The works of Francis Bacon, lord chancellor of England.

232 A PROPOSAL FOR AMENDING THE LAWS OF ENGLAND.
THIs work is to be done, to use some few the judgment of the composers of this work, to
words, which is the language of action and effect, decide the law either way, except there be a
in this manner. current stream of judgments of later times; and
It consisteth of two parts; the digest or recom- then I reckon the contrary cases amongst cases
piling of the common laws, and that of the sta- obsolete, of which I have spoken before: nevertutes. theless, this diligence would be used, that such
In the first of these, three things are to be cases of contradiction be specially noted and
dorne: collected, to the end those doubts, that have been
1. The compiling of a book "De antiquitati- so long militant, may either, by assembling all
bus juris." the judges in the exchequer chamber, or by
2. The reducing or perfecting of the course or parliament, be put into certainty. For to do,.orps of the common laws. it, by bringing them in question under feiigned
3. The composing of certain introductive and parties, is to be disliked. "' Nihil habeat forum
auxiliary books touching the study of the laws. ex scena."
For the first of these, all ancient records in Fourthly, All idle queries, which are but semiyour Tower, or elsewhere, containing acts of par- naries of doubts, and uncertainties, are to be left
liament, letters patents,'commissions, and judg- out and omitted, and no queries set down, but of
ments, and the like, are to be searched, perused, great doubts well debated, and left undecided
and weighed: and out of these are to be selected for difficulty; but no doubting or upstartinig
those that are of most worth and weight, and in queries, which, though they be touched in arguorder of time, not of titles, for the more conform- mnent for explanation, yet were better to die than
ity with the year-books, to be set down and re- to be put into the books.
gistered, rarely in "h be verba;" but summed Lastly, Cases reported with too great prolixity
with judgment, not omitting any material part; would be drawn into a more compendious report;
these are to be used for reverend precedents, but not in the nature of an abridgment, but tautolonot for binding authorities. gies and impertinences to be cut off: as for misFor the second, which is the main, there is to be printing, and insensible reporting, which many
made a perfect course of the law'4 in serie tem- times confound the students, that will be "6 obiter"
poris," or year-books, as we call them, from Ed- amended; but more principally, if there be any
ward the First to this day: inl the compiling of thing in the report which is not well -warranted
this course of law, or year-books, the points fol- by the record, that is also to be rectified: the
lowing are to be observed. course being thus compiled, then it resteth but for
First, All cases which are at this day clearly your majesty to appoint some grave and sound
no law, but constantly ruled to the contrary, are lawyers, with some honourable stipend, to be
to be left out; they do but fill the volumes, and reporters5 for the time to come, and then this is
season the wits of students in a coitrary sense of settled for all times.
law. And so, likewise, all cases, wherein that is
solemnly and long debated, whereof there is now FOR the auxiliary books that conduce to the
no question at all, are to be entered as judgments study and science of the law, they are three: Inonly, and resolutions, but without the arguments, stitutions; a treatise s De regulis juris;" and a
which are now become but frivolous: yet, for the better book ", De verborum significationibus," or
observation of the deeper sort of lawyers, that terms of the law. For the Institutions, I know
they may see how the law hath altered, out of well there be books of introductions, wherewith
which they may pick sometimes good use, I do students begin, of good worth, especially Littleadvise, that upon the first in time of those obso- ton and Fitzherbert's ",Natura brevium;" but
lete cases there was a memorandum set, that at they are noways of the nature of an institution;
that time the law was thus taken, until such a the office whereof is to be a key and general pretime, &c. paration to the reading of the course. And prinSecondly, Homonymioe, as Justinian calleth cipally it ought to have two properties; the one a
them, that is, cases merely of iteration and repe- perspicuous and clear order or method; and the
tition, are to be purged away: and the cases of other, a universal latitude or comprehension,
identity, which are best reported and argued, to that the students may have a little prenotion of
be retained instead of the rest; the judgments, every thing, like a model towards a great buildnevertheless, to be set down, every one in time as ing. For the treatise 1" De regulis juris," I hold
they are, but with a quotation or reference to the it, of all other things, the most important to the
case where the point is argued at large: but if health, as I may term it, and good institutions of
the case consist, part of repetition, part of new any laws: it is indeed like the ballast of a ship,
matter, the repetition is only to be omitted.
Thirdly, As to the Antinomiae, cases judged to * This constitution of reporters I obtained of the king, after
Iwas chancellor; and there are two appointed with 1001.
the contrary, it were too great a trust to refer to a year apiece stipend.