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of wealth and fineness of cunning, do draw also, in further consequence, multitude of suits and controversies, and abuses of laws by evasions and devices; which inconveniences in such times growing more general, do more instantly solicit for the amendment of laws to restrain and repress them.

Your Majesty's reign having been blest from the Highest with inward peace, and falling into an age wherein, if science be increased, conscience is rather decayed; and if men's wits be great, their wills be more great; and wherein also laws are multiplied in number, and slackened in vigour and execution; it was not possible but that not only suits in law should multiply and increase, whereof always a great part are unjust, but also that all the indirect and sinister courses and practices to abuse law and justice should have been much attempted and put in ure: which no doubt had bred greater enormities, had they not, by the royal policy of your Majesty, by the censure and foresight of your Council table and Star-chamber, and by the gravity and integrity of your Benches, been repressed and refrained: for it may be truly observed, that, as concerning frauds in contracts, bargains, and assurances, and abuses of laws by delays, covins, vexations, and corruptions in informers, jurors, ministers of justice, and the like, there have been sundry excellent statutes made in your Majesty's time, more in number, and more politic in provision, than in any your Majesty's predecessors' times.'

2 But I am an unworthy witness to your Majesty of a higher

It may be worth noting that this praise of the Council and Star Chamber are not in the earlier draft. The Camb. MS. in lieu of this whole paragraph commencing "Your Majesty's reign" has: "But your Majesty's time, coming so soon after the reforming of so many imperfections in the common laws as were by the statutes of the King your father removed, needed the less to add further correction to them by way of statutes. It is frauds in contracts, bargains, and assurances, and abuses of laws by delays, covins, vexations and corruptions in informers, jurors, ministers of justice, and the like, which do now most call for redress, wherein there have been sundry excellent statutes " &c.

2 The variation here in the Camb. MS. seems to fix its date. It has: "Above all the rest, I cannot forget your Majesty's most regal and famous intention, compounded both of justice and clemency, which was published by your Chancellor in full Parliament from your royal mouth in the 35th of your happy reign, of purging and removing the multitude of unnecessary penal laws which now lie upon your people as the rain whereof the Psalm speaks, Pluet super eos laqueos, to their infinite [interest] and peril, and besides doth breed another inconvenience as ill as the former, in that the cessation and abstinence to execute these unnecessary laws doth mortify the execution of such laws as are wholesome and most meet to be put in execution both for your Majesty's profit and the universal benefit of the realm. Which intention as it was no doubt a precious seed sown in your Majesty's heart by the Divine hand that holdeth it, so I hope in the maturity of your Majesty's own times will come up and bear fruit, being as a tree of Balsamum to cure and salve the wounds and dangers of your subjects. Wherefore, observing " &c.

This first draft, therefore, was written when his knowledge of any intended legal

intention and project, both by that which was published by your Chancellor in full parliament from your royal mouth, in the five and thirtieth of your happy reign; and much more by that which I have since been vouchsafed to understand from your Majesty, importing a purpose for these many years infused in your Majesty's breast, to enter into a general amendment of the state of your laws, and to reduce them to more brevity and certainty; that the great hollowness and unsafety in assurances of lands and goods may be strengthened; the snaring penalties that lie upon many subjects removed; the execution of many profitable laws revived; the judge better directed in his sentence; the counsellor better warranted in his counsel; the student eased in his reading; the contentious suitor that seeketh but vexation disarmed; and the honest suitor that seeketh but to obtain his right relieved. Which purpose and intention, as it did strike me with great admiration when I heard it, so it must be acknowledged to be one of the most chosen works, of highest merit and beneficence towards the subject, that ever entered into the mind of any king: greater than we can imagine; because the imperfections and dangers of the laws are covered under the clemency and excellent temper of your Majesty's government. And though there be rare precedents of it in government, as it cometh to pass in things so excellent, (there being no precedent full in view but of Justinian,) yet I must say as Cicero said to Cæsar, Nihil vulgare te dignum videri potest. And as it is no doubt a precious seed sown in your Majesty's heart by the hand of God's divine Majesty, so I hope in the maturity of your Majesty's own times it will come up and bear fruit.

But to return thence whither I have been carried; observing in your Majesty upon so notable proofs and grounds this disposition in general of a prudent and royal regard to the amendment of your laws, and having by my private travel collected many of the grounds of the common laws, the better to establish and settle a certain sense of law which doth now too much waver in incertainty, I conceived the nature of the subject, besides my particular obligation, was such, as I ought not to

reform was confined to the Lord Keeper's speech and the debate (in which he took a part and used some of the same topics which here appear) 35° Elizabeth: the later form belongs to a time when he had personal communications with the Queen or her ministers,

dedicate the same to any other than to your sacred Majesty ; both because, though the collection be mine, yet the laws are yours; and because it is your Majesty's reign that hath been as a goodly and seasonable spring weather to the advancing of all excellent arts of peace. And so concluding with a prayer answerable to the present argument, which is, that God will continue your Majesty's reign in a happy and renowned peace, and that he will guide both your policy and arms to purchase the continuance of it with surety and honour, I most humbly crave pardon, and commend your Majesty to the Divine preservation.1

Your Sacred Majesty's most humble

and obeying Subject and Servant,

FRANCIS BACON.

Jan 8th. 1596.

The Camb. MS. ends here with only the date 1596.

THE PREFACE.

I HOLD every man a debtor to his profession; from the which as men of course do seek to receive countenance and profit, so ought they of duty to endeavour themselves, by way of amends, to be a help and ornament thereunto. This is performed in some degree by the honest and liberal practice of a profession, when men shall carry a respect not to descend into any course that is corrupt and unworthy thereof, and preserve themselves free from the abuses where with the same profession is noted to be infected; but much more is this performed if a man be able to visit and strengthen the roots and foundation of the science itself; thereby not only gracing it in reputation and dignity, but also amplifying it in perfection and substance. Having therefore from the beginning come to the study of the laws of this realm with a mind and desire no less (if I could attain unto it) that the same laws should be the better by my industry, than that myself should be the better by the knowledge of them; I do not find that, by mine own travel, without the help of authority, I can in any kind confer so profitable an addition unto that science, as by collecting the rules and grounds dispersed throughout the body of the same laws: for hereby no small light will be given, in new cases and such wherein there is no direct authority, to sound into the true conceit of law by depth of reason; in cases wherein the authorities do square and vary, to confirm the law, and to make it received one way; and in cases wherein the law is cleared by authority, yet nevertheless to see more profoundly into the reason of such judgments and ruled cases, and thereby to make more use of them for the decision of other cases more doubtful; so that the uncertainty of law, which is the principal and most just challenge that is made to the laws of our nation at this time, will by this new strength laid to the foundation somewhat the more settle and be corrected. Neither will the use hereof be only in deciding of doubts, and helping soundness of

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