Selected quad for the lemma: law_n
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A28255
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A letter of advice written by Sr. Francis Bacon to the Duke of Buckingham, when he became favourite to King James
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Bacon, Francis, 1561-1626.
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1661
(1661)
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Wing B302; ESTC R3667
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10,672
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18
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difficulty direct that it be set down in writing then appoint it to be left with you in writing and appoint the Suitor to attend for his answer so many days after as may be competent of which time let a note be taken by your Secretary So shall you be eased of the Suitor in the mean time and he rest quiet till the day appointed in expectation of his dispatch 2. To prepare your self for these answers in their times set a part an houre in a day or two to sort your Petitions which will be easily done if your Secretary draw lines under the matter which alwayes lies in a narrow room 3. Think not your self nor any one or two private friends or servants to be able to comprehend the true reason of all things there is no such omnisciency to be look'd for But deviding the Petitions as they come to your hands into several sorts according to the nature of the matter first cause two or three several Copies to be made of the Petition or the substance of it 4. Then make choice of several men well versed in these several professions or qualities whom you think you may trust and to them severally send Copies desiring them within twenty days after to retun unto you in writing their opinions of the Petition and their reasons for it or against it and let not one of them know what the other doth 5. Then set a part an hour or two twice in a week to peruse these Petitions again and the Answers of the Referrees out of which compared together as out of Responsa prudentium you may collect such a judgment as within a short time you shall be able to judge of the fidelities and abilities of those you trust and return Answers to Petitions of all natures as an Oracle And be assured of this that next to the granting of the Request a reasonable and a faire denial if the matter will not bear it to be otherwise is most acceptable That you may dispose of all these sorts of business in a fit and a dexterous way I conceive that all matters of difficulty which will be presented to you will be one of these eight sorts either Concerning 1. Religion and Church-men or Church-matters 2. The Laws and the Professors thereof 3. The Councel Board and matters of State 4. Negotiation with forreign Princes or States 5. War by Sea or Land 6. Forreign Plantations and Colonyes 7. Matter of Trade 8. The Court or Curialitie What cannot be kauked under one of these heads will not be worthy of your thoughts and you will finde enough of these to take up your time But that you may not study your ease onely but chiefly your honour and the honour of your Master I beseech you to take these materials thus devided into these eight Sections into your more serious thoughts and propound to your self some Rules as Land-marks to guide your judgment in the examination of every one of them as shall come to your hand wherein I shall adventure to make an essay please you to perfect it 1. For Religion if any thing be offered to you touching it or touching the Church or Church-men or Church-government relye not only upon your self but take the opinion of some grave eminent Divines especially such as are sad and discreet men and exemplary for their Lives 2. If any Question be moved concerning the Doctrine of the Church of England expressed in the 39. Articles give not the least ear to the movers thereof that is so soundly and so Orthodoxally settled as cannot be questioned without extream danger to the honour and stability of our Religion which hath been sealed with the blood of so many Martyrs and Confessors as are famous through the Christian World The Enemies and underminers thereof are the Romish Catholiques so stiling themselves on the one hand whose Tenents are inconsistent with the truth of Religion professed and protested by the Church of England whence we are called Protestants and the Anabaptists and Seperatists and Sectaries on the other hand whose Tenents are full of Schisme and inconsistent with Monarchy For the regulating of either there needs no other Cohertion than the due execution of the Laws already established by Parliament 3. If any attempt be made to alter the discipline of our Church although it be not an essential part of our Religion yet it is so necessary not to be rashly altered as the very substance of Religion will be interessed in it Therefore I desire you before any attempt be made of an Innovation by your means or by any Intercession to your Master that you will first read over and his Majesty call to minde that wise and weighty Proclamation which himself penned and caused to be published in the first Year of his Reign and is prefixed in Print before the Book of Common Prayer of that Impression in which you will finde so prudent so weighty Reasons not to hearken to Innovations as will fully satisfie you that it is dangerous to give the least ear to such Innovators but it is desperate to be misled by them But to settle your judgment mark but the admonition of the wisest of men King Solomon Prov. 27. v. 21. My son fear God and the King and meddle not with those who are given to change II. Next touching the Laws wherein I mean the Common Laws of England I shall be the more sparing to speak because it is my profession but thus much I shall say with confidence that if they be righty administred they are the best the equallest in the world between the Prince and People by which the King hath the justest Prerogative and the People the best Liberty and if at any time there be an unjust deviation Hominis est vitium non professionis But that it may in all things have a fairer proceeding Let the King take a care and as much as in you lyes doe you take care for him that the Judges of the Law may be alwayes chosen of the Learnedst of the Profession for an ignorant man cannot be a good Judge of the prudentest and discreetest because so great a part of the Civill Government lyes upon their Charge and indeed little should be done in legall Consultations without them and very much may be done by their prudent advices especially in their Circuits if right use were made of them Believe me Sir much assistance would be had from them besides the delivering of the Gaols and trying of Causes between party and party if the King by himself which were the best or by his Chancellor did give them the Charge according to occurrences at their going forth and receive a particular accompt from them at their return home They would then be the best Intelligencers of the true state of the Kingdome and the surest means to prevent or remove all growing mischeifes within the body of the Realm Next to the Judges let care be taken that the Serjeants at Law be such as
are most probable to be made Judges in the next turn and never to be advanced to that state and degree For it is so stiled for favour or for reward but onely with an eye upon the publick good For the Kings Councel at Law the Kings particular interest will easily perswade him and those who love his service to make choice of the most eminent and most active their experience in these places will make them able for any imployment in that profession afterwards In the Laws we have a native Interest it is our Birth-right and our Inheritance and I think the whole Kingdome will alwayes continue that minde which once the two Houses of Parliament publiquely professed Nolimus Legem Angliae mutare under a Law we must live and under a known Law and not under an arbitrary Law is our happinesse that we do live and the Justices of Peace if a good choice be made of them are excellent Instruments to this State III. For matter of state and affaires proper for Councel board I dare not take upon me to say much they are Secrets arcana and are not fit to descend to too low to too petty matters or private interests Let the King be president of this Councel himself not so much by personal presence but only in great and weighty affairs that may overâ—aw the board too much where in Councels there should be a freedome of discourse and of determination but in pursuing the acts of his Councell table And I do heartily wish that the Councellors themselves would be so advised in their resolutions that they should never be suddaine but that all things there propounded and debated one day should be revised the next and then confirmed or altered upon second thoughts such gravity in their proceedings would much become the honour of that Board and what is thus settled should not be altered again but upon great necessity In the choice of Privy Councellors thus much onely in the generall that there may be some of the number who are severally versed in all knowledges for their better assistance upon Councels of that nature And although to some persons of great Birth the place of Princes Councellors may be bestowed as an honour unto them yet generally the motive should be the Parts of the man and not his Person IV. The Negotiations of Ambassadors and Treaties with Forreign Princes and Estates the subject matter of the Treaty must guide the Choice of the Persons to be imployed But give me leave I pray to remember unto you the constant practise of that famous and wise Lady Q. Elizabeth who was very happy not so much in a numerous as a wise Councel to advise Her If it were an Embassie of Gratulation of Triumph she ever made choice of a person of Honour and Eminency in his degree who taking the imployment as a work of favour was willing to undertake it at an easie rate for the expence of the Crown which hath not often been so of later times But if it were upon some matter of importance from the State there were alwayes imployed at least joyned in the Commission some persons of great judgment and known experience and in such Cases men over-green in years were never the principal Agents yet some younger men were joyned with the elder to train them up in State Affaires V. For matter of War either by Land or Sea Your gracious Master so settled in his judgment for Peace as he hath chosen for his Motto that part of our Saviours beatitudes Beati pacifici It is a happiness to this Nation to be in this blessed condition God send we surfet not with it yet I must tell you the best way to continue a secure peace is to be prepared for a War Security is an ill guard for a Kingdome But this Bul-Kingdome where the Seas are our Walls and the Ships our works where safety and plenty by trade are concomitant it were both a sin and a shame to neglect the means to attain into these ends Let brave spirits that have fitted themselves for Command either by Sea or by Land not to be laid by as persons unnecessary for the time let Arms and Ammunition of all sorts be provided and stored up as against a day of Battell let the Ports and Forts be fitted so as if by the next winde we should hear of an Allarum such a known Providence is the surest protection But of all wars let both Prince and people pray against a War in our own bowels The King by his Wisdome Justice and Moderation must foresee and stop such a storm and if it fall must allay it and the people by their obedience must decline it And for a Forreign War intended by an Invasion to inlarg the bounds of your Empire which are large enough and are naturally bounded with the Ocian I have no opinion either of the justnesse or fitnesse of it and it were a very hard matter to attempt it with help of successe seeing the subjects of this Kingdom believe it is not legal for them to be enforced to go beyond the Seas without their own consent upon hope of an unwarranted Conquest But to resist an Invading Enemy or to suppresse Rebels the Subject may and must be commanded out of the Counties where they inhabite The whole Kingdome is but one intire body else it will necessarily be verified which elswhere was asserted Dum singuli pugnamus omnes vincimur VI. But in the next place for Forreign Plantations and Collonies abroad that 's both honourable and profitable to disburthen the Land of such Inhabitants as may well be spared and to imploy their labours in the Conquest of some Forreign parts without injury to the Natives Yet these cautions are to be observed in these undertakings 1. That no man be compelled to such an employment for that were a banishment not a service fit for a freeman 2. That if any transplant themselves into plantations abroad who are known Schismaticks outlaws or criminal persons that they be sent for back upon the first notice such persons are not fit to lay the foundation of a new Colony 3. To make no extirpation of the Natives under pretence of planting Religion God surely will no way be pleased with such sacrifices 4. That the people sent thither be Governed according to the Lawes of this Realm whereof they are and still must be Subjects 5. To establish there the same purity of Religion and the same discipline for Church-Government without any mixture of Popery or Anabaptisme least they should be drawn into Factions and Schismes and that place receive them there bad and send them back worse 6. To imploy them in profitable trades and manifactures such as the Clime will best fit and such as may be usefull to this Kingdome and returne to them an exchange of things necessary 7. That they be furnished and instructed for the militarie part as they may defend themselves least on a suddain they be exposed as