to keep all upright and stable; but I have seen | repealed; for if the repeal be doubtful, it must be little in this kind, either in our law or other laws, so propounded to the parliament.

2. The next is, to repeal all statutes which are sleeping and not of use, but yet snaring and in force: in some of those it will perhaps be requisite to substitute some more reasonable law, instead of them, agreeable to the time; in others a simple repeal may suffice.

3. The third, that the grievousness of the penalty in many statutes be mitigated, though the ordinance stand.

that satisfieth me. The naked rule or maxim doth not the effect: It must be made useful by good differences, ampliations, and limitations, warranted by good authorities; and this not by raising up of quotations and references, but by discourse and deducement in a just tractate. In this I have travelled myself, at the first more cursorily, since with more diligence, and will go on with it, if God and your majesty will give me leave. And I do assure your majesty, I am in 4. The last is, the reducing of concurrent stagood hope, that when Sir Edward Coke's Re- tutes, heaped one upon another, to one clear and ports, and my rules and decisions shall come to uniform law. Towards this there hath been alposterity, there will be, whatsoever is now ready, upon my motion, and your majesty's dithought, question, who was the greater lawyer?rection, a great deal of good pains taken; my For the books of the terms of the law, there is a Lord Hobart, myself, Serjeant Finch, Mr. Hepoor one, but I wish a diligent one, wherein neage Finch, Mr. Noye, Mr. Hackwell, and should be comprised not only the exposition of others, whose labours being of a great bulk, it is the terms of law, but of the words of all ancient not fit now to trouble your majesty with any records and precedents. further particularity therein; only by this you may perceive the work is already advanced: but because this part of the work, which concerneth the statute laws, must of necessity come to parliament, and the Houses will best like that which themselves guide, and the persons that themselves employ, the way were to imitate the precedent of the commissioners for the canon laws in 27 Hen. VIII., and 4 Edw. VI., and the commissioners for the union of the two realms, "primo" of your majesty, and so to have the commissioners named by both Houses; but not with a precedent power to conclude, but only to prepare and propound to parliament.

For the abridgments, I could wish, if it were possible, that none might use them, but such as had read the course first, that they might serve for repertories to learned lawyers, and not to make a lawyer in haste: but since that cannot be, I wish there were a good abridgment composed of the two that are extant, and in better order. So much for the common law.

FOR the reforming and recompiling of the statute law, it consisteth of four parts.

1. The first, to discharge the books of those statutes, where the case, by alteration of time, is vanished; as Lombards Jews, Gauls half-pence, &c. Those may nevertheless remain in the libraries for antiquities, but no reprinting of them. The like of statutes long since expired and clearly

This is the best way, I conceive, to accomplish this excellent work, of honour to your majesty's times, and of good to all times; which I submit to your majesty's better judgment.

of God himself, is fitter to be named for honour's sake to other lawgivers, than to be numbered or ranked amongst them. Minos, Lycurgus, and Solon, are examples for themes of grammar scholars. For ancient personages and characters, now-a-days, use to wax children again; though that parable of Pindarus be true, the best thing is water: for common and trivial things are many times the best, and rather despised upon pride, because they are vulgar, than upon cause or use. Certain it is, that the laws of those three lawgivers had great prerogatives. The first, of fame, because they were the pattern amongst the Grecians: the second of lasting, for they continued longest without alteration: the third, of a spirit of reviver, to be often oppressed, and often restored.

Amongst the seven kings of Rome four were lawgivers: for it is most true, that a discourser of Italy saith; "there was never state so well swaddled in the infancy, as the Roman was by the virtue of their first kings; which was a principal cause of the wonderful growth of that state in after-times."

age that followed his times for five successions. to the Hebrews, because he was the scribe But, kings, by giving their subjects good laws, may, if they will, in their own time, join and graft this golden head upon their own necks after their death. Nay, they may make Nabuchodonozor's image of monarchy golden from head to foot. And, if any of the meaner sort of politics, that are sighted only to see the worst of things, think, that laws are but cobwebs, and that good princes will do well without them, and bad will not stand much upon them; the discourse is neither good nor wise. For certain it is, that good laws are some bridle to bad princes, and as a very wall about government. And, if tyrants sometimes make a breach into them, yet they mollify even tyranny itself, as Solon's laws did the tyranny of Pisistratus and then commonly they get up again, upon the first advantage of better times. Other means to perpetuate the memory and merits of sovereign princes are inferior to this. Buildings of temples, tombs, palaces, theatres, and the like, are honourable things, and look big upon posterity: but Constantine the Great gave the name well to those works, when he used to call Trajan, that was a great builder, Parietaria, wallflower, because his name was upon so many walls: so, if that be the matter, that a king would turn wall-flower, or pellitory of the wall, with cost he may. Adrian's vein was better, for his mind was to wrestle a fall with time; and being a great progressor through all the Roman empire, whenever he found any decays of bridges, or highways, or cuts of rivers and sewers, or walls, or banks, or the like, he gave substantial order for their repair with the better. He gave, also, multitudes of charters, and liberties for the comfort of corporations and companies in decay: so that his bounty did strive with the ruins of time. But yet this, though it were an excellent disposition, went but in effect to the cases and shells of a commonwealth. It was nothing to virtue or vice. A bad man might indifferently take the benefit and ease of his ways and bridges, as well as a good; and bad people might purchase good charters. Surely the better works of perpetuity in princes are those that wash the inside of the cup; such as are foundations of colleges, and lectures for learning and education of youth; likewise foundations and institutions of orders and fraternities, for nobleness, enterprise, and obedience, and the like. But yet these also are but like plantations of orchards and gardens, in plots and spots of ground here and there; they do not till over the whole kingdom, and make it fruitful, as doth the establishing of good laws and ordinances; which makes a whole nation to be as a well-ordered college or foundation.

The decemvirs' laws were laws upon laws, not the original; for they grafted laws of Græcia upon the Roman stock of laws and customs: but such was their success, as the twelve tables which they compiled were the main body of the laws which framed and wielded the great body of that estate. These lasted a long time, with some supplementals and the Pretorian edicts "in albo;" which were, in respect of laws, as writing tables in respect of brass; the one to be put in and out, as the other is permanent. Lucius Cornelius Sylla reformed the laws of Rome: for that man had three singularities, which never tyrant had but he; that he was a lawgiver, that he took part with the nobility, and that he turned private man, not upon fear, but upon confidence.

Cæsar long after desired to imitate him only in the first, for otherwise he relied upon new men; and for resigning his power Seneca describeth him right; "Cæsar gladium cito condidit, nunquam posuit," "Cæsar soon sheathed his sword, but never put it off." And himself took it upon him, saying in scorn of Sylla's resignation; "Sylla nescivit literas, dictare non potuit," "Sylla knew no letters, he could not dictate." But for the part of a lawgiver, Cicero giveth him the attribute; "Cæsar, si ab eo quæreretur, quid egisset in toga; leges se respondisset multas et præclaras tulisse;" "If you had asked Cæsar what he did in the gown, he would have answered, that he made many excellent laws." His nephew Augustus did tread the same steps, but with deeper print, because of his long reign in peace; whereof one of the poets of his time saith,

This kind of work, in the memory of times, is rare enough to show it excellent: and yet, not so "Pace data terris, animum ad civilia vertit rare, as to make it suspected for impossible, Jura suum; legesque tulit justissimus auctor.' inconvenient, or unsafe. Moses, that gave laws From that time there was such a race of wit and

authority, between the commentaries and de- | my opinion of them without partiality either to my cisions of the lawyers, and the edicts of the em- profession or country, for the matter and nature of perors, as both law and lawyers, were out of them, I hold them wise, just, and moderate laws: breath. Whereupon, Justinian in the end recom- they give to God, they give to Cæsar, they give to piled both, and made a body of laws such as the subject, what appertaineth. It is true they are might be wielded, which himself calleth glori- as mixed as our language; compounded of British, ously, and yet not above truth, the edifice or Roman, Saxon, Danish, Norman customs: and, structure of a sacred temple of justice, built in- surely, as our language is thereby so much the deed out of the former ruins of books, as materials, richer, so our laws are likewise by that mixture and some novel constitutions of his own. the more complete.

In Athens, they had sexviri, as Eschines ob- Neither doth this attribute less to them, than serveth, which were standing commissioners, who those that would have them to have stood out the did watch to discern what laws waxed improper same in all mutations. For no tree is so good first for the times, and what new law did in any branch set, as by transplanting and grafting. I remember cross a former law, and so "ex officio" propound- what happened to Callisthenes, that followed ed their repeal. Alexander's court, and was grown into some disKing Edgar collected the laws of this king-pleasure with him, because he could not well brook dom, and gave them the strength of a fagot the Persian adoration. At a supper, which with bound, which formerly were dispersed; which was more glory to him, than his sailing about this island with a potent fleet: for that was, as the Scripture saith, "via navis in mari," "the way of a ship in the sea;" it vanished, but this lasteth. Alphonso the Wise, the ninth of that name, King of Castile, compiled the digest of the laws of Spain, entitled the "Siete Partidas ;" an excellent work, which he finished in seven years. And as Tacitus noteth well, that the Capitol, though built in the beginnings of Rome; yet was fit for the great monarchy that came after; so that building of laws sufficeth the greatness of the empire of Spain, which since hath ensued.

Lewis XI. had it in his mind, though he performed it not, to have made one constant law of France, extracted out of the civil Roman law, and the customs of provinces, which are various, and the king's edicts, which with the French are statutes. Surely he might have done well, if, like as he brought the crown, as he said himself, from Page, so he had brought his people from Lackey; not to run up and down for their laws to the civil law, and the ordinances, and the customs, and the discretions of courts, and discourses of philosophers, as they use to do.

King Henry VIII., in the twenty-seventh year of his reign, was authorized by parliament to nominate thirty-two commissioners, part ecclesiastical, and part temporal, to purge the canon law, and to make it agreeable to the law of God, and the law of the land; but it took not effect: for the acts of that king were commonly rather proffers and fames, than either well grounded, or well pursued: but, I doubt, I err in producing so many examples. For, as Cicero said to Cæsar, so I may say to your majesty," Nil vulgare te dignum videri possit. Though, indeed, this, well understood, is far from vulgar: for that the laws of the most kingdoms and states have been like buildings of many pieces, and patched up from time to time according to occasions, without frame or model.

Now for the laws of England, if I shall speak

the Grecians was a great part talk, he was desired, the king being present, because he was an eloquent man, to speak of some theme, which he did; and chose for his theme, the praise of the Macedonian nation, which though it were but a filling thing to praise men to their faces, yet he performed it with such advantage of truth, and avoidance of flattery, and with such life, as was much applauded by the hearers. The king was the less pleased with it, not loving the man, and by way of discountenance said: It was easy to be a good orator in a pleasing theme. "But," saith he to him, "turn your style, and tell us now of our faults, that we may have the profit, and not you the praise only;" which he presently did with such quickness, that Alexander said, That malice made him eloquent then, as the theme had done before. I shall not fall into either of these extremes, in this subject of the laws of England; I have commended them before for the matter, but surely they ask much amendment for the form; which to reduce and perfect, I hold to be one of the greatest dowries that can be conferred upon this kingdom: which work, for the excellency, as it is worthy your majesty's act and times, so it hath some circumstance of propriety agreeable to your person. God hath blessed your majesty with posterity, and I am not of opinion that kings that are barren are fittest to supply perpetuity of generations by perpetuity of noble acts; but, contrariwise, that they that leave posterity are the more interested in the care of future times; that as well their progeny, as their people, may participate of their merit.

Your majesty is a great master in justice and judicature, and it were pity the fruit of that your virtue should not be transmitted to the ages to come. Your majesty also reigneth in learned times, the more, no doubt, in regard of your own perfection in learning, and your patronage thereof. And it hath been the mishap of works of this nature, that the less learned time hath, sometimes, wrought upon the more learned, which now will not be so. As for myself, the law was my profession, to

which I am a debtor: some little helps, I have of | pains in the story of England, and in compiling a other arts, which may give form to matter: and I have now, by God's merciful chastisement, and by his special providence, time and leisure to put my talent, or half talent, or what it is, to such exchanges as may perhaps exceed the interest of an active life. Therefore, as in the beginning of my troubles I made offer to your majesty to take

A

CERTIFICATE TO HIS MAJESTY,

TOUCHING THE PROJECTS OF

SIR STEPHEN PROCTOR RELATING TO THE PENAL LAWS.

as if judges did not their duty, or ancient and sworn officers did not their duty, and the like: but it is only to set a custos or watchman, neither over judges nor clerks, but only over a kind of people that cannot be sufficiently watched or overlooked, and that is, the common promoters or informers: the very awe and noise whereof will do much good, and the practice much more.

I will, therefore, set down first, what is the abuse or inconvenience, and then what is the remedy which may be expected from the industry of this officer. And, I will divide it into two parts, the one, for that, that may concern the ease of your people, for with that will I crave leave to begin, as knowing it to be principal in your majesty's intention, and the other for that that may concern your majesty's benefit.

Concerning the ease of his majesty's subjects, polled and vexed by common informers. The abuses or inconve

niences.

1. An informer exhibits an information, and in that one information he will put a hundred several subjects of this information. Every one shall take out copies, and every one shall put in his several answer. This will cost perhaps a hundred marks that done, no further proceeding. But the clerks have their fees, and the informer hath his dividend for bringing the water to the mill.

It is to be noted, that this vexation is not met with by any statute. For it is no composition, but a discontinuance; and in that case there is no penalty, but costs: and the poor subject will never sue for his costs, lest it awake the informer to revive his information, and so it escapeth clearly.

2. Informers receive

pensions of divers persons to forbear them. And this is commonly of principal offenders, and of the wealthiest sort of tradesmen. For

if one tradesman may
presume to break the
law, and another not, he
will be soon richer than
his fellows. As, for ex-
ample, if one draper
may use tenters, be-
cause he is in fee with
an informer, and others
not, he will soon out-
strip the good trades-
man that keeps the law.

And, if it be thought
strange that any man
should seek his peace
by one informer, when
he lieth open to all, the
experience is otherwise:
for one informer will
bear with the friend of
another, looking for the
The remedies by the in-like measures.
dustry of the officer.
And, besides, they
1. The officer by his have devices to get pri-
diligence finding this ority of information, and
case, is to inform the to put in an information
court thereof, who there- "de bene esse," to pre-
upon may grant good vent others, and to pro-
costs against the infor-tect their pensioners.
mer, to every of the sub- And if it be said this
jects vexed: and withal is a pillory matter to
not suffer the same in- the informer, and there-
former to revive his in-fore he will not attempt
formation against any it; although therein the
of them; and, lastly, statute is a little doubt-
fine him, as for a mis- ful: yet if hanging will
demeanor and abuse of not keep thieves from
justice: and by that stealing, it is not pillory
time a few of such ex- will keep informers
from polling.

amples be made, they
will be soon weary of
that practice.

And, herein, Sir Stephen addeth a notable circumstance: that they will peruse a trade, as of brewers or victuallers, and if any stand out, and will not be in fee, they will find means to have a dozen informations come upon him at once.

3. The subject is often for the same offence vexed by several infor

2. This is an abuse mations: sometimes the
that appeareth not by oneinformernotknowing
any proceeding in court, of the other; and often
because it is before suit by confederacy, to weary
commenced, and there- the party with charge:
fore requireth a particu-upon every of which
lar inquiry.
goeth process, and of

But when it shall be the care and cogitation of one man to overlook informers, these things are easily discovered: for let him but look who they be that the informer calls in question, and hearken who are of the same trade in the same place and are spared, and it will be easy to trace a bargain.

In this case, having discovered the abuse, he ought to inform the barons of the exchequer, and the king's learned counsel, that by the Star Chamber, or otherwise, such taxers of the king's subjects may be punished.

3. The officer keeping a book of all the informations put in, with a brief note of the mat

ter, may be made acquainted with all informations to come in: and if he find a precedent for the same cause, he may inform some of