fpeak ferioufly, and without a Metaphor, there is not in all Politicks a Subject lefs handled, than this of Fame. It fhould therefore be enquired; (1.) what are falfe Fames; (2.) what true Fames; (3.) how they may best be difcovered; (4.) how fown and rais'd; (5.) how fpread and multiplied; and (6.) how check'd and laid dead".

3. Fame is fo powerful, that there is fcarce any great Action wherein it has not fome confiderable Share; especially in War. Mucianus ruin'd Vifalfe Fames. tellius by a Fame he had fpread, that Vitellius purpofed to remove the Legions of Syria into Germany; and the Legions of Germany into Syria; whereby the Legions of Syria were violently inflamed. Julius Cæfar took Pompey unprovided, and laid asleep his Industry and Preparations, by a Fame he cunningly gave out, that Cæfar's own Soldiers loved him not; and being wearied with the Wars, and laden with the Spoils of Gaul, would forfake him as foon as he came into Italy. Livia fettled all things for the Succeffion of her Son Tiberius, by continually giving out, that her Husband Auguftus was upon the Recovery. And 'tis ufual with the Bafhaws to conceal the Death of the Grand Signior from the Janizaries; to prevent their facking of Conftantinople, &c. Themistocles made Xerxes poft out of Greece, by fpreading a Rumour, that the Grecians purpofed to break down his Bridge of Ships, which he had made acrofs the Hellefpont. There

are

See more upon this Subject in the De Augment. Scientiar. Sect. XX. and again in the Author's Speeches. SUPPLEMENT IV.

n

See the Fable of Perfeus, explained in the De Augment. Scientiar. Sect. II.

Only the first of thefe Heads is here touch'd upon : The Profecution of the rest being, perhaps, purpofely omitted; that it might not lay fome Secrets of Government too open, See the De Augment. Scientiar. Sect. XXVI.

are thousands of Examples to the fame purpose. Let all wife Governors therefore have as careful a watch over Fames and Rumours, as they have over Actions and Defigns themselves °.

I.

ESSAY VIII. Of VAIN-GLORY, or OSTENTATION.

I

T was elegantly feigned of fop, that a Fly fitting upon the Axle- The Vanity of tree of a Chariot, cry'd out to herself, What a Duft do I raife? For Boafters. thus certain vain and empty Perfons, if they touch but a Business, imagine themselves prime Movers; tho the Motion be either fpontaneous, or excited by greater Means. The vain-glorious are always quarelfome; for Oftentation is grounded on Comparison; and Men of this Caft must needs be violent, in order to effectuate their Boaftings: but they cannot be filent, and therefore commonly effect nothing; according to the French Proverb, Beaucoup de Bruit peu de Fruit P.

7

2. Such Men, however, may fometimes have their Ufe in Life: For where The Ufe of the a Reputation is to be raised, or an Opinion to be spread, whether of Vir- Vain-glorious, in civil Life. tue or Power, they make excellent Trumpeters. Again, Lies on both fides may be fometimes highly ferviceable; as when an Agent, to engage two Princes in a War against a third, feverally exaggerates the Forces of both; or as when he who goes between two, raifes his own Credit with both, by pretending greater Power than he has with either. In these and the like Cafes it often happens, that fomewhat is produced out of nothing: for Lies are fufficient to caufe Opinion; and Opinion brings on Action and Subftance 9.

3. In Commanders alfo, and Gentlemen of the Sword, Vain-glory In martial is of ufe: For as Iron fharpens Iron, fo Soldiers fharpen and excite Men. each others Courage by Boafting and Oftentation. Again, fome Intermixture of vain-glorious Tempers puts Life into Bufinefs; and makes a fit Compofition in grand Enterprizes, and hazardous Undertakings. For Men of folid and fober Natures have more of the Ballast than of the Sail.

4. For Learning; the Flight of its Reputation will be flow, without In the learn fome Feathers of Oftentation. They who write Books upon the Contempt ed. of Glory, ftill add their Names in the Title. Even Ariftotle, Socrates and Galen, were Boafters'. And, certainly, Vain-glory greatly contributes to fpread a Man's Fame: and even Virtue is lefs beholden to human Nature for her Character, than to herself. The Fame of Cicero, Seneca, and Pliny, would fcarce have continued till now, at least not fo lively, had it not been joined with some degree of Vanity and Oftentation in themselves:

For

In order to fupply the Deficiency of this Effay; fee the De Augment. Scientiar. Sect. XXVI. and the third Section of the Sapientia Veterum.

Great Cry and little Wool.

9 Here is a Foundation laid for the Doctrine of Lies; a Subject little touch'd upon; tho of great Importance in Social, Civil and Political Life.

See SUPPLEMENT X.

The prudent Ways of fhewing ones Self to Ad

vantage.

Summary of the Whole.

Praife of the Vulgar often falfe.

The falfe
Colours of
Praise.

For Oftentation is like Varnish, that makes Wood not only fhine, but laft.

5. By Vain-glory and Oftentation I do not here understand the Talent which Tacitus affigns to Mucianus, of fhewing all our Words and Actions to Advantage; which is not the Effect of Vanity, but of Art and Prudence, accompanied with a certain Greatnefs: And in the Perfons who seem by Nature form'd thereto, this is not only a graceful, but a winning and happy Accomplishment. For genteel Excufes, prudent Conceffions, and even Modefty itself well governed, are but Arts of Oftentation. And among these Arts, there is none more fuccessful than that mentioned by Pliny; viz. liberally to praise those Excellencies in others, for which ourfelves are eminent

5. The vain-glorious are the Scorn of wife Men; the Admiration of Fools; the Prey of Parafites; and the Slaves of their own Vanity'.

I.

PRA

ESSAY IX. Of PRAISE.

RAISE is the Reflection of Virtue; and, like Light, participates of the reflecting Body. If it proceed from the Herd, it is commonly false; and rather attends the Vain, than the Virtuous: for the Vulgar have no feeling of many eminent Virtues. The leffer ones extort their Praife; the middle ones raife their Wonder; but of the highest they are quite infenfible. Appearances of Virtues ftrike them most. Hence Fame is like a River, that bears up things light and tumid; but finks those that are ponderous and folid. But if Perfons of Judgment and Worth concur with the Vulgar; it is then that a good Name becomes as precious Ointment; diffuses itself around; and long continues in Vigour: For the Odours of Ointments are more durable than the Odours of Flowers. 2. Praise has so many falfe Colours, that a Man may justly fufpect it. Some Praises proceed merely from Flattery. The common Flatterer has his general Complements, that ferve every Man alike; the cunning Flatterer will exactly copy that arch Flatterer, ones felf; and lay his Praise where ourselves believe it due: but the impudent Flatterer will bear out, that your very Defects are the Virtues which both himself and you are confcious you have not.

you

The Kinds of 3. Some Praises proceed from Good-will, join'd with Refpect. This is Praife. a Form of Civility due to Princes and great Perfonages; which, by painting them well, humbly fhews them what they fhould be. Some Men are praised maliciously, with a Defign of raifing Envy and Jealoufy against them: whence it was proverbial among the Grecians, that he who was praised to his Disadvantage, would have a Pimple rife upon his Nose; as we fay, a Blister will rife upon the Tongue that tells a Lie.

See the De Augmentis Scientiarum. Se&. XXV.

4. Genteel

They are the Slaves of their own Vanity, in thinking themselves fometimes obliged to attempt what they have fo often boafted.