The works of Francis Bacon, lord chancellor of England.

380 ADVICE TO SIR GEORGE VILLIERS.
the gentry of the whole kingdom: and although of peers and commons, as the members; and of
the king may do it of himself, yet the old way is the king's majesty, as the head of that great
the good way. body: by the king's authority alone, and by his
21. But I utterly condemn the practice of the writs, they are assembled, and by him alone are
later times, which hath lately crept into the court, they prorogued and dissolved; but each House
at the back-stairs, that some who are pricked for may adjourn itself.
sheriffs, and were fit, should get out of the bill; 29. They being thus assembled, are more proand others who were neither thought upon, nor perly a council to the king, the great council of
worthy to be, should be nominated, and both for the kingdom, to advise his majesty in those things
money. of weight and difficulty, which concern both the
922. I must not omit to put you in mind of the king and people, than a court.
lor'd lieutenants and deputy lieutenants of the 30. No new laws can be made, nor old laws
counties: their proper use is for ordering the mili- abrogated or altered, but by common consent in
tary affairs, in order to an invasion from abroad, parliament, where bills are prepared and presentor a rebellion or sedition at home; good choice ed to the two Houses, and then delivered, but
should be made of them, and prudent instructions nothing is concluded but by the king's royal
given to them, and as little of the arbitrary power, assent; they are but embryos, it is he giveth life
as may be, left unto them; and that the muster- unto them.
masters, and other officers under them, encroach 31. Yet the House of Peers hath a power of
not upon the subject; that will detract much from judicature in some cases: properly to examine,
tile kling's service. and then to affirm; or, if there be cause, to reverse
23. The justices of peace are of great use. the judgments which have been given in the
Anciently, there were conservators of the peace; court of King's Bench, which is the court of
these are the same, saving that several acts of highest jurisdiction in the kingdom for ordinary
parliament have altered their denomination, and judicature; but in these cases it must be done by
enlarged their jurisdiction in many particulars: writ of error 1" in parliamento:" and thus the rule
the fitter they are for the peace of the kingdom, of their proceedings is not' absoluta potestas,.
the more heed ought to be taken in the choice of as in making new laws, in that conjuncture at
them. before, but', limitata potestas," according to the
94. But, negatively, this I shall be bold to say, known laws of the land.
that none should be put into either of those com- 32. But the House of Commons have only
missions with an eye of favour to their persons, to power to censure the members of their own House,
give theln countenance or reputation in the places in point of election, or misdemeanors in or towards
where they live, but for the king's service sake; that House; and have not, nor ever had, power so
nor any put out for the disfavour of any great much as to administer an oath to prepare a
man: it hath been too often used, and hath been judgment.
no good service to the king. 33. The true use of parliaments in this king25. A word more, if you please to give me dom is very excellent; and they would be often
leave, for the true rules of moderation of justice called, as the affairs of the kingdom shall require;
on the king's part. The execution of justice is and continued as long as is necessary and no
committed to his judges, which seemeth to be the longer: for then they be but burdens to the
severer part; but the milder part, which is mercy, people, by reason of the privileges justly due to
is wholly left in the king's immediate hand: and the members of the two Houses and their attendjustice and mercy are the true supporters of his ants, which, their just rights and privileges are
royal throne. religiously to be observed and maintained: but
26. If the king shall be wholly intent upon if they should be unjustly enlarged beyond their
justice, it may appear with an over-rigid aspect; true bounds, they might lessen the just power
but if he shall be over-remiss and easy, it of the crown, it borders so near upon popularity.
drauveth upon him contempt. Examples of jus- 34. All this while I have spoken coicerning
tice must be made sometimes for terror to some; the common laws of England, generally and proexamples of mercy sometimes, for comfort to perly so called, because it is most general and
others; the one procures fear, and the other love. A common to almost all cases and causes, both civil
king must be both feared and loved, else he is lost. and criminal: but there is also another law,
27. The ordinary courts of justice I have which is called the civil or ecclesiastical law,
spoken of, and of their judges and judicature: I which is confined to some few heads, and that is
shall put you in mind of some things touching not to be neglected: and although I am a profesthe high court of parliament in England, which is sor of the common law, yet am I so much a lover
superlative; and therefore it will behoove me to of truth and of learning, and of my native counspeak the more warily thereof. try, that I do heartily persuade that the professors
28. For the institution of it, it is very ancient of that law, called civilians, because the civil law
in this kingdom: it consisteth of the two Houses, is their guide, should not be discountenanced nor