Billeder på siden
PDF
ePub

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 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.

Jany 8th. 1596.

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

[blocks in formation]

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 wherewith 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 judgment, but further in gracing of argument; in correcting unprofitable subtlety, and reducing the same to a more sound and substantial sense of law; in reclaiming vulgar errors, and generally in the amendment in some measure of the very nature and complexion of the whole law. And therefore the conclusions of reason of this kind are worthily and aptly called by a great civilian legum leges; for that many placita legum, that is, particular and positive learnings of laws, do easily decline from a good temper of justice, if they be not rectified and governed by such rules.1

Now for the manner of setting down of them, I have in all points to the best of my understanding and foresight applied myself, not to that which might serve most for the ostentation of mine own wit or knowledge, but to that which may yield most use and profit to the students and professors of our laws.

And therefore, whereas these rules are some of them

1 The Preface ends here in the Lincoln's Inn MS.

« ForrigeFortsæt »