Of Goodness and Goodness Of Nature
I take goodness in this sense, the affecting of the weal of men, which is that the Grecians call philanthropia; and the word humanity (as it is used) is a little too light to express it. Goodness I call the habit, and goodness of nature, the inclination. This of all virtues, and dignities of the mind, is the greatest; being the character of the Deity: and without it, man is a busy, mischievous, wretched thing; no better than a kind of vermin. Goodness answers to the theological virtue, charity, and admits no excess, but error. The desire of power in excess, caused the angels to fall; the desire of knowledge in excess, caused man to fall: but in charity there is no excess; neither can angel, nor man, come in dan ger by it. The inclination to goodness, is imprinted deeply in the nature of man; insomuch, that if it issue not towards men, it will take unto other living creatures; as it is seen in the Turks, a cruel people, who nevertheless are kind to beasts, and give alms, to dogs and birds; insomuch, as Busbechius reporteth, a Christian boy, in Constantinople, had like to have been stoned, for gagging in a waggishness a long-billed fowl. Errors indeed in this virtue of goodness, or charity, may be committed. The Italians have an ungracious proverb, Tanto buon che val niente: so good, that he is good for nothing. And one of the doctors of Italy, Nicholas Machiavel, had the confidence to put in writing, almost in plain terms, That the Christian faith, had given up good men, in prey to those that are tyrannical and unjust. Which he spake, because indeed there was never law, or sect, or opinion, did so much magnify goodness, as the Christian religion doth. Therefore, to avoid the scandal and the danger both, it is good, to take knowledge of the errors of an habit so excellent. Seek the good of other men, but be not in bondage to their faces or fancies; for that is but facility, or softness; which taketh an honest mind prisoner. Neither give thou AEsop's cock a gem, who would be better pleased, and happier, if he had had a barley-corn. The example of God, teacheth the lesson truly: He sendeth his rain, and maketh his sun to shine, upon the just and unjust; but he doth not rain wealth, nor shine honor and virtues, upon men equally. Common benefits, are to be communicate with all; but peculiar benefits, with choice. And beware how in making the portraiture, thou breakest the pattern. For divinity, maketh the love of ourselves the pattern; the love of our neighbors, but the portraiture. Sell all thou hast, and give it to the poor, and follow me: but, sell not all thou hast, except thou come and follow me; that is, except thou have a vocation, wherein thou mayest do as much good, with little means as with great; for otherwise, in feeding the streams, thou driest the fountain. Neither is there only a habit of goodness, directed by right reason; but there is in some men, even in nature, a disposition towards it; as on the other side, there is a natural malignity. For there be, that in their nature do not affect the good of others. The lighter sort of malignity, turneth but to a crassness, or frowardness, or aptness to oppose, or difficulties, or the like; but the deeper sort, to envy and mere mischief. Such men, in other men's calamities, are, as it were, in season, and are ever on the loading part: not so good as the dogs, that licked Lazarus' sores; but like flies, that are still buzzing upon any thing that is raw; misanthropi, that make it their practice, to bring men to the bough, and yet never a tree for the purpose in their gardens, as Timon had. Such dispositions, are the very errors of human nature; and yet they are the fittest timber, to make great politics of; like to knee timber, that is good for ships, that are ordained to be tossed; but not for building houses, that shall stand firm. The parts and signs of goodness, are many. If a man be gracious and courteous to strangers, it shows he is a citizen of the world, and that his heart is no island, cut off from other lands, but a continent, that joins to them. If he be compassionate towards the afflictions of others, it shows that his heart is like the noble tree, that is wounded itself, when it gives the balm. If he easily pardons, and remits offences, it shows that his mind is planted above injuries; so that he cannot be shot. If he be thankful for small benefits, it shows that he weighs men's minds, and not their trash. But above all, if he have St. Paul's perfection, that he would wish to be anathema from Christ, for the salvation of his brethren, it shows much of a divine nature, and a kind of conformity with Christ himself,
Of Great Place
Men in great place are thrice servants: servants of the sovereign or state; servants of fame; and servants of business. So as they have no freedom; neither in their persons, nor in their actions, nor in their times. It is a strange desire, to seek power and to lose liberty: or to seek power over others, and to lose power over a man's self. The rising unto place is laborious; and by pains, men come to greater pains; and it is sometimes base; and by indignities, men come to dignities. The standing is slippery, and the regress is either a downfall, or at least an eclipse, which is a melancholy thing. Cum non sis qui fueris, non esse cur velis vivere. Nay, retire men cannot when they would, neither will they, when it were reason; but are impatient of privateness, even in age and sickness, which require the shadow; like old townsmen, that will be still sitting at their street door, though thereby they offer age to scom. Certainly great persons had need to borrow other men's opinions, to think themselves happy; for if they judge by their own feeling, they cannot find it; but if they think with themselves, what other men think of them, and that other men would fain be, as they are, then they are happy, as it were, by report; when perhaps they find the contrary within. For they are the first, that find their own griefs, though they be the last, that find their own faults. Certainly men in great fortunes are strangers to themselves, and while they are in the puzzle of business, they have no time to tend their health, either of body or mind. Illi mors gravis incubat, qui notus nimis omnibus, ignotus moritur sibi. In place, there is license to do good, and evil; whereof the latter is a curse: for in evil, the best condition is not to win; the second, not to can. But power to do good, is the true and lawful end of aspiring. For good thoughts (though God accept them) yet, towards men, are little better than good dreams, except they be put in act; and that cannot be, without power and place, as the vantage, and commanding ground. Merit and good works, is the end of man's motion; and conscience of the same is the accomplishment of man's rest. For if a man can be partaker of God's theatre, he shall likewise be partaker of God's rest. Et conversus Deus, ut aspiceret opera quae fecerunt manus suae, vidit quod omnia essent bona nimis; and then the sabbath. In the discharge of thy place, set before thee the best examples; for imitation is a globe of precepts. And after a time, set before thee thine own example; and examine thyself strictly, whether thou didst not best at first. Neglect not also the examples, of those that have carried themselves ill, in the same place; not to set off thyself, by taxing their memory, but to direct thyself, what to avoid. Reform therefore, without bravery, or scandal of former times and persons; but yet set it down to thyself, as well to create good precedents, as to follow them. Reduce things to the first institution, and observe wherein, and how, they have degenerate; but yet ask counsel of both times; of the ancient time, what is best; and of the latter time, what is fittest. Seek to make thy course regular, that men may know beforehand, what they may expect; but be not too positive and peremptory; and express thyself well, when thou digressest from thy rule. Preserve the right of thy place; but stir not questions of jurisdiction; and rather assume thy right, in silence and de facto, than voice it with claims, and challenges. Preserve likewise the rights of inferior places; and think it more honor, to direct in chief, than to be busy in all. Embrace and invite helps, and advices, touching the execution of thy place; and do not drive away such, as bring thee information, as meddlers; but accept of them in good part. The vices of authority are chiefly four: delays, corruption, roughness, and facility. For delays: give easy access; keep times appointed; go through with that which is in hand, and interlace not business, but of necessity. For corruption: do not only bind thine own hands, or thy servants' hands, from taking, but bind the hands of suitors also, from offering. For integrity used doth the one; but integrity professed, and with a manifest detestation of bribery, doth the other. And avoid not only the fault, but the suspicion. Whosoever is found variable, and changeth manifestly without manifest cause, giveth suspicion of corruption. Therefore always, when thou changest thine opinion or course, profess it plainly, and declare it, together with the reasons that move thee to change; and do not think to steal it. A servant or a favorite, if he be inward, and no other apparent cause of esteem, is commonly thought, but a by-way to close corruption. For roughness: it is a needless cause of discontent: severity breedeth fear, but roughness breedeth hate. Even reproofs from authority, ought to be grave, and not taunting. As for facility: it is worse than bribery. For bribes come but now and then; but if importunity, or idle respects, lead a man, he shall never be without. As Solomon saith, To respect persons is not good; for such a man will transgress for a piece of bread. It is most true, that was anciently spoken, A place showeth the man. And it showeth some to the better, and some to the worse. Omnium consensu capax imperii, nisi imperasset, saith Tacitus of Galba; but of Vespasian he saith, Solus imperantium, Vespasianus mutatus in melius; though the one was meant of sufficiency, the other of manners, and affection. It is an assured sign of a worthy and generous spirit, whom honor amends. For honor is, or should be, the place of virtue; and as in nature, things move violently to their place, and calmly in their place, so virtue in ambition is violent, in authority settled and calm. All rising to great place is by a winding star; and if there be factions, it is good to side a man's self, whilst he is in the rising, and to balance himself when he is placed. Use the memory of thy predecessor, fairly and tenderly; for if thou dost not, it is a debt will sure be paid when thou art gone. If thou have colleagues, respect them, and rather call them, when they look not for it, than exclude them, when they have reason to look to be called. Be not too sensible, or too remembering, of thy place in conversation, and private answers to suitors; but let it rather be said, When he sits in place, he is another man.
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 bis 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 Innovations
As the births of living creatures, at first are illshapen, so are all innovations, which are the births of time. Yet notwithstanding, as those that first bring honor into their family, are commonly more worthy than most that succeed, so the first precedent (if it be good) is seldom attained by imitation. For ill, to man's nature, as it stands perverted, hath a natural motion, strongest in continuance; but good, as a forced motion, strongest at first. Surely every medicine is an innovation; and he that will not apply new remedies, must expect new evils; for time is the greatest innovator; and if time of course alter things to the worse, and wisdom and counsel shall not alter them to the better, what shall be the end? It is true, that what is settled by custom, though it be not good, yet at least it is fit; and those things which have long gone together, are, as it were, confederate within themselves; whereas new things piece not so well; but though they help by their utility, yet they trouble by their inconformity. Besides, they are like strangers; more admired, and less favored. All this is true, if time stood still; which contrariwise moveth so round, that a froward retention of custom, is as turbulent a thing as an innovation; and they that reverence too much old times, are but a scorn to the new. It were good, therefore, that men in their innovations would follow the example of time itself; which indeed innovateth greatly, but quietly, by degrees scarce to be perceived. For otherwise, whatsoever is new is unlooked for; and ever it mends some, and pairs others; and he that is holpen, takes it for a fortune, and thanks the time; and he that is hurt, for a wrong, and imputeth it to the author. It is good also, not to try experiments in states, except the necessity be urgent, or the utility evident; and well to beware, that it be the reformation, that draweth on the change, and not the desire of change, that pretendeth the reformation. And lastly, that the novelty, though it be not rejected, yet be held for a suspect; and, as the Scripture saith, that we make a stand upon the ancient way, and then look about us, and discover what is the straight and right way, and so to walk in it.
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; either 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.