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 [17] 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 [18] 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. [19] 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 [20] 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 toward 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. [21] 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 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 min- [22] isters. The place of justice is an hallowed place; [23] 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 briars and brambles of catching and polling clerks and ministers. The attendance [24] 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 curiæ," but "parasiti curiæ," in puffing a court up beyond her bounds for their own scraps and advantages: 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 the fleece. On [25] the other side, an ancient clerk, skillful 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 sove- [26] reign and estate. Judges ought, above all, to [27] 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

meum

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, where 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 “ " 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 [28] 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 [29] or oppose any points of sovereignty. Let not judges also be so ignorant of their own right, as to think there is not left 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."

ESSAY LIX.

A FRAGMENT OF AN ESSAY ON FAME.

THE poets make Fame a monster: they describe [1] her in part finely and elegantly, and in part gravely and sententiously: they say, look how many feathers she hath, so many eyes she hath underneath, so many tongues, so many voices, she pricks up so many ears.

This is a flourish: there follow excellent parables; [2] as that she gathereth strength in going; that she goeth upon the ground, and yet hideth her head in the clouds; that in the day-time she sitteth in a watch-tower, and flieth most by night; that she mingleth things done with things not done; and that she is a terror to great cities: but that which passeth all the rest is, they do recount that the Earth, mother of the giants that made war against Jupiter, and were by him destroyed, thereupon in anger brought forth Fame: for certain it is, that rebels, figured by the giants, and seditious fames and libels, are but brothers and sisters, masculine and feminine but now if a man can tame this monster, and bring her to feed at the hand and govern her, and with her fly other ravening fowl and kill them, it is somewhat worth: but we are infected with the style of the poets. To speak now in a sad and serious [3] manner, there is not in all the politics a place less handled, and more worthy to be handled, than this of fame; we will therefore speak of these points; what are false fames, and what are true fames; and how they may be best discerned; how fames may be sown and raised; how they may be spread and multiplied; and

how they may be checked and laid dead; and other [4] things concerning the nature of fame. Fame is of that force, as there is scarcely any great action. wherein it hath not a great part, especially in the war. Mucianus undid Vitellius by a fame that he scattered, that Vitellius had in purpose to move the legions of Syria into Germany and the legions of Germany into Syria; whereupon the legions of Syria were infinitely [5] inflamed. Julius Cæsar took Pompey unprovided, and laid asleep his industry and preparations by a fame that he cunningly gave out, how Cæsar's own soldiers loved him not: and being wearied with the wars, and laden with the spoils of Gaul, would forsake him as soon [6] as he came into Italy. Livia settled all things for the succession of her son Tiberius, by continually giving out that her husband Augustus was upon recovery and amendment; and it is a usual thing with the bashaws, to conceal the death of the Great Turk from the janizaries and men of war, to save the sacking of Constantinople, and other towns, as their manner is. [7] Themistocles made Xerxes, King of Persia, post apace out of Græcia, by giving out that the Grecians had a purpose to break his bridge of ships which he had made athwart the Hellespont. There be a thousand such [8] like examples, and the more they are the less they need to be repeated, because a man meeteth with them every where: wherefore, let all wise governors have as great a watch and care over fames, as they have of the actions and designs themselves.

THE END.

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