The Advancement of Learning Part 11
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(19) As for the knowing of men which is at second hand from reports: men's weaknesses and faults are best known from their enemies, their virtues and abilities from their friends, their customs and times from their servants, their conceits and opinions from their familiar friends, with whom they discourse most. General fame is light, and the opinions conceived by superiors or equals are deceitful; for to such men are more masked: Verior fama e domesticis emanat.
(20) But the soundest disclosing and expounding of men is by their natures and ends, wherein the weakest sort of men are best interpreted by their natures, and the wisest by their ends. For it was both pleasantly and wisely said (though I think very untruly) by a nuncio of the Pope, returning from a certain nation where he served as lidger; whose opinion being asked touching the appointment of one to go in his place, he wished that in any case they did not send one that was too wise; because no very wise man would ever imagine what they in that country were like to do. And certainly it is an error frequent for men to shoot over, and to suppose deeper ends and more compa.s.s reaches than are: the Italian proverb being elegant, and for the most part true:-
"Di danari, di senno, e di fede, C'e ne manco che non credi."
"There is commonly less money, less wisdom, and less good faith than men do account upon."
(21) But princes, upon a far other reason, are best interpreted by their natures, and private persons by their ends. For princes being at the top of human desires, they have for the most part no particular ends whereto they aspire, by distance from which a man might take measure and scale of the rest of their actions and desires; which is one of the causes that maketh their hearts more inscrutable. Neither is it sufficient to inform ourselves in men's ends and natures of the variety of them only, but also of the predominancy, what humour reigneth most, and what end is princ.i.p.ally sought. For so we see, when Tigellinus saw himself outstripped by Petronius Turpilia.n.u.s in Nero's humours of pleasures, metus ejus rimatur, he wrought upon Nero's fears, whereby he broke the other's neck.
(22) But to all this part of inquiry the most compendious way resteth in three things; the first, to have general acquaintance and inwardness with those which have general acquaintance and look most into the world; and specially according to the diversity of business, and the diversity of persons, to have privacy and conversation with some one friend at least which is perfect and well-intelligenced in every several kind. The second is to keep a good mediocrity in liberty of speech and secrecy; in most things liberty; secrecy where it importeth; for liberty of speech inviteth and provoketh liberty to be used again, and so bringeth much to a man's knowledge; and secrecy on the other side induceth trust and inwardness. The last is the reducing of a man's self to this watchful and serene habit, as to make account and purpose, in every conference and action, as well to observe as to act. For as Epictetus would have a philosopher in every particular action to say to himself, Et hoc volo, et etiam inst.i.tutum servare; so a politic man in everything should say to himself, Et hoc volo, ac etiam aliquid addiscere. I have stayed the longer upon this precept of obtaining good information because it is a main part by itself, which answereth to all the rest. But, above all things, caution must be taken that men have a good stay and hold of themselves, and that this much knowing do not draw on much meddling; for nothing is more unfortunate than light and rash intermeddling in many matters.
So that this variety of knowledge tendeth in conclusion but only to this, to make a better and freer choice of those actions which may concern us, and to conduct them with the less error and the more dexterity.
(23) The second precept concerning this knowledge is, for men to take good information touching their own person, and well to understand themselves; knowing that, as St. James saith, though men look oft in a gla.s.s, yet they do suddenly forget themselves; wherein as the divine gla.s.s is the Word of G.o.d, so the politic gla.s.s is the state of the world, or times wherein we live, in the which we are to behold ourselves.
(24) For men ought to take an impartial view of their own abilities and virtues; and again of their wants and impediments; accounting these with the most, and those other with the least; and from this view and examination to frame the considerations following.
(25) First, to consider how the const.i.tution of their nature sorteth with the general state of the times; which if they find agreeable and fit, then in all things to give themselves more scope and liberty; but if differing and dissonant, then in the whole course of their life to be more close retired, and reserved; as we see in Tiberius, who was never seen at a play, and came not into the senate in twelve of his last years; whereas Augustus Caesar lived ever in men's eyes, which Tacitus observeth, alia Tiberio morum via.
(26) Secondly, to consider how their nature sorteth with professions and courses of life, and accordingly to make election, if they be free; and, if engaged, to make the departure at the first opportunity; as we see was done by Duke Valentine, that was designed by his father to a sacerdotal profession, but quitted it soon after in regard of his parts and inclination; being such, nevertheless, as a man cannot tell well whether they were worse for a prince or for a priest.
(27) Thirdly, to consider how they sort with those whom they are like to have compet.i.tors and concurrents; and to take that course wherein there is most solitude, and themselves like to be most eminent; as Caesar Julius did, who at first was an orator or pleader; but when he saw the excellency of Cicero, Hortensius, Catulus, and others for eloquence, and saw there was no man of reputation for the wars but Pompeius, upon whom the state was forced to rely, he forsook his course begun towards a civil and popular greatness, and transferred his designs to a martial greatness.
(28) Fourthly, in the choice of their friends and dependents, to proceed according to the composition of their own nature; as we may see in Caesar, all whose friends and followers were men active and effectual, but not solemn, or of reputation.
(29) Fifthly, to take special heed how they guide themselves by examples, in thinking they can do as they see others do; whereas perhaps their natures and carriages are far differing. In which error it seemeth Pompey was, of whom Cicero saith that he was wont often to say, Sylla potuit, ego non potero? Wherein he was much abused, the natures and proceedings of himself and his example being the unlikest in the world; the one being fierce, violent, and pressing the fact; the other solemn, and full of majesty and circ.u.mstance, and therefore the less effectual.
But this precept touching the politic knowledge of ourselves hath many other branches, whereupon we cannot insist.
(30) Next to the well understanding and discerning of a man's self, there followeth the well opening and revealing a man's self; wherein we see nothing more usual than for the more able man to make the less show. For there is a great advantage in the well setting forth of a man's virtues, fortunes, merits; and again, in the artificial covering of a man's weaknesses, defects, disgraces; staying upon the one, sliding from the other; cheris.h.i.+ng the one by circ.u.mstances, gracing the other by exposition, and the like. Wherein we see what Tacitus saith of Mutia.n.u.s, who was the greatest politique of his time, Omnium quae dixerat feceratque arte quadam ostentator, which requireth indeed some art, lest it turn tedious and arrogant; but yet so, as ostentation (though it be to the first degree of vanity) seemeth to me rather a vice in manners than in policy; for as it is said, Audacter calumniare, semper aliquid haeret; so, except it be in a ridiculous degree of deformity, Audacter te vendita, semper aluquid haeret. For it will stick with the more ignorant and inferior sort of men, though men of wisdom and rank do smile at it and despise it; and yet the authority won with many doth countervail the disdain of a few. But if it be carried with decency and government, as with a natural, pleasant, and ingenious fas.h.i.+on; or at times when it is mixed with some peril and unsafety (as in military persons); or at times when others are most envied; or with easy and careless pa.s.sage to it and from it, without dwelling too long, or being too serious; or with an equal freedom of taxing a man's self, as well as gracing himself; or by occasion of repelling or putting down others' injury or insolency; it doth greatly add to reputation: and surely not a few solid natures, that want this ventosity and cannot sail in the height of the winds, are not without some prejudice and disadvantage by their moderation.
(31) But for these flourishes and enhancements of virtue, as they are not perchance unnecessary, so it is at least necessary that virtue be not disvalued and embased under the just price, which is done in three manners--by offering and obtruding a man's self, wherein men think he is rewarded when he is accepted; by doing too much, which will not give that which is well done leave to settle, and in the end induceth satiety; and by finding too soon the fruit of a man's virtue, in commendation, applause, honour, favour; wherein if a man be pleased with a little, let him hear what is truly said: Cave ne insuetus rebus majoribus videaris, si haec te res parva sicuti magna delectat.
(32) But the covering of defects is of no less importance than the valuing of good parts; which may be done likewise in three manners-- by caution, by colour, and by confidence. Caution is when men do ingeniously and discreetly avoid to be put into those things for which they are not proper; whereas contrariwise bold and unquiet spirits will thrust themselves into matters without difference, and so publish and proclaim all their wants. Colour is when men make a way for themselves to have a construction made of their faults or wants, as proceeding from a better cause or intended for some other purpose. For of the one it is well said,
"Saepe latet vitium proximitate boni,"
and therefore whatsoever want a man hath, he must see that he pretend the virtue that shadoweth it; as if he be dull, he must affect gravity; if a coward, mildness; and so the rest. For the second, a man must frame some probable cause why he should not do his best, and why he should dissemble his abilities; and for that purpose must use to dissemble those abilities which are notorious in him, to give colour that his true wants are but industries and dissimulations. For confidence, it is the last but the surest remedy--namely, to depress and seem to despise whatsoever a man cannot attain; observing the good principle of the merchants, who endeavour to raise the price of their own commodities, and to beat down the price of others. But there is a confidence that pa.s.seth this other, which is to face out a man's own defects, in seeming to conceive that he is best in those things wherein he is failing; and, to help that again, to seem on the other side that he hath least opinion of himself in those things wherein he is best: like as we shall see it commonly in poets, that if they show their verses, and you except to any, they will say, "That that line cost them more labour than any of the rest;" and presently will seem to disable and suspect rather some other line, which they know well enough to be the best in the number. But above all, in this righting and helping of a man's self in his own carriage, he must take heed he show not himself dismantled and exposed to scorn and injury, by too much dulceness, goodness, and facility of nature; but show some sparkles of liberty, spirit, and edge. Which kind of fortified carriage, with a ready rescussing of a man's self from scorns, is sometimes of necessity imposed upon men by somewhat in their person or fortune; but it ever succeedeth with good felicity.
(33) Another precept of this knowledge is by all possible endeavour to frame the mind to be pliant and obedient to occasion; for nothing hindereth men's fortunes so much as this: Idem manebat, neque idem decebat--men are where they were, when occasions turn: and therefore to Cato, whom Livy maketh such an architect of fortune, he addeth that he had versatile ingenium. And thereof it cometh that these grave solemn wits, which must be like themselves and cannot make departures, have more dignity than felicity. But in some it is nature to be somewhat vicious and enwrapped, and not easy to turn.
In some it is a conceit that is almost a nature, which is, that men can hardly make themselves believe that they ought to change their course, when they have found good by it in former experience. For Machiavel noted wisely how Fabius Maximus would have been temporising still, according to his old bias, when the nature of the war was altered and required hot pursuit. In some other it is want of point and penetration in their judgment, that they do not discern when things have a period, but come in too late after the occasion; as Demosthenes compareth the people of Athens to country fellows, when they play in a fence school, that if they have a blow, then they remove their weapon to that ward, and not before. In some other it is a lothness to lose labours pa.s.sed, and a conceit that they can bring about occasions to their ply; and yet in the end, when they see no other remedy, then they come to it with disadvantage; as Tarquinius, that gave for the third part of Sibylla's books the treble price, when he might at first have had all three for the simple. But from whatsoever root or cause this restiveness of mind proceedeth, it is a thing most prejudicial; and nothing is more politic than to make the wheels of our mind concentric and voluble with the wheels of fortune.
(34) Another precept of this knowledge, which hath some affinity with that we last spoke of, but with difference, is that which is well expressed, Fatis accede deisque, that men do not only turn with the occasions, but also run with the occasions, and not strain their credit or strength to over-hard or extreme points; but choose in their actions that which is most pa.s.sable: for this will preserve men from foil, not occupy them too much about one matter, win opinion of moderation, please the most, and make a show of a perpetual felicity in all they undertake: which cannot but mightily increase reputation.
(35) Another part of this knowledge seemeth to have some repugnancy with the former two, but not as I understand it; and it is that which Demosthenes uttereth in high terms: Et quemadmodum receptum est, ut exercitum ducat imperator, sic et a cordatis viris res ipsae ducendae; ut quaeipsis videntur, ea gerantur, et non ipsi eventus persequi cogantur. For if we observe we shall find two differing kinds of sufficiency in managing of business: some can make use of occasions aptly and dexterously, but plot little; some can urge and pursue their own plots well, but cannot accommodate nor take in; either of which is very imperfect without the other.
(36) Another part of this knowledge is the observing a good mediocrity in the declaring or not declaring a man's self: for although depth of secrecy, and making way (qualis est via navis in mari, which the French calleth sourdes menees, when men set things in work without opening themselves at all), be sometimes both prosperous and admirable; yet many times dissimulatio errores parit, qui dissimulatorem ipsum illaqueant. And therefore we see the greatest politiques have in a natural and free manner professed their desires, rather than been reserved and disguised in them. For so we see that Lucius Sylla made a kind of profession, "that he wished all men happy or unhappy, as they stood his friends or enemies." So Caesar, when he went first into Gaul, made no scruple to profess "that he had rather be first in a village than second at Rome." So again, as soon as he had begun the war, we see what Cicero saith of him, Alter (meaning of Caesar) non recusat, sed quodammodo postulat, ut (ut est) sic appelletur tyrannus. So we may see in a letter of Cicero to Atticus, that Augustus Caesar, in his very entrance into affairs, when he was a darling of the senate, yet in his harangues to the people would swear, Ita parentis honores consequi liceat (which was no less than the tyranny), save that, to help it, he would stretch forth his hand towards a statue of Caesar's that was erected in the place: and men laughed and wondered, and said, "Is it possible?" or, "Did you ever hear the like?" and yet thought he meant no hurt; he did it so handsomely and ingenuously. And all these were prosperous: whereas Pompey, who tended to the same ends, but in a more dark and dissembling manner as Tacitus saith of him, Occultior non melior, wherein Sall.u.s.t concurreth, Ore probo, animo inverecundo, made it his design, by infinite secret engines, to cast the state into an absolute anarchy and confusion, that the state might cast itself into his arms for necessity and protection, and so the sovereign power be put upon him, and he never seen in it: and when he had brought it (as he thought) to that point when he was chosen consul alone, as never any was, yet he could make no great matter of it, because men understood him not; but was fain in the end to go the beaten track of getting arms into his hands, by colour of the doubt of Caesar's designs: so tedious, casual, and unfortunate are these deep dissimulations: whereof it seemeth Tacitus made this judgment, that they were a cunning of an inferior form in regard of true policy; attributing the one to Augustus, the other to Tiberius; where, speaking of Livia, he saith, Et c.u.m artibus mariti simulatione filii bene compostia: for surely the continual habit of dissimulation is but a weak and sluggish cunning, and not greatly politic.
(37) Another precept of this architecture of fortune is to accustom our minds to judge of the proportion or value of things, as they conduce and are material to our particular ends; and that to do substantially and not superficially. For we shall find the logical part (as I may term it) of some men's minds good, but the mathematical part erroneous; that is, they can well judge of consequences, but not of proportions and comparison, preferring things of show and sense before things of substance and effect. So some fall in love with access to princes, others with popular fame and applause, supposing they are things of great purchase, when in many cases they are but matters of envy, peril, and impediment. So some measure things according to the labour and difficulty or a.s.siduity which are spent about them; and think, if they be ever moving, that they must needs advance and proceed; as Caesar saith in a despising manner of Cato the second, when he describeth how laborious and indefatigable he was to no great purpose, Haec omnia magno studio agebat. So in most things men are ready to abuse themselves in thinking the greatest means to be best, when it should be the fittest.
(38) As for the true marshalling of men's pursuits towards their fortune, as they are more or less material, I hold them to stand thus. First the amendment of their own minds. For the removal of the impediments of the mind will sooner clear the pa.s.sages of fortune than the obtaining fortune will remove the impediments of the mind. In the second place I set down wealth and means; which I know most men would have placed first, because of the general use which it beareth towards all variety of occasions. But that opinion I may condemn with like reason as Machiavel doth that other, that moneys were the sinews of the wars; whereas (saith he) the true sinews of the wars are the sinews of men's arms, that is, a valiant, populous, and military nation: and he voucheth aptly the authority of Solon, who, when Croesus showed him his treasury of gold, said to him, that if another came that had better iron, he would be master of his gold. In like manner it may be truly affirmed that it is not moneys that are the sinews of fortune, but it is the sinews and steel of men's minds, wit, courage, audacity, resolution, temper, industry, and the like. In the third place I set down reputation, because of the peremptory tides and currents it hath; which, if they be not taken in their due time, are seldom recovered, it being extreme hard to play an after-game of reputation. And lastly I place honour, which is more easily won by any of the other three, much more by all, than any of them can be purchased by honour. To conclude this precept, as there is order and priority in matter, so is there in time, the preposterous placing whereof is one of the commonest errors: while men fly to their ends when they should intend their beginnings, and do not take things in order of time as they come on, but marshal them according to greatness and not according to instance; not observing the good precept, Quod nunc instat agamus.
(39) Another precept of this knowledge is not to embrace any matters which do occupy too great a quant.i.ty of time, but to have that sounding in a man's ears, Sed fugit interea fugit irreparabile tempus: and that is the cause why those which take their course of rising by professions of burden, as lawyers, orators, painful divines, and the like, are not commonly so politic for their own fortune, otherwise than in their ordinary way, because they want time to learn particulars, to wait occasions, and to devise plots.
(40) Another precept of this knowledge is to imitate nature, which doth nothing in vain; which surely a man may do if he do well interlace his business, and bend not his mind too much upon that which he princ.i.p.ally intendeth. For a man ought in every particular action so to carry the motions of his mind, and so to have one thing under another, as if he cannot have that he seeketh in the best degree, yet to have it in a second, or so in a third; and if he can have no part of that which he purposed, yet to turn the use of it to somewhat else; and if he cannot make anything of it for the present, yet to make it as a seed of somewhat in time to come; and if he can contrive no effect or substance from it, yet to win some good opinion by it, or the like. So that he should exact an account of himself of every action, to reap somewhat, and not to stand amazed and confused if he fail of that he chiefly meant: for nothing is more impolitic than to mind actions wholly one by one. For he that doth so loseth infinite occasions which intervene, and are many times more proper and propitious for somewhat that he shall need afterwards, than for that which he urgeth for the present; and therefore men must be perfect in that rule, Haec oportet facere, et illa non imittere.
(41) Another precept of this knowledge is, not to engage a man's self peremptorily in anything, though it seem not liable to accident; but ever to have a window to fly out at, or a way to retire: following the wisdom in the ancient fable of the two frogs, which consulted when their plash was dry whither they should go; and the one moved to go down into a pit, because it was not likely the water would dry there; but the other answered, "True, but if it do, how shall we get out again?"
(42) Another precept of this knowledge is that ancient precept of Bias, construed not to any point of perfidiousness, but to caution and moderation, Et ama tanquam inimicus futurus et odi tanquam amaturus. For it utterly betrayeth all utility for men to embark themselves too far into unfortunate friends.h.i.+ps, troublesome spleens, and childish and humorous envies or emulations.
(43) But I continue this beyond the measure of an example; led, because I would not have such knowledges, which I note as deficient, to be thought things imaginative or in the air, or an observation or two much made of, but things of bulk and ma.s.s, whereof an end is more hardly made than a beginning. It must be likewise conceived, that in these points which I mention and set down, they are far from complete tractates of them, but only as small pieces for patterns.
And lastly, no man I suppose will think that I mean fortunes are not obtained without all this ado; for I know they come tumbling into some men's laps; and a number obtain good fortunes by diligence in a plain way, little intermeddling, and keeping themselves from gross errors.
(44) But as Cicero, when he setteth down an idea of a perfect orator, doth not mean that every pleader should be such; and so likewise, when a prince or a courtier hath been described by such as have handled those subjects, the mould hath used to be made according to the perfection of the art, and not according to common practice: so I understand it, that it ought to be done in the description of a politic man, I mean politic for his own fortune.
(45) But it must be remembered all this while, that the precepts which we have set down are of that kind which may be counted and called Bonae Artes. As for evil arts, if a man would set down for himself that principle of Machiavel, "That a man seek not to attain virtue itself, but the appearance only thereof; because the credit of virtue is a help, but the use of it is c.u.mber:" or that other of his principles, "That he presuppose that men are not fitly to be wrought otherwise but by fear; and therefore that he seek to have every man obnoxious, low, and in straits," which the Italians call seminar spine, to sow thorns: or that other principle, contained in the verse which Cicero citeth, Cadant amici, dummodo inimici intercidant, as the triumvirs, which sold every one to other the lives of their friends for the deaths of their enemies: or that other protestation of L. Catilina, to set on fire and trouble states, to the end to fish in droumy waters, and to unwrap their fortunes, Ego si quid in fortunis meis excitatum sit incendium, id non aqua sed ruina restinguam: or that other principle of Lysander, "That children are to be deceived with comfits, and men with oaths:"
and the like evil and corrupt positions, whereof (as in all things) there are more in number than of the good: certainly with these dispensations from the laws of charity and integrity, the pressing of a man's fortune may be more hasty and compendious. But it is in life as it is in ways, the shortest way is commonly the foulest, and surely the fairer way is not much about.
(46) But men, if they be in their own power, and do bear and sustain themselves, and be not carried away with a whirlwind or tempest of ambition, ought in the pursuit of their own fortune to set before their eyes not only that general map of the world, "That all things are vanity and vexation of spirit," but many other more particular cards and directions: chiefly that, that being without well-being is a curse, and the greater being the greater curse; and that all virtue is most rewarded and all wickedness most punished in itself: according as the poet saith excellently:
"Quae vobis, quae digna, viri pro laudibus istis Praemia posse rear solvi? pulcherrima primum Dii moresque dabunt vestri."
And so of the contrary. And secondly they ought to look up to the Eternal Providence and Divine Judgment, which often subverteth the wisdom of evil plots and imaginations, according to that scripture, "He hath conceived mischief, and shall bring forth a vain thing."
And although men should refrain themselves from injury and evil arts, yet this incessant and Sabbathless pursuit of a man's fortune leaveth not tribute which we owe to G.o.d of our time; who (we see) demandeth a tenth of our substance, and a seventh, which is more strict, of our time: and it is to small purpose to have an erected face towards heaven, and a perpetual grovelling spirit upon earth, eating dust as doth the serpent, Atque affigit humo divinae particulam aurae. And if any man flatter himself that he will employ his fortune well, though he should obtain it ill, as was said concerning Augustus Caesar, and after of Septimius Severus, "That either they should never have been born, or else they should never have died," they did so much mischief in the pursuit and ascent of their greatness, and so much good when they were established; yet these compensations and satisfactions are good to be used, but never good to be purposed. And lastly, it is not amiss for men, in their race towards their fortune, to cool themselves a little with that conceit which is elegantly expressed by the Emperor Charles V., in his instructions to the king his son, "That fortune hath somewhat of the nature of a woman, that if she he too much wooed she is the farther off." But this last is but a remedy for those whose tastes are corrupted: let men rather build upon that foundation which is as a corner-stone of divinity and philosophy, wherein they join close, namely that same Primum quaerite. For divinity saith, Primum quaerite regnum Dei, et ista omnia adjicientur vobis: and philosophy saith, Primum quaerite bona animi; caetera aut aderunt, aut non oberunt. And although the human foundation hath somewhat of the sands, as we see in M. Brutus, when he broke forth into that speech,
"Te colui (Virtus) ut rem; ast tu nomen inane es;"
yet the divine foundation is upon the rock. But this may serve for a taste of that knowledge which I noted as deficient.
(47) Concerning government, it is a part of knowledge secret and retired in both these respects in which things are deemed secret; for some things are secret because they are hard to know, and some because they are not fit to utter. We see all governments are obscure and invisible:
"Totamque infusa per artus Mens agitat molem, et magno se corpore miscet."
Such is the description of governments. We see the government of G.o.d over the world is hidden, insomuch as it seemeth to partic.i.p.ate of much irregularity and confusion. The government of the soul in moving the body is inward and profound, and the pa.s.sages thereof hardly to be reduced to demonstration. Again, the wisdom of antiquity (the shadows whereof are in the poets) in the description of torments and pains, next unto the crime of rebellion, which was the giants' offence, doth detest the offence of futility, as in Sisyphus and Tantalus. But this was meant of particulars: nevertheless even unto the general rules and discourses of policy and government there is due a reverent and reserved handling.
(48) But contrariwise in the governors towards the governed, all things ought as far as the frailty of man permitteth to be manifest and revealed. For so it is expressed in the Scriptures touching the government of G.o.d, that this globe, which seemeth to us a dark and shady body, is in the view of G.o.d as crystal: Et in conspectu sedis tanquam mare vitreum simile crystallo. So unto princes and states, and specially towards wise senates and councils, the natures and dispositions of the people, their conditions and necessities, their factions and combinations, their animosities and discontents, ought to be, in regard of the variety of their intelligences, the wisdom of their observations, and the height of their station where they keep sentinel, in great part clear and transparent. Wherefore, considering that I write to a king that is a master of this science, and is so well a.s.sisted, I think it decent to pa.s.s over this part in silence, as willing to obtain the certificate which one of the ancient philosophers aspired unto; who being silent, when others contended to make demonstration of their abilities by speech, desired it might be certified for his part, "That there was one that knew how to hold his peace."
(49) Notwithstanding, for the more public part of government, which is laws, I think good to note only one deficiency; which is, that all those which have written of laws have written either as philosophers or as lawyers, and none as statesmen. As for the philosophers, they make imaginary laws for imaginary commonwealths, and their discourses are as the stars, which give little light because they are so high. For the lawyers, they write according to the states where they live what is received law, and not what ought to be law; for the wisdom of a law-maker is one, and of a lawyer is another. For there are in nature certain fountains of justice whence all civil laws are derived but as streams; and like as waters do take tinctures and tastes from the soils through which they run, so do civil laws vary according to the regions and governments where they are planted, though they proceed from the same fountains.
Again, the wisdom of a law-maker consisteth not only in a platform of justice, but in the application thereof; taking into consideration by what means laws may be made certain, and what are the causes and remedies of the doubtfulness and uncertainty of law; by what means laws may be made apt and easy to be executed, and what are the impediments and remedies in the execution of laws; what influence laws touching private right of meum and tuum have into the public state, and how they may be made apt and agreeable; how laws are to be penned and delivered, whether in texts or in Acts, brief or large, with preambles or without; how they are to be pruned and reformed from time to time, and what is the best means to keep them from being too vast in volume, or too full of multiplicity and crossness; how they are to be expounded, when upon causes emergent and judicially discussed, and when upon responses and conferences touching general points or questions; how they are to be pressed, rigorously or tenderly; how they are to be mitigated by equity and good conscience, and whether discretion and strict law are to be mingled in the same courts, or kept apart in several courts; again, how the practice, profession, and erudition of law is to be censured and governed; and many other points touching the administration and (as I may term it) animation of laws. Upon which I insist the less, because I purpose (if G.o.d give me leave), having begun a work of this nature in aphorisms, to propound it hereafter, noting it in the meantime for deficient.
The Advancement of Learning Part 11
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The Advancement of Learning Part 11 summary
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