NOTE C C. 



C C. Life, p. xxvii. 



The suggestions by Lord Bacon upon Improvement of the Law are either 



1st. Tracts upon the improvement of the law. 



2dly. Scattered observations in different parts of his works. 



Lord Bacon s Tracts for the Improvement of the Law are 



1. Certificate touching the Penal Laws. 



2. A Proposition to his Majesty touching the compiling and amendment of 

 the Laws of England. 



3. An offer to King James of a Digest of the Laws of England. 



4. Dedication and Preface to his Law Maxims. 



5. Draught of an Act against Usury, and 



6. Ordinance for the Administration of Justice in Chancery. 



7. Justitia Universalis. 



Sir Stephen Procter s Project relating to the Penal Laws. 

 In the Harleian manuscripts in the British Museum there is the following 

 memorial, viz. [See MS. Lansd. 486, fol. 21.] 



1st. A Memorial touching the Review of Penal Lawes and the Amend 

 ment of the Common Law.* 



Forasmuch as it was one of his Majesties Bills of Grace That there should be 

 certain Commissioners, 12 Lawyers and 12 Gent of experience in the Countrie 

 for the Review of penal Lawes and the Repeal of such as are obsolete and 

 Snaring, and the Supply where it shall be needful of Lawes more mild and fit 

 for the time, &c. And thereupon to prepare Bills for the next Parliament. It 

 were now a time for his Maj 1 ? out of his Royal Authorise and Goodness to act 

 this excellent intent, and to grant forth a Commission accordingly wherein 

 besides the excellency of the work in it self, and the pursueing of the intent of 

 that Bill of Grace, Two things will follow for his Majesties Honour and repu 

 tation. 



The one that it will beat down the opinion which is Sometime mut 

 tered, That his Maj y will call no more Parliaments. 



The other that whereas there are Some Rumo rs dispersed that now his 

 Majesty, for the help of his wants, will work upon the penal Lawes, the 

 people shall see his disposicion is so far from that, as he is in hand to 

 abolish many of them. 



There is a second work w ch needeth no Parliament and is one of the rarest 

 works of Sovereigne merit which can fall under the Acts of a King. For Kings 

 that do reform the Body of their Lawes are not only Reges but Legis-latores, 

 and as they have been well called, perpetui Principes, because they reign in 

 their Lawes for ever. 



Wherefore for the Common Law of England it is no Text Law, but the Sub 

 stance of it consisteth in the Series and Succession of Judicial Acts from time to 

 time which have been set down in the Books, which we term Year Books or 

 Reports, so that as these Reports are more or less perfect, so the law itself is 

 more or less certain, and indeed better or worse, whereupon a conclusion may 

 be made that it is hardly possible to conferr upon this Kingdom a greater bene 

 fit, then if his Maj v should be pleased that these Books also may be purged and 

 reviewed, whereby they may be reduced to fewer Volumes and clearer Resolu 

 tions, which may be done, 



By taking away many Cases obsolete and of no use, keeping a re 

 membrance of some few of them for antiquity sake. 



By taking away many Cases that are merely but iterations, wherein a 

 few set down will serve for many. 



By taking away idle Queres which serve but for seeds of uncertainty. 

 By abridging and dilucidating Cases tediously or darkly reported. 

 By purging away Cases erroneously reported and differing from the 

 original verity of the Record. 



* Bacon touching the amendment of La\\c*. 



