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rigour; 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; Judiciis officium est, ut res, ita tem pora 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 over-speaking 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 shew 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 stayed 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. favourites; 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 cun
ning counsel, gross neglect, slight information, indis-. creet pressing, or an over-bold 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 footpace, 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 briers 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 curia, but parasiti curia, 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 сс
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 so 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.
LVII. OF ANGER.
To seek to extinguish anger utterly, is but a bravery of the Stoics. We have better oracles: Be angry, but sin not. Let not the sun go down upon your anger. Anger must be limited and confined, both in race and in time. We will first speak, how the natural inclination and habit, to be angry, may be attempered and calmed. Secondly, how the particular motions of anger may be repressed, or at least refrained from doing mischief. Thirdly, how to raise anger, or appease anger, in another.
For the first, there is no other way, but to meditate and ruminate well upon the effects of anger, how
it troubles man's life. And the best time to do this, is to look back upon anger when the fit is throughly over. Seneca saith well; That anger is like ruin, which breaks itself upon that it falls. The Scripture exhorteth us, to possess our souls in patience. Whosoever is out of patience, is out of possession of his soul. Men must not turn bees;
·Animasque in vulnere ponunt.
Anger is certainly a kind of baseness; as it appears well in the weakness of those subjects in whom it reigns; children, women, old folks, sick folks. Only men must beware, that they carry their anger rather with scorn, than with fear; so that they may seem rather to be above the injury, than below it. Which is a thing easily done, if a man will give law to him
self in it.
For the second point, the causes and motives of anger are chiefly three. First, to be too sensible of hurt; for no man is angry that feels not himself hurt: and therefore tender and delicate persons must needs be oft angry; they have so many things to trouble them, which more robust natures have little sense of. The next is, the apprehension and construction of the injury offered to be, in the circumstances thereof, full of contempt. For contempt is that which putteth an edge upon anger, as much or more than the hurt itself. And therefore when men are ingenious in picking out circumstances of contempt, they do kindle their anger much. Lastly, opinion of the touch of a man's reputation doth multiply and sharpen anger. Wherein the remedy is, that a man should have, as Consalvo was wont to say, telam honoris crassiorem. But in all refrainings of anger, it is the best remedy to win time; and to make a man's self believe, that the opportunity of his revenge is not yet come: but that he foresees a time for it, and so to still himself in the mean time, and reserve it.
To contain anger from mischief, though it take hold of a man, there be two things whereof you must have special caution. The one, of extreme bitterness of words, especially if they be aculeate and proper;
for communia maledicta are nothing so much and again, that in anger a man reveal no secrets; for that makes them not fit for society. The other, that you do not peremptorily break off, in any business, in a fit of anger: but howsoever you shew bitterness, do not act any thing that is not revocable.
For raising and appeasing anger in another; it is done chiefly by choosing of times. When men are frowardest and worst disposed, to incense them. Again, by gathering, as was touched before; all that you can find out to aggravate the contempt: and the two remedies are by the contraries. The former, to take good times, when first to relate to a man an angry business; for the first impression is much. And the other is, to sever, as much as may be, the construction of the injury, from the point of contempt : imputing it to misunderstanding, fear, passion, or what you will.
LVIII. OF VICISSITUDE OF THINGS.
SOLOMON saith, There is no new thing upon the earth so that as Plato had an imagination, that all knowledge was but remembrance; so Solomon giveth his sentence, that all novelty is but oblivion. Whereby you may see, that the river of Lethe runneth as well. above ground as below. There is an abstruse astrologer, that saith, if it were not for two things that are constant (the one is, that the fixed stars ever stand at like distance one from another, and never come. nearer together, nor go farther asunder: the other, that the diurnal motion perpetually keepeth time) no individual would last one moment. Certain it is, that the matter is in a perpetual flux, and never at a stay. The great winding-sheets, that bury all things in oblivion, are two: deluges, and earthquakes. As for conflagrations, and great droughts, they do not merely dispeople and destroy. Phaeton's car went but a day. And the three years drought in the time of Elias, was but particular, and left people alive. As for the great burnings by lightnings, which are often in the West-Indies, they are but narrow, But in the