Wherefore, considering that I write to a king that is a master of this science, and is so well assisted, I think it decent to pass 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 God give me leave), having begun a work of this nature in aphorisms, to propound it hereafter, noting it in the meantime for deficient.
(50) And for your Majesty's laws of England, I could say much of their dignity, and somewhat of their defect; but they cannot but excel the civil laws in fitness for the government, for the civil law was nonhos quaesitum munus in usus; it was not made for the countries which it governeth. Hereof I cease to speak because I will not intermingle matter of action with matter of general learning.
XXIV. Thus have I concluded this portion of learning touching civil knowledge; and with civil knowledge have concluded human philosophy; and with human philosophy, philosophy in general. And being now at some pause, looking back into that I have passed through, this writing seemeth to me (si nunquam fallit imago), as far as a man can judge of his own work, not much better than that noise or sound which musicians make while they are in tuning their instruments, which is nothing pleasant to hear, but yet is a cause why the music is sweeter afterwards. So have I been content to tune the instruments of the Muses, that they may play that have better hands. And surely, when I set before me the condition of these times, in which learning hath made her third visitation or circuit in all the qualities thereof; as the excellency and vivacity of the wits of this age; the noble helps and lights which we have by the travails of ancient writers; the art of printing, which communicateth books to men of all fortunes; the openness of the world by navigation, which hath disclosed multitudes of experiments, and a mass of natural history; the leisure wherewith these times abound, not employing men so generally in civil business, as the states of Graecia did, in respect of their popularity, and the state of Rome, in respect of the greatness of their monarchy; the present disposition of these times at this instant to peace; the consumption of all that ever can be said in controversies of religion, which have so much diverted men from other sciences; the perfection of your Majesty's learning, which as a phoenix may call whole volleys of wits to follow you; and the inseparable propriety of time, which is ever more and more to disclose truth; I cannot but be raised to this persuasion, that this third period of time will far surpass that of the Grecian and Roman learning; only if men will know their own strength and their own weakness both; and take, one from the other, light of invention, and not fire of contradiction; and esteem of the inquisition of truth as of an enterprise, and not as of a quality or ornament; and employ wit and magnificence to things of worth and excellency, and not to things vulgar and of popular estimation.