The works of Francis Bacon, lord chancellor of England.

236 CERTIFICATE TOUCHING THE PENAL LAWS.
which I am a debtor: some little helps, I have of pains in the story of England, and in compiling a
other arts, which may give form to matter: and I method and digest of your laws, so have I perhave now, by God's merciful chastisement, and formed the first, which resteth but upon myself,
by his special providence, time and leisure to put tin some part: and I do in all humbleness renew
my talent, or half talent, or what it is, to such the offer of this latter, which will require help and
exchanges as may perhaps exceed the interest of assistance, to your majesty, if it shall stand
an active life. Therefore, as in the beginning of with your good pleasure to employ my service
my troubles I made offer to your majesty to take therein.
A
CERTIFICATE TO HIS MAJESTY,
TOUCHING THE PROJECTS OF
SIR STEPHEN PROCTOR RELATING TO THE PENAL LAWS.
IT MAY PLEASE YOUR SACRED MAJESTY, the other point, I for my part should be very far
WT!TH the first free time from your majesty's from advising your majesty to give ear unto it.
service of more present dispatch, I have perused For, as it is said in the psalm, 6, If thou, Lord,
the projects of Sir Stephen Proctor, and do find it a should be extreme to mark what is done amiss,
collection of extreme diligence and inquisition, who may abide it!" So it is most certain, that
and more than I thought could have met in one your people is so ensnared in a multitude of penal
man's knowledge. For, though it be an easy laws, that the execution of them cannot be borne.
matter to run over many offices and professions, And, as it followeth; " But with thee is mercy,
and to note in them general abuses or deceits; that thou mayest be feared:" so it is an intermixyet, nevertheless, to point at and trace out the ture of mercy and justice that will bring you fear
particular and covert practices, shifts, devices, and obedience: for too much rigour makes people
tricks, and, as it were, stratagems in the meaner desperate. And, therefore, to leave this, which
sort of the ministers of justice or public service, was the only blemish of King Henry VII.'s reign,
and to do it truly and understandingly, is a dis- and the unfortunate service of Empson and Dudcovery whereof great good use may be made for ley, whom the people's curses, rather than any
your majesty's service and good of your people. law, brought to overthrow; the other work is a
But because this work, I doubt not, hath been to work not only of profit to your majesty, but of
the gentleman the work of years, whereas my piety towards your people. For, if it be true in
certificate must be the work but of hours or days, any proportion, that within these five years of
and that it is commonly and truly said, that he your majesty's happy reign, there hath not five
that embraceth much, straineth and holdeth the hundred pounds benefit come to your majesty by
less, and that propositions have wings, but ope- penal laws, the fines of the Star Chamber, which
ration and execution have leaden feet: I most are of a higher kind, only excepted, and yet,
humbly desire pardon of your majesty, if I do for nevertheless, there hath been a charge of at least
the present only select some one or two principal fifty thousand pounds, which hath been laid upon
points, and certify my opinion thereof; reserving your people, it were more than time it received a
the rest as a sheaf by me to draw out, at further remedy.
time, further matter for your majesty's information This remedy hath been sought by divers stafor so much as I shall conceive to be fit or worthy tutes, as principally by a statute in 18, and
the consideration. another of 31, of the late queen of happy memory.
For that part, therefore, of these projects which But I am of opinion, that the appointing of an
concerneth penal laws, I do find the purpose and officer proper for that purpose, will do more good
scope to be, not to press a greater rigour or se- than twenty statutes, and will do that good effectverity in the execution of penal laws; but to ually, which these statutes aim at intentionally.
repress the abuses in common informers, and And this I do allow of the better, because it is
some clerks and under-ministers, that for common none of those new superintendencies, which I see
gain partake with them: for if it had tended to many times offered upon pretence of reformation,