The works of Francis Bacon, lord chancellor of England.

A SPEECH
USED BY
SIR FRANCIS BACON, KNIGHT,
IN THE LOWER HOUSE OF PARLIAMENT,
BY OCCASION OF A MOTION CONCERNING THE UNION OF LAWVS.
AND it please you, Mr. Speaker, were it now a pejores laquei, quam laquei legurn." And theretime to wish, as it is to advise, no man should be fore this work I esteem to be indeed a work, rightly
more forward or more earnest than myself in this to term it, heroical. So that for this good wish
wish, that his majesty's subjects of England and of union of laws I do consent to the full; and I
Scotland were governed by one law: and that for think you may perceive by that which I have said,
many reasons. that I come not in this to the opinion of others,
First, Because it will bean infallible assurance but that I was long ago settled in it myself:
that there will never be any relapse in succeeding nevertheless, as this is moved out of zeal, so I take
ages to a separation. it to be moved out of time, as commonly zealous
Secondly,, "Dulcis tractus pari jugo." If the motions are, while men are so fast carried on to
draught lie most upon us, and the yoke lielightest the end, as they give no attention to the mean:
on them, it is not equal. for if it be time to talk of this now, it is either
Thirdly, The qualities, and, as I may term it, the because the business now in hand cannot proceed
elements of their laws and ours are such, as do without it, or because in time and order this matter
promise an excellent temperature in the com- should be precedent, or because we shall lose some
pounded body: for if the prerogative here be too advantage towards this effect so much desired, if
indefinite, it may be the liberty there is too we should go on in the course we are about. But
unbounded; if our laws and proceedings be too none of these three in my judgment are true; and
prolix and formal, it may be theirs are too informal therefore the motion, as I said, unreasonable.
and summary. For, first, That there may not be a naturalization
Fourthly, I do discern to my understanding, without a union in laws, cannot be maintained.
there will be no great difficulty in this work; for Look into the example ofthe church and the union
their laws, by that I can learn, compared with thereof. You shall see several churches, that join
ours, are like their language compared with in one faith, one baptism, which are the points of
ours: for as their language hath the same roots spiritual naturalization, do many times in policy,
that ours hath, but hath a little more mixture of constitutions, and customs differ; and therefore
Latin and French; so their laws and customs one of the fathers made an excellent observation
have the like grounds that ours have, with a upon the two mysteries; the one, that in *the
little more mixture of the civil law and French gospel, where the garment of Christ is said to
customs. have been without seam; the other, that in the
Lastly, The mean to this work seemeth to me psalm, where the garment of the queen is said to
no less excellent than the work itself: for if both have been of divers colours; and concludeth,
laws shall be united, it is of necessity for prepara-,In veste varietas sit, scissura non sit." So in
tion and inducement thereunto, that our own laws this case, Mr. Speaker, we are now in hand to
be reviewed and recompiled; than the which I make this monarchy of one piece, and not of one
think there cannot be a work, that his majesty colour. Look again into the examples of foreign
can undertake in these his times of peace, more countries, and take that next us of France, and
politic, more honourable, nor more beneficial to there you shall find that they have this distribution,
his subjects for all ages: "spais du droit escrit," and s"pais du droit
Pace data terris. animurn ad civilia vertit coustumier." For Gascoigne, Languedoc, ProJura suurn, legesque tulit justissimus auctor. vence, Dauphiny, are countries governed by the
For this continual heaping up of laws without letter, or text of the civil law: but the Isle of
digesting them, maketh but a chaos and confusion, France, Tourain, Berry, Anjou, and the rest, and
dnd turneth the laws many times to become but most of all Britainy and Normandy are governed
snares for the people, as is said in the Scripture, by customs, which amount to a municipal law, and,46Plxet super eos laqueos." Now "Non sunt use the civil law but only for grounds, and to
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