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is so hardly restrained within any tolerable bounds: in like manner, the national laws of natural commerce between societies of that former and better quality might have been other than now, when nations are so prone to offer violence, injury, and wrong. Hereupon hath grown in every of these three kinds that distinction between Primary and Secondary laws; the one grounded upon sincere, the other built upon depraved nature. Primary laws of nations are such as concern embassage, such as belong to the courteous entertainment of foreigners and strangers, such as serve for commodious traffic, and the like. Secondary laws in the same kind are such as this present unquiet world is most familiarly acquainted with; I mean laws of arms, which yet are much better known than kept. But what matter the Law of Nations doth contain I omit to search.

The strength and virtue of that law is such that no particular nation can lawfully prejudice the same by any their several laws and ordinances, more than a man by his private resolutions the law of the whole commonwealth or state wherein he liveth. For as civil law, being the act of the whole body politic, doth therefore overrule each several part of the same body; so there is no reason that any one commonwealth of itself should to the prejudice of another annihilate that whereupon the whole world hath agreed. For which cause, the Lacedæmonians forbidding all access of strangers into their coasts, are in that respect both by Josephus and Theodoret deservedly blamed, as being enemies to that hospitality which for common humanity's sake all the nations on earth should embrace.

5. "Her Voice the Harmony of the
World"

Thus far therefore we have endeavored in part to open, of what nature and force laws are, according unto their several kinds; the law which God with himself hath eternally set down to follow in his own works; the law which he hath made for his creatures to keep; the law of natural and necessary agents; the law which angels in heaven obey; the law whereunto by the light of reason men find themselves bound in that they are men; the law which they make by composition for multitudes and politic societies of men to be guided by; the law which belongeth unto each nation; the law

that concerneth the fellowship of all; and lastly the law which God himself hath supernaturally revealed. It might peradventure have been more popular and more plausible to vulgar ears, if this first discourse had been spent in extolling the force of laws, in showing the great necessity of them when they are good, and in aggravating their offence by whom public laws are injuriously traduced. But forasmuch as with such kind of matter the passions of men are rather stirred one way or other, than their knowledge any way set forward unto the trial of that whereof there is doubt made, I have therefore turned aside from that beaten path, and chosen though a less easy yet a more profitable way in regard of the end we propose. Lest therefore any man should marvel whereunto all these things tend, the drift and purpose of all is this, even to show in what manner, as every good and perfect gift, so this very gift of good and perfect laws is derived from the Father of lights; to teach men a reason why just and reasonable laws are of so great force, of so great use in the world; and to inform their minds with some method of reducing the laws whereof there is present controversy unto their first original causes, that so it may be in every particular ordinance, thereby the better discerned, whether the same be reasonable, just, and righteous, or no. Is there any thing which can either be thoroughly understood or soundly judged of, till the very first causes and principles from which originally it springeth be made manifest? If all parts of knowledge have been thought by wise men to be then most orderly delivered and proceeded in, when they are drawn to their first original; seeing that our whole question concerneth the quality of ecclesiastical laws, let it not seem a labor superfluous that in the entrance thereunto all these several kinds of laws have been considered, inasmuch as they all concur as principles, they all have their forcible operations therein, although not all in like apparent and manifest manner. By means whereof it cometh to pass that the force which they have is not observed of many.

Easier a great deal it is for men by law to be taught what they ought to do, than instructed how to judge as they should do of law: the one being a thing which belongeth generally unto all, the other such as: none but the wiser and more judicious sort

can perform. Yea, the wisest are always touching this point the readiest to acknowledge, that soundly to judge of a law is the weightiest thing which any man can take upon him. But if we will give judgment of the laws under which we live, first let that law eternal be always before our eyes, as being of principal force and moment to breed in religious minds a dutiful estimation of all laws, the use and benefit whereof we see; because there can be no doubt but that laws apparently good are (as it were) things copied out of the very tables of that high everlasting law; even as the book of that law hath said concerning itself, "By me kings reign," and "by me princes decree justice." Not as if men did behold that book and accordingly frame their laws; but because it worketh in them, because it discovereth and (as it were) readeth itself to the world by them, when the laws which they make are righteous. Furthermore, although we perceive not the goodness of laws made, nevertheless sith things in themselves may have that which we peradventure discern not, should not this breed a fear in our hearts how we speak or judge in the worse part concerning that, the unadvised disgrace whereof may be no mean dishonor to Him towards whom we profess all submission and awe? Surely there must be very manifest iniquity in laws, against which we shall be able to justify our contumelious invectives. The chiefest root whereof, when we use them without cause, is ignorance how laws inferior are derived from that supreme or highest law.

Our largeness of speech how men do find out what things reason bindeth them of necessity to observe, and what it guideth them to choose in things which are left as arbitrary; the care we have had to declare the different nature of laws which severally concern all men, from such as belong unto men either civilly or spiritually associated, such as pertain to the fellowship which nations, or which Christian nations, have amongst themselves, and in the last place such as concerning every or any of these God himself hath revealed by his Holy Word: all serveth but to make manifest, that as the actions of men are of sundry distinct kinds, so the laws thereof must accordingly be distinguished. There are in men operations, some natural, some rational, some supernatural, some politic, some finally ecclesiastical: which if we measure not each

by his own proper law, whereas the things themselves are so different, there will be in our understanding and judgment of them confusion.

As that first error showeth, whereon our opposites in this cause have grounded themselves. For as they rightly maintain that God must be glorified in all things, and that the actions of men cannot tend unto his glory unless they be framed after his law; so it is their error to think that the only law which God hath appointed unto men in that behalf is the sacred Scripture. By that which we work naturally, as when we breathe, sleep, move, we set forth the glory of God as natural agents do, albeit we have no express purpose to make that our end, nor any advised determination therein to follow a law, but do that we do (for the most part) not as much as thinking thereon. In reasonable and moral actions another law taketh place; a law by the observation whereof we glorify God in such sort as no creature else under man is able to do; because other creatures have not judgment to examine the quality of that which is done by them, and therefore in that they do they neither can accuse nor approve themselves. Men do both, as the Apostle teacheth; yea, those men which have no written law of God to show what is good or evil, carry written in their hearts the universal law of mankind, the Law of Reason, whereby they judge as by a rule which God hath given unto all men for that purpose. The law of reason doth somewhat direct men how to honor God as their Creator; but how to glorify God in such sort as is required, to the end he may be an everlasting Savior, this we are taught by divine law, which law both ascertaineth the truth and supplieth unto us the want of that other law. So that in moral actions, divine law helpeth exceedingly the law of reason to guide man's life; but in supernatural it alone guideth.

Proceed we further; let us place man in some public society with others, whether civil or spiritual; and in this case there is no remedy but we must add yet a further law. For although even here likewise the laws of nature and reason be of necessary use, yet somewhat over and besides them is necessary, namely human and positive law, together with that law which is of commerce between grand societies, the law of nations, and of nations Christian. For which cause the law of God hath likewise said, "Let

every soul be subject to the higher powers." The public power of all societies is above every soul contained in the same societies. And the principal use of that power is to give laws unto all that are under it; which laws in such case we must obey, unless there be reason showed which may necessarily enforce that the Law of Reason or of God doth enjoin the contrary. Because except our own private and but probable resolutions be by the law of public determinations overruled, we take away all possibility of sociable life in the world. A plainer example whereof than ourselves we cannot have. How cometh it to pass that we are at this present day so rent with mutual contentions, and that the Church is so much troubled about the polity of the Church? No doubt if men had been willing to learn how many laws their actions in this life are subject unto, and what the true force of each law is, all these controversies might have died the very day they were first brought forth.

It is both commonly said, and truly, that the best men otherwise are not always the best in regard of society. The reason whereof is, for that the law of men's actions is one, if they be respected only as men; and another, when they are considered as parts of a politic body. Many men there are, than whom nothing is more commendable when they are singled; and yet in society with others none less fit to answer the duties which are looked for at their hands. Yea, I am persuaded, that of them with whom in this cause we strive, there are whose betters amongst men would be hardly found, if they did not live amongst men, but in some wilderness by themselves. The cause of which their disposition so unframable unto societies wherein they live, is, for that they discern not aright what place and force these several kinds of laws ought to have in all their actions. Is their question either concerning the regiment of the Church in general, or about conformity between one church and another, or of ceremonies, offices, powers, jurisdictions in our own church? Of all these things they judge by that rule which they frame to themselves with some show of probability, and what seemeth in that sort convenient, the same they think themselves bound to practice; the same by all means they labor mightily to uphold; whatsoever any law of man to the contrary hath determined they weigh it not. Thus by following the law of private reason, where.

the law of public should take place, they breed disturbance.

Wherefore that here we may briefly end: of Law there can be no less acknowledged, than that her seat is the bosom of God, her voice the harmony of the world: all things in heaven and earth do her homage, the very least as feeling her care, and the greatest as not exempted from her power: both Angels and men and creatures of what condition soever, though each in different sort and manner, yet all with uniform consent, admiring her as the mother of their peace and joy.

Two COUNSELS ON GOVERNMENT

FRANCIS BACON

[From the Essays]

1. Of Empire

It is a miserable state of mind to have few things to desire, and many things to fear; and yet that commonly is the case of kings, who, being at the highest, want matter of desire, which makes their minds more languishing; and have many representations of perils and shadows, which makes their minds the less clear. And this is one reason also of that effect which the Scripture speaketh of, "that the king's heart is inscrutable." For multitude of jealousies, and lack of some predominant desire that should marshal and put in order all the rest, maketh any man's heart hard to find or sound. Hence it comes, likewise, that princes many times make themselves desires, and set their hearts upon toys: sometimes upon a building, sometimes upon erecting of an order, sometimes upon the advancing of a person, sometimes upon obtaining excellency in some art or feat of the hand,-as Nero for playing on the harp, Domitian for certainty of the hand with the arrow, Commodus for playing at fence, Caracalla for driving chariots, and the like. This seemeth incredible unto those that know not the principle, that the mind of man is more cheered and refreshed by profiting in small things, than by standing at a stay in great. We see also that kings that have been fortunate conquerors in their first years, it being not possible for them to go forward infinitely, but that they must have some check or arrest in their fortunes, turn in their latter years to be superstitious and melancholy; as did Alexander the Great, Diocletian, and in our

memory Charles V., and others; for he that is used to go forward, and findeth a stop, falleth out of his own favor, and is not the thing he was.

To speak now of the true temper of empire, it is a thing rare and hard to keep; for both temper and distemper consist of contraries. But it is one thing to mingle contraries, another to interchange them. The answer of Apollonius to Vespasian is full of excellent instruction. Vespasian asked him, "What was Nero's overthrow?" He answered, "Nero could touch and tune the harp well; but in government sometimes he used to wind the pins too high, sometimes to let them down too low." And certain it is, that nothing destroyeth authority so much as the unequal and untimely interchange of power pressed too far, and relaxed too much.

This is true, that the wisdom of all these latter times, in princes' affairs, is rather fine deliveries, and shiftings of dangers and mischiefs when they are near, than solid and grounded courses to keep them aloof. But this is but to try masteries with fortune. And let men beware how they neglect and suffer matter of trouble to be prepared, for no man can forbid the spark, nor tell whence it may come. The difficulties in princes' business are many and great; but the greatest difficulty is often in their own mind. For it is common with princes, saith Tacitus, to will contradictories. "Sunt plerumque regum voluntates vehementes, et inter se contrariæ." For it is the solecism of power to think to command the end, and yet not to endure the mean. . . . .

1

2. Of Innovations

As the births of living creatures at first are ill-shapen, 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 has 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 alters 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 with 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, and 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.

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And wear their brave state out of memory; Then the conceit of this inconstant stay Sets you most rich in youth before my sight,

Where wasteful Time debateth with Decay, To change your day of youth to sullied night;

And all in war with Time for love of you, As he takes from you, I engraft you new.

XXV

Let those who are in favor with their stars Of public honor and proud titles boast, Whilst I, whom fortune of such triumph bars,

Unlook'd for joy in that I honor most. Great princes' favorites their fair leaves spread

But as the marigold at the sun's eye,
And in themselves their pride lies buried,
For at a frown they in their glory die.
The painful warrior famousèd for fight,
After a thousand victories once foil'd,
Is from the book of honor razèd quite,
And all the rest forgot for which he toil'd:
Then happy I, that love and am beloved
Where I may not remove nor be removed.

XXIX

When, in disgrace with fortune and men's eyes,

I all alone beweep my outcast state

And trouble deaf heaven with my bootless cries

And look upon myself and curse my fate, Wishing me like to one more rich in hope, Featured like him, like him with friends possess'd,

Desiring this man's art and that man's scope, With what I most enjoy contented least; Yet in these thoughts myself almost despising,

Haply I think on thee, and then my state, Like to the lark at break of day arising From sullen earth, sings hymns at heaven's gate;

For thy sweet love remember'd such wealth brings

That then I scorn to change my state with kings.

XXX

When to the sessions of sweet silent thought
I summon up remembrance of things past,
I sigh the lack of many a thing I sought,
And with old woes new wail my dear time's
waste:

Then can I drown an eye, unused to flow, For precious friends hid in death's dateless night,

And weep afresh love's long since cancell'd woe,

And moan the expense of many a vanish'd sight:

Then can I grieve at grievances foregone,
And heavily from woe to woe tell o'er
The sad account of fore-bemoanèd moan,
Which I new pay as if not paid before.
But if the while I think on thee, dear
friend,

All losses are restored and sorrows end.

LV

Not marble, nor the gilded monuments Of princes, shall outlive this powerful rhyme;

But you shall shine more bright in these contents

Than unswept stone besmear'd with sluttish time.

When wasteful war shall statues overturn, And broils root out the work of masonry, Nor Mars his sword nor war's quick fire shall burn

The living record of your memory. 'Gainst death and all-oblivious enmity Shall you pace forth; your praise shall still find room

Even in the eyes of all posterity

That wear this world out to the ending doom.

So, till the judgment that yourself arise, You live in this, and dwell in lovers' eyes.

LXIV

When I have seen by Time's fell hand defaced

The rich proud cost of outworn buried age; When sometime lofty towers I see downrazed

And brass eternal slave to mortal rage;
When I have seen the hungry ocean gain
Advantage on the kingdom of the shore,
And the firm soil win of the watery main,
Increasing store with loss and loss with
store;

When I have seen such interchange of state,
Or state itself confounded to decay;
Ruin hath taught me thus to ruminate,
That Time will come and take my love away.
This thought is as a death, which cannot

choose

But weep to have that which it fears to lose.

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