2 in use, do well; but the main matter is so to convey the water as ' it never stay, either in the bowls or in the cistern that the water be never by rest discolored, green or red, or the like, or gather any mossiness or putrefaction: besides that, it is to be cleansed every day by the hand — also some steps up to it, and some fine pavement about it do well. As for the other kind of fountain, which we may call a bathing-pool, it may admit much curiosity and beauty, wherewith we will not trouble ourselves: as, that the bottom be finely paved, and with images: the sides likewise; and withal embellished with colored glass, and such things of lustre, encompassed also with fine rails of low statuas ;3 but the main point is the same which we mentioned in the former kind of fountain, which is, that the water be in perpetual motion, fed by a water higher than the pool, and delivered into it by fair spouts, and then discharged away under ground, by some equality of bores, that it stay little; and for fine devices, of arching water without spilling, and making it rise in several forms (of feathers, drinking glasses, canopies, and the like), they be pretty things to look on, but nothing to health and sweetness. For the heath, which was the third part of our plot, I wished it to be framed as much as may be to a natural wildness. Trees I would have none in it, but some thickets made only of sweetbrier and honeysuckle, and some wild vines amongst, and the ground set with violets, strawberries, and primroses; for these are sweet, and prosper in the shade, and these are to be in the heath here and there, not in any order. I like also little heaps, in the nature of mole-hills (such as are in wild heaths), to be set, some with wild thyme, some with pinks, some with germander, that gives a good flower to the eye; some with periwinkle, some with violets, some with strawberries, some with cowslips, some with daisies, some with red roses, some with lilium convallium, some with sweet-williams red, some with bear's-foot, and the like low flowers, being withal sweet and sightly - part of which heaps to be with standards of little bushes pricked upon their top, and part without — the standards to be roses, juniper, holly, berberries (but here and there, because of the smell of their blossom), red currants, gooseberries, rosemary, bays, sweetbrier, and such like; but these standards to be kept with cutting, that they grow not out of course. For the side grounds, you are to fill them with variety of alleys, private to give a full shade; some of them wheresoever the sun be. "Even at the base of Pompey's statua."-Shakespeare, Jul. Cæsar. 1 You are to frame some of them likewise for shelter, that, when the wind blows sharp, you may walk as in a gallery; and those alleys must be likewise hedged at both ends, to keep out the wind, and these closer alleys must be ever finely gravelled, and no grass, because of going wet. In many of these alleys, likewise, you are to set fruit trees of all sorts, as well upon the walls as in ranges: and this should be generally observed, that the borders wherein you plant your fruit trees be fair, and large, and low, and not steep, and set with fine flowers, but thin and sparingly, lest they deceive the trees. At the end of both the side grounds I would have a mount of some pretty height, leaving the wall of the enclosure breast-high, to look abroad into the fields. For the main garden, I do not deny but there should be some fair alleys ranged on both sides with fruit trees, and some pretty tufts of fruit trees and arbors with seats, set in some decent order; but these to be by no means set too thick, but to leave the main garden so as it be not close, but the air open and free. For as for shade, I would have you rest upon the alleys of the side grounds, there to walk, if you be disposed, in the heat of the year or day; but to make account, that the main garden is for the more temperate parts of the year, and, in the heat of summer, for the morning and the evening, or overcast days. For aviaries, I like them not, except they be of that largeness as they may be turfed, and have living plants and bushes set in them, that the birds may have more scope and natural nestling, and that no foulness appear on the floor of the aviary. So I have made a platform of a princely garden, partly by precept, partly by drawing — not a model, but some general lines of it-and in this I have spared for no cost; but it is nothing for great princes, that, for the most part, taking advice with workmen with no less cost set their things together, and sometimes add statues, and such things, for state and magnificence, but nothing to the true pleasure of a garden. OF STUDIES. STUDIES serve for delight, for ornament, and for ability. Their chief use for delight is in privateness, and retiring; for ornament, is in discourse; and for ability, is in the judgment and disposition of business; for expert men can execute, and perhaps judge of particulars, one by one; but the general counsels, and the plots and 1 Go. To tend to. To deprive by stealth; to rob marshalling of affairs, come best from those that are learned. To spend too much time in studies, is sloth; to use them too much for ornament, is affectation; to make ' judgment wholly by their rules, is the humor of a scholar; they perfect nature, and are perfected by experience-for natural abilities are like natural plants, that need pruning by study; and studies themselves do give forth directions too much at large, except they be bounded in by experience. Crafty men contemn studies, simple men admire them, and wise men use them, for they teach not their own use; but that is a wisdom without them, and above them, won by observation. Read not to contradict and confute, nor to believe and take for granted, nor to find talk and discourse, but to weigh and consider. Some books are to be tasted, others to be swallowed, and some few to be chewed and digested: that is, some books are to be read only in parts; others to be read, but not curiously; and some few to be read wholly, and with diligence and attention. Some books also may be read by deputy, and extracts made of them by others; but that would3 be only in the less important arguments, and the meaner sort of books; else distilled books are, like common distilled waters, flashy things. Reading maketh a full man, conference a ready man, and writing an exact man; and therefore, if a man write little, he had need have a great memory; if he confer little, he had need have a present wit; and if he read little, he had need have much cunning, to seem to know that he doth not. Histories make men wise; poets witty; the mathematics subtle; natural philosophy deep; moral, grave; logic and rhetoric, able to contend: "Abeunt in studia mores — nay, there is no stond or impediment in the wit, but may be wrought out by fit studies, like as diseases of the body may have appropriate exercises - bowling is good for the stone and reins, shooting for the lungs and breast, gentle walking for the stomach, riding for the head, and the like; so, if a man's wits be wandering, let him study the mathematics, for in demonstrations, if his wit be called away never so little, he must begin again; if his wit be not apt to distinguish or find differences," let him study the schoolmen, for they are "cymini sectores; "9 if he be not apt to beat over matters, and to call upon one thing to prove and illustrate another, let him study the lawyers' cases - so every defect of the mind may have a special receipt. 1 Give. 6 • Distinctions. 2 Attentively. "Manners are influenced by studies. 9 "Splitters of cummin." " 7 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 land 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 causa sua coram adversario." 2 1 The office of judges may have a reference unto the parties that sue, unto the advocates that plead, unto clerks and ministers of justice underneath them, and to the sovereign or state above them. First, for the cause of 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 a high hand, violent persecution, 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 even ground. "Qui fortiter emungit, elicit sanguinem; "4 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; especially 1 Deut. xxvii. 17. 2 "A righteous man falling in his cause before his adversary is as a troubled fountain and a corrupt spring.". - Prov. xxv. 26. 3 Amos v. 7. 4 "Who wrings hard draws forth blood."-Cf. Prov. xxx. 33. 2 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 people that shower whereof the Scripture speaketh, "Pluet super eos laqueos;"1 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.3 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 over-speak-, ing 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 stayed 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 byways. There is due from the judge to the advocate some commendation and gracing, 10 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, 2 For; during. 1 "He shall rain snares upon them." - Psalm xi. 6. "It is the duty of a judge to take into consideration the times, as well as the circumstances, of facts."— Ovid, Trist. 1. i. 37 4 Psalm cl. 5. 7 Irrelevancy. 11 Opinion. Conception; apprehension. • Forestall. |