4. It will be better to codify.

5. It will compel lawyers to study new law.

These objections he separately and minutely examined. See vol. v. p. 343. Duty of Men in contemplative and active Life to unite in Improvement. The fourth book of the Treatise "De Augmentis" thus opens : "Si quis me, Rex optime, ob aliquid eorum quæ proposui, aut deinceps proponam, impetat aut vulneret (præterquàm quòd intra præsidia Majestatis tuæ tutus esse debeam), sciat is se contra morem et disciplinam militiæ facere. Ego enim, buccinator tantùm, pugnam non ineo; unus fortassè ex iis de quibus Homerus,

Χαίρετε κηρυκες, Διος αγγελοι ηδε και ανδρων :

hi enim inter hostes, etiam infensissimos et acerbissimos, ultrò citròque inviolati ubique commeabant. Neque verò nostra buccina homines advocat et excitat, ut se mutuò contradictionibus proscindant, aut secum ipsi prælientur et digladientur; sed potiùs ut pace inter ipsos factâ conjunctis viribus se adversus naturam rerum comparent, ejusque edita et munita capiant et expugnent, atque fines imperii humani (quantum Deus Opt. Max. pro bonitate suâ indulserit) proferant.'

And in some part of his works, but I do not immediately recollect where, he says, that "will indeed dignify and exalt knowledge, if contemplation and action may be more nearly and strongly conjoined and united together, than they have been a conjunction like unto that of the two highest planets, Saturn the planet of rest and contemplation, and Jupiter the planet of civil society and action."

Duty of Lawyers to assist in Improvement of the Law. In his proposition for a compilation of the law, he says, "Your Majesty, of your favour having made me privy counsellor ; and continuing me in the place of your attorney-general, (which is more than was these hundred years before), I do not understand it to be, that by putting off the dealing in causes between party and party, I should keep holy-day the more but that I should dedicate my time to your service, with less distraction. Wherefore in this plentiful accession of time which I have now gained, I take it to be my duty; not only to speed your commandments and the business of my place, but to meditate, and to excogitate of myself, wherein I may best by my travels, derive your virtues to the good of your people, and return their thanks and increase of love to you again. And after I had thought of many things, I could find in my judgment, none more proper for your majesty as a master, nor for me as a workman, than the reducing and recompiling of the laws of England."

To the same effect, in his Preface to the Elements of the Common Law, he says: "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 desire no less, if I could attain unto it, that the same laws should be the better for my industry, than that myself should be the better for the knowledge of them; 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."

The same grateful feeling is expressed by Sir Edward Coke, who says, " if this or any other of my works may, in any sort, by the goodness of Almighty God, who hath enabled me hereunto, tend to some discharge of that great obligation of duty wherein I am bound to my profession, I shall reap some fruits

from the tree of life, and I shall receive sufficient compensation for all my labours."

he

Merit of legal Improvement. In his Proposition for a Compilation of the Law, says, "Your majesty is a king blessed with posterity; and these kings sort best with acts of perpetuity, when they do not leave them instead of children, but transmit both line and merit to future generations. You are a great master in justice and judicature, and it were pity that the fruit of that virtue should die with you. Your majesty also reigneth in learned times; the more in regard of your own perfections and patronage of learning; and it hath been the mishap of works of this nature, that the less learned time hath wrought upon the more learned; which now will not be so. As for my self the law is my profession, to which I am a debtor. Some little helps I may have of other learning, which may give form to matter; and your majesty hath set ne in an eminent place, whereby in a work, which must be the work of many, I may the better have coadjutors. For the dignity of the work, I know scarcely where to find the like; for surely that scale, and those degrees of sovereign honour are true, and rightly marshalled. First, the founders of estates, then the lawgivers, then the deliverers and saviours, after long calamities; then the fathers of their countries, which are just and prudent princes; and lastly conquerors, which honour is not to be received amongst the rest; except it be where there is an addition of more country and territory to a better government than that was of the conquered.

Dedication to Elements of the Common Law. "To her sacred Majesty. I do here most humbly present and dedicate to your sacred majesty a sheaf and cluster of fruit of the good and favourable season, which, by the influence of your happy government, we enjoy; for if it be true that silent leges inter arma, it is also as true, that your majesty is, in a double respect, the life of our laws, once, because without your authority they are but litera mortua; and again, because you are the life of our peace, without which laws are put to silence. And as the vital spirits do not only maintain and move the body, but also contend to perfect and renew it, so your sacred majesty, who is anima legis, doth not only give unto your laws force and vigour, but also hath been careful of their amendment and reforming; wherein your majesty's proceeding may be compared, as in that part of your government, for if your government be considered in all the parts, it is incomparable, with the former doings of the most excellent princes that ever have reigned, whose study altogether hath been always to adorn and honour times of peace with the amendment of the policy of their laws. Of this proceeding in Augustus Cæsar the testimony yet remains. Pace data terris, animum ad civilia vertit

Jura suum; legesque tulit justissimus auctor. Hence was collected the difference between gesta in armis and acta in toga, whereof be disputeth thus:

Ecquid est, quod tam propriè dici potest actum ejus qui togatus in republica cum potestate imperioque versatus sit quam lex? quære acta Gracchi? leges Sempronii proferantur. Quære Syllæ: Cornelia? Quid? Cn. Pom. tertius consulatus in quibus actis consistet? nempe in legibus: à Cæsare ipso si quæreres quidnam egisset in urbe, et in toga : * leges multas se responderet, et præclaras tulisse.

The same desire long after did spring in the emperor Justinian, being rightly called ultimus imperatorum Romanorum, who, having peace in the heart of his empire, and making his wars prosperously in the remote places of his dominions by his lieutenants, chose it for a monument and honour of his government, to revise the Roman laws, from infinite volumes and much repugnancy, into one competent and uniform corps of law; of which matter himself doth speak gloriously, and yet aptly calling it, proprium et sanctissimum templum justitiæ consecratum: a work of great excellency indeed, as may well appear, in that France, Italy, and Spain, which have long since shaken off the yoke of the Roman empire, do yet nevertheless continue to use the policy of that law: but

more excellent had the work been, save that the more ignorant and obscure time undertook to correct the more learned and flourishing time. To conclude with the domestical example of one of your majesty's royal ancestors: King Edward I. your majesty's famous progenitor, and the principal lawgiver of our nation, after he had in his younger years given himself satisfaction in the glory of arms, by the enterprise of the Holy Land, and having inward peace, otherwise than for the invasions which himself made upon Wales and Scotland, parts far distant from the centre of the realm, he bent himself to endow his state with sundry notable and fundamental laws, upon which the government hath ever since principally rested. Of this example, and others the like, two reasons may be given; the one, because that kings, which, either by the moderation of their natures, or the maturity of their years and judgment, do temper their magnanimity with justice, do wisely consider and conceive of the exploits of ambitious wars, as actions rather great than good; and so, distasted with that course of winning honour, they convert their minds rather to do somewhat for the better uniting of human society, than for the dissolving or disturbing of the same. Another reason is, because times of peace, for the most part drawing with them abundance of wealth and finesse 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 time 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 greater; 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 a great part are always unjust, but also that all the indirect 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 starchamber, and by the gravity and integrity of your benches, been repressed and restrained 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."

In other parts of his works he states his opinions as to the persons who are the best legal reformers, viz.

In his tract on Justitia Universalis, in the treatise De Augmentis, vol. ix. he says: "Restat jam desideratum alterum ex iis, quæ posuimus, duobus ; nimirùm, de Justitia Universali, sive de Fontibus Juris.

Qui de legibus scripserunt, omnes vel tanquam philosophi, vel tanquam jurisconsulti, argumentum illud tractaverunt. Atque philosophi proponunt multa dictu pulcra, sed ab usu remota. Jurisconsulti autem, suæ quisque patriæ legum (vel etiam Romanarum, aut pontificiarum) placitis obnoxii et addicti, judicio sincero non utuntur, sed tanquam e vinculis sermocinantur. Certè cognitio ista ad viros civiles propriè spectat; qui optimè nôrunt quid ferat societas humana, quid salus populi, quid æquitas naturalis, quid gentium mores, quid rerumpublicarum formæ diversæ ; ideòque possint de legibus ex principiis et præceptis, tam æquitatis naturalis quàm politices, decernere. Quamobrem id nunc agatur, ut fontes justitiæ et utilitatis publicæ petantur, et in singulis juris partibus character quidam et idea justi exhibeatur, ad quam particularium regnorum et rerumpublicarum leges probare, atque indè emendationem moliri quisque, cui hoc cordi erit et curæ, possit. Hujus igitur rei, more nostro, exemplum in uno titulo proponemus."

In is nones of mversal ustice, a he Advancement of Learning, he says "For the nove moue mart it overament, which saws, nk good to we only one tenience Vinca 3. hat i hose bat have written of laws tave writer etter a closeuners yr awyers, and one is statesmen. As or the poses they make maginary aws for

maker opissen

their darouses we she stars. vmen ave ittie light, because hev re so liga. For the aves her write according to the states where they ive, what > received lav mnt for what it to be aw: for the wisdom of a aw-maker & one, and of a ver a mother. For there are in nature certain fountains R justice. Vieirs al vi aws are terived out is streams, and, tha as wai is do take theures aut astes rom he soils hrough which they run, so do civi laws vary accoring a te egons and governments where they are mained, though the trom the same fountains. Again, he wisdom of a awatform justice, but in the appilcadon thereof: tag mo nsideration jy what means aws may be made certain, and what are the causes and meaties of the iouotuiness and netainty of law; by what neas av nay le nate apt and easy to be executed, and what are the impediments at renesties in the execution of laws, what milence as touching pawan nem mut am have into the public state, and low they may mate or aut rese: how laws are ʼn be benned and deilvered, whether in texts or 11 875. me or arge, with greampies or without. low nex are to be prmet aut met fom ime u ime, and what is the best means D keep them from beng was in vimes, or to full of multiplesity and crossDess: how they are n de expointed, when apud causes emergent, and uulcially discussed ant vier mon essionses and conferences wicking general points or questions, how they we u be pressed, zgvevus C or Racks (N they are to be mitigated by our and good conscience, and whether Escreton, and strict law are to be minget in the same courts, or kept apart in several courts. Again, how the practice, profession, and erodimon of law is to be ceasured and governed; and many other pants touching the administration, and, as I may term it, animation of laws. Upon which I insist the less, because I propose, if God give me leave. having begun a work of this mature in apavisas, to propound it hereafter, noting it in the meantime for deficient." Vol. îì. p.

2010.

The reasons why men of learning are supposed not to be good reformers, way be collected from the objections by politicians to the advancement of learning, who think that the discourses of the philosopher are hike the stars which give little light, because they are so high. The politician says learning doth mar and pervert men's dispositions for matter of government and policy, in making them too curious and irresolute by variety of reading, or too peremptory of posttive by strictness of rules and axioms, or too immoderate and overweening by reason of the greatness of examples, or too incompatible and differing from the times, by reason of the dissimilitude of examples. Vol, ii. p. 14.

Although Lord Bacon in these observations sanctions the common but erroneous opinion that philosophers are utopian; that they are so ignorant of human nature, as, by hasty generalization, to suppose that all men are immediately capable of the same perfection, he does not so suppose in another part of the Advancement of Learning, when speaking of the objections to learning from the manners of learned men. See vol. ii. page 15.

If Lord Bacon is right in supposing that, in his time lawyers were not the best improvers, it may be well deserving consideration, whether the supposition is not increased in the present times. Lord Bacon, when enumerating the objections by politicians to the advancement of learning, says, "that the advancement of learning has a tendency to divert men of intellect from active life." His words are," it doth divert men's travels from action and business, and bringeth them to a love of leisure and privateness; and that it doth bring into states a relaxation of discipline, whilst every man is more ready to argue, than to obey and execute." (a) If this is true, it will, perhaps, follow, that as society advances in knowledge, the bar will not abound with men of the greatest

(a) Vol. ii. p. 14.

more excellent had the work been, save that the more ignorant and obscure time undertook to correct the more learned and flourishing time. To conclude with the domestical example of one of your majesty's royal ancestors: King Edward I. your majesty's famous progenitor, and the principal lawgiver of our nation, after he had in his younger years given himself satisfaction in the glory of arms, by the enterprise of the Holy Land, and having inward peace, otherwise than for the invasions which himself made upon Wales and Scotland, parts far distant from the centre of the realm, he bent himself to endow his state with sundry notable and fundamental laws, upon which the government hath ever since principally rested. Of this example, and others the like, two reasons may be given; the one, because that kings, which, either by the moderation of their natures, or the maturity of their years and judgment, do temper their magnanimity with justice, do wisely consider and conceive of the exploits of ambitious wars, as actions rather great than good; and so, distasted with that course of winning honour, they convert their minds rather to do somewhat for the better uniting of human society, than for the dissolving or disturbing of the same. Another reason is, because times of peace, for the most part drawing with them abundance of wealth and finesse 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 time 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 greater; 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 a great part are always unjust, but also that all the indirect 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 starchamber, and by the gravity and integrity of your benches, been repressed and restrained 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."

In other parts of his works he states his opinions as to the persons who are the best legal reformers, viz.

In his tract on Justitia Universalis, in the treatise De Augmentis, vol. ix. he says: "Restat jam desideratum alterum ex iis, quæ posuimus, duobus ; nimirùm, de Justitiâ Universali, sive de Fontibus Juris.

Qui de legibus scripserunt, omnes vel tanquam philosophi, vel tanquam jurisconsulti, argumentum illud tractaverunt. Atque philosophi proponunt multa dictu pulcra, sed ab usu remota. Jurisconsulti autem, suæ quisque patriæ legum (vel etiam Romanarum, aut pontificiarum) placitis obnoxii et addicti, judicio sincero non utuntur, sed tanquam e vinculis sermocinantur. Certè cognitio ista ad viros civiles propriè spectat; qui optimè nôrunt quid ferat societas humana, quid salus populi, quid æquitas naturalis, quid gentium mores, quid rerumpublicarum formæ diversæ ; ideòque possint de legibus ex principiis et præceptis, tam æquitatis naturalis quâm politices, decernere. Quamobrem id nunc agatur, ut fontes justitiæ et utilitatis publicæ petantur, et in singulis juris partibus character quidam et idea justi exhibeatur, ad quam particularium regnorum et rerumpublicarum leges probare, atque indè emendationem moliri quisque, cui hoc cordi erit et curæ, possit. Hujus igitur rei, more nostro, exemplum in uno titulo proponemus."