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weaker faction is the firmer in conjunction; and it is often seen, that a few that are stiff, do tire out a great 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 Cæsar; but when the senate's authority was pulled down, Cæsar and Pompey soon after brake. The faction or party Antonius and Octavianus Cæsar, 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 exam
ples 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 cyphers 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 communes:" 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."3
LII.-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 labour too much to express them, he shall lose
their grace; which is to be natural and unaffected. Some men's behaviour 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, both 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
1 The common father.
2 As one of us. 3 The primary moving power.
peers, a man shall be sure of familiarity; and therefore it is good a little to keep state; amongst a man 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 society, 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 too 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 behaviour should be like their apparel, not too strait or point device, but free for exercise or motion.
LIII. 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 nought, 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 or 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 swollen, 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;"2 it filleth all round about, and will not easily away; for the odours 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 arch-flatterer, 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 impu
1 Appearances like to virtues.
2 A good name is like sweet-smelling ointment.
dent 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, "spretâ conscientiâ. "3 Some praises come of good wishes and respects, which is a form due in civility to kings and great persons, "laudando præcipere;" 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;5 "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
3 Disregarding conscience.
4 To give advice under the form of praise. 5 Flatterers are the worst kind of enemies.
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
LIV. OF VAIN GLORY.
Ir was prettily devised of Æsop, 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 Ætolians, there are sometimes great effects of cross lies; as if a man that negociates 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 military 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 osten
tation: "Qui de contemnendâ gloriâ libros scribunt, nomen suum inscribunt."2 Socrates, Aristotle, Galen, were men full of ostentation: certainly, vain glory helpeth to perpetuate a man's memory; and virtue was never so beholden to human nature, as it received its 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, quæ dixerat feceratque, arte quâdam ostentator :"3 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.
1 I will magnify my apostleship.
2 Those who write books on despising glory put their names in the title page.
3 He had remarkable skill in setting off to the best advantage everything he said or did.
LV. OF HONOUR AND REPUTATION.
THE winning of honour is but the revealing
1 All fame emanates from servants. Thus the adage, "no man is a hero to his valet de chambre.' 2 Founders of empires.
3 Perpetual sovereigns.
"Siete partidas:" in the third place are
compound the long miseries of civil wars, or deliver their countries from servitude of strangers or tyrants; as Augustus Cæsar, Vespasianus, Aurelianus, Theodoricus, King Henry the Seventh of England, King Henry the Fourth of France: in the fourth place are propagatores," or "propugnatores imperii,"8 such as in honourable wars enlarge their territories, or make noble defence against invaders; and, in the last place, are "patres patriæ," 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 honour in subjects are, first, "participes curarum, "10 those upon whom princes do discharge the greatest weight of their affairs; their right hands, as we call them; the next are "duces belli,"11 great leaders; such as are princes' lieutenants, and do them notable services in the wars: the third are "gratiosi," favourites; such as exceed not this scantling, to be solace to the sovereign, and harmless to the people: and the fourth, "negotiis pares;" "12 such as have great places under princes, and execute their places with sufficiency. There is an honour, 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.
4 The Partidas are a general collection of the laws of Castille arranged under their proper titles. This great work was commenced by Don Ferdinand, the father of Alphonso, in consequence of the litigation produced by the contradictory decisions in the Castilian courts of law. It was completed by Alphonso towards the close of the thirteenth century, and the wise monarch caused the code to be published in the Castilian language in order that all ranks of his subjects should know on what conditions their allegiance was expected.
7 Extenders of the state.
9 Fathers of their country.
10 Participators in cares.
12 Equal to the duties of their office.
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 saith Solomon, "Fons turbatus et vena corrupta est justus cadens in causâ suâ coram advesario."3 The office of judges may have reference unto the parties that sue, 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. 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 a high hand, violent prosecution, cunning advantages taken, combination, power, great coun
3 A just man failing to gain his cause from his adversary is like a troubled fountain and corrupted
sel, 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 grapestone. Judges must beware of hard constructions, and strained inferences; for there is no worse torture than the torture of laws : especially in case of laws penal, they ought to have care that that which was meant for terror be not turned into 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: "Judicis officium est, ut res, ita tempora rerum," &c. Is 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
4 Wringing the nose brings blood.
5 He will rain snares upon them.
6 It is the duty of a judge to consider not only the facts but the times and circumstances of the facts.