a proposition TO his majesty touch the compile and amendment of the law of  England your majesty OF your favour have make I privycouncillor and continue I  in the place of your attorney general which be more then be these hundred year  before I do not understand it to be that by put off the deal in cause between  party and party I shall keep holiday the more but that I shall dedicate my  time to your service with less distraction wherefore in this plentiful  accession of time which I have now gain I take it to be my duty not only to  speed your commandment and the business of my place but to meditate and to  excogitate of my self wherein I may best by my travel derive your virtue to  the good of your people and return their thank and increase of love to you  again and after I have think of many thing I can ind in my judgement none more  proper for your majesty as a master nor for I as a workman then the reduce and  recompiling of the law of England your majesty be a king bless with posterity  and these king sort best with act of perpetuity when they do not leave they  instead of child but transmit both line and merit to future generation you be  a great master in justice and judicature and it be pity that the fruit of that  virtue shall die with you your majesty also reign in learned time the more in  regard of your own perfection and patronage of learning and it have be the  mishap of work of this nature that the less learned time have wrought upon the  more learned which now will not be so as for my self the law be my profession  to which I be a debtor some little help I may have of other learning which may  give from to matter and your majesty have set I in a eminent place whereby in  a work which must be the work of many I may the better have coadjutor  therefore not to hold your majesty with any long preface in that which I  conceive to be nothing less then word I will proceed to the matter which  matter it self nevertheless require somewhat brief to be say both of the  dignity and likewise of the safety and convenience of this work and then to go  to the main that be to say to show how the work be to be do which incidently  also will best demonstrate that it be no vast nor speculative thing but a real  and feizable Callisthenes that follow alexanders court and be grow in some  displeasure with he because he can not well brook the Persian adoration at a  supper which with the grease be ever a great part talk be desire because he be  a eloquent man to speak of some theme which he do and choose for his theme the  praise of the Macedonian nation which though it be but a illing thing to  praise man to their face yet he do it with such advantage of truth and  avoidance of flattery and with such life as the hearer be so ravish with it  that they pluck the rise off from their garland and throw they upon he as the  manner of applause then be Alexander be not please with it and by way of  discountenance say it be easy to be a good orator in a please theme but say he  to Callisthenes turn your style and tell we now of our fault that we may have  the profit and not you only the praise which he present do with such a force  and so piquantly that Alexander say the goodness of his theme have make he  eloquent before but now it be the malice of his heart that have inspire he sir  I shall no fall into either of those two extreme concern the law of England  they commend themselves best to they that understand they and your majesty  chief justice of your bench have in his write magnify they not with out Cause  certain they be wise they be just and moderate law they give to God they give  to Caesar they give to the subject that which appertain it be true they be as  mix as our language compound of British rman Saxon Danish Norman custom and as  our language be so much the rich so the law be the more complete neither do  this attribute less to they then those that will have they to have stand out  the same in all mutation for no ree be so good first set as by transplant as  for the second extreme I have nothing to do with it by way of tax the law I  speak only by way of Perfitting they which be easy in the bst thing for that  which be far amiss hardly receive amendment but that which have already to  that more may be give esides what I shall propound be not to the matter of the  law but to the manner of their registry expression and tradition so that it  give they rather light then any new nture this be so for the dignity of the  work I know scarce where to find the like for sure that scale and those degree  of sovereign honour be true and right marshal first the founder of estate then  the law giver then the deliverer and saviour after long calamity then the  Fahers of their country which be just and prudent prince and last conqueror  which honour be not to be receive among the rest except it be where there be a  addition of more country and territory to a better government then that be of  the conquer of these in my judgement your majesty may with more truth then  flattery be entitle to the first because of your unite of Britain plant  Ireland both which a river in Pannonia of the founder that which I now  propound to you may adopt you also into the second lawgiver have be call  Princeps  Perpeui because as bishop gardener say in a bid sense that he will  be bishop a hundred year after his death in respect of the long lease he make  so lawgiver be still king and ruler after their decease in their law but this  work shine so in it self needs no taper for the safety and convenience thereof  it be good to consider and to answer those Objectious or scruple which may  arise or be make against this work Obj that it be a thing needless and that  the law as it now be be in good estate comparable to any foreign law and that  it be not possible for the wit of man in respect of the frailty thereof to  provide against the incertainty and evasion or omission of law resp for the  comparison with foreign law it be in vain to speak of it for man will never  agree about it our lawyer will maintain for our municipal law civilian scholar  Travaillers will be of the other opinion but certain it be that our law as  they now stand be subject to great incertainty and variety of opinion delay  and evasion whereof ensue that the multiplicity and length of suit be great  that the contentious person be arm and the honest subject weary and oppress  that the judge be more absolute who in doubtful case have a great stroke and  liberty that the chancery court be more fill the remedy of law be often  obscure and dfll that the ignorant lawyer shroud his ignorance of law in that  doubt be so frequent and many that man assurance of their land and stae by  patent deed will be often subject to question and hollow and many the like  inconvenience it be a good rule and direction for that all law secundum  to greater extent minus do participate of incertainty that follow mark whether  the doubt that arise be only in case of ordinary experience or which happen  not every day f in the first only impute it to frailty of Manoresight that can  reach by law to all case but if in the Lttr be assure there be a fault in the  law of this I say no more but that to give every man his due have it not be  for S Edward cokees report which though they may have error and some  peremptory and extrajudicial resolution more then be warrant yet they contain  infinite good decision and rulings over of case the law by this time have be  almost like a ship without ballast for that the case of modern experience be  flee from those that be adjudge and rule in former time but the necessity of  this work be yet great in the statute law for first there be a number of  ensnare Penal law which lie upon the subject and if in bid time they shall be  awake and put in execution will grind they to powder there be a learned  civilian that expound the curse of the prophet to rain super eos noose of  multitude of Penal law which be worse then shower of hail or tempest upon  cattle for they fall upon man there be some Penal law fit to be retain but tir  enalty too great and it be ever a rule that any you great penalty beside the  acerbity of it dead the execution of the law there be a further inconvenience  of Penal law obsolete and out of use for that it bring a gangrene neglect and  habit disobedience upon other wholesome law that be fit to be continue in  practice and execution so that our law endure the torment of Mezentius the  live die in the arm of the dead last there be such a accumulation of statute  concern one matter and they so cross and intricate as the certainty of law be  lose in the heap as your majesty have experience last day upon the point  whether the Incendary of newmarket shall have the benefit of his clergy Obj  that it be a great innovation and innovation be dangerous beyond foresight  resp all purge and medicine either in the civil or natural body be innovation  so as that argument be a common place against all noble reformation but the  trth be that this work ought not to be term or hold for any innovation in the  suspect sense for those be the innovation which be quarrel and speak against  that concern the conscience estate and fortune of particular person but this  of general ordinance prick not particular but pass without Strepiu beside it  be on the favourable part for it ease it press not and last it be rather  matter of order and explanation then of alteration neither be this without  precedent in former government the Roman by their decemvir do make their  twelve table but that be indeed a new enact or constitute of law not a  register or recompiling and they be make out of the law of the grease not out  of their own custom in Athens they have a member of a board which be stand  commissioner to watch and to discern what law wax unproper for the time and  what new law do in any branch cross a former law and so ex duty propound their  repeal king Lewis the that of France have it in his intention to have make one  perfect and uniform law out of the civil law Roman and the Povinciall custom  of France justinian the emperor by commission direct to diverse person learned  in the law reduce the Roman law from vastness of volume and a labyrinth of  incertainty unto that course of the civil law which be now in use I find here  at home of late year that king Henry the that in the twenty seven of his reign  be authorize by parliament to nominate thirty two commissioner part  ecclesiastical part temporal to purge the canon law and to make it agreeable  to the law of God and the law of the realm and the same be revive in the four  year of Edward the that though neither take effect for the law of Lycurgus  Solon Ninos and other of ancient time they be not the worse because grammar  scholar speak of they but thing too ancient wax child with we again Edgar the  Saxon king collect the law of this kingdom and give they the strength of a  faggot bind which former be disperse the statute of king Edward the first be  fundamental but I doubt I err in produce so many example for as Cicero say to  Caesar so may I say to your majesty nil vulgar te worthy to see to be able Obj  in this purge of the course of the commonlawes and statute much good may be  take away resp in all purge some good humour may pass away but that be large  recompense by lightning the body of much bid Obj labour be better bestow in  bring the commonlawes of England to a text law as the statute be and set both  of they down in method and by title resp it be too long a business to debate  whether law scribe or non scribe a text law or custom well register with  receive and approve ground and maxim and act and resolution judicial from time  to time due enter and report be the better from of declare and authorize law  it be the principal reason or oracle of Lycurgus that none of his law shall be  write custom be law write in live table and some tradition the church do not  disauthorize in all science they be the sound that keep close to particular  and sure I be there be more doubt that rise upon our statute which be a text  law then upon the commonlaw which be no text law but howsoever that question  be determine I dare not advice to cast the law into a new mould the work which  I propound tend to proining and graft the law and not to blow up and plant it  again for such a remove I shall hold indeed for a perilous innovation Obj it  will turn the judge counsellor of law and student of law to school again and  make they to seek what they shall hold and advice for law and it will impose a  new charge upon all lawyer to furnish themselves with new book of law resp for  the former of those ouching the new labour it be true it will follow if the  law be new mould into a text law for then man must be new to begin and that be  one of the reason for which I disallow that course but in the way that I shall  now propound the entire body and substance of law shall remain only discharge  of idle and unprofitable or hurtful matter and illustrate by order and other  help towards the better understanding of it and judgement thereupon for the  latter touch the new charge it be not worth the speak of in a matter of so  high importance it may have be use of the new translation of the bible and  such like work book must follow science and not science book the work it self  and the way to reduce and recompile the law of England this work be to be do  to use some few word which be the language of action and effect in this manner  it consist of two part the digest or recompiling of the commonlawes and that  of the statute in the first of these three thing be to be do the compile of a  book de antiquity justice the reduce or perfect of the course or corpse of the  commonlawes the compose of certain introductive and auxiliary book touch the  study of the law for the first of these all ancient record in your tower or  else where contain act of parliament lord patent commission and judgement and  the like be to be search peruse and weigh and out of these be to be select  those that be of most worth and weight and in order of time not of title for  the more conformity with the yearbook to be set down and register rare in haec  word but sum with judgement not omit any material part these be to be use for  reverend precedent but not for bind authority for the second which be the main  there be to be make a perfect course of the law in Serie time or yearbook as  we call they from Edward the first to this day in the compile of this course  of law or yearbook the point follow be to be observe first all case which be  at this day clear no law but constant rule to the contrary be to be leave out  they do but fill the volume and season the wit of student in a contrary sense  of law and so likewise all case wherein that be solemn and long debate whereof  there be now no question at all be to be enter as judgement only and  resolution but without the argument which be now become but frivolous yet for  the observation of the deep sort of lawyer that they may see how the law have  alter out of which they may pick sometime good use I do advice that upon the  first in time of those obsolete case there be a memorandum set that at that  time the law be thus take until such a time c second omonymiae as justinian  call they that be case mere of iteration and repetition be to be purge away  and the case of identity which be best report and argue to be retain instead  of the rest the judgement nevertheless to be set down every one in time as  they be but with a quotation or reference to the case where the point be argue  at large but if the case consist part of repetition part of new matter the  repetition be only to be omit three as to the Antinomiae case judge to the  contrary it be too great a trust to refer to the judgement of the composer of  this work to decide the law either way except there be a currant stream of  judgement of late time and then I reckon the contrary case among case obsolete  of which I have speak before nevertheless this diligence will be use that such  case of contradiction be special note and collcted to the end those doubt that  have be so long militant may either by assemble all the judge in the exchequer  Chamber or by parliament be put into certainty for to do it by bring they in  question under feign party be to be dislike nil to have forum ex theater stage  fourthly all idle query which be but seminary of doubt and incertainty be to  be leave out and omit and no query set down but of great doubt well debate and  leave undecided for difficulty but no doubt or upstart query which though they  be touch in argument for explanation yet be better to die then to be put into  the book last case report with too great prolixity will be draw into a more  Compendious report not in the nature of a abridgement but Tautoligies and  impertinence to be cut off as for misprinting and insensible report which many  time confound the student that will be obiter amend but more principal if  there be any thing in the report which be be not well warrant by the record  that be also to be rectify the course be thus compile then it rest but for  your majesty to appoint some grave and sound lawyer with some honourable  stipend to be reporter for the time to come and then this be settle for all  time for the auxiliary book that conduce to the study and science of the law  they be three institution a treatise de petty king justice and a better book  de a word signal or term of the law for the institution I know well there be  book of introduction wherewith student begin of good worth special Littleton  and Fitzherbert nature narrow places  but hey a no way of the nature of a  institution the office whereof be to be a key and general preparation to the  read of the course and principal it ought to have woe property the one a  perspicuous and clear order oMethod and the other a universal latitude or  comprehension that the student may have a little Prae notion of every thing  like a model towards a great building for the treatise de petty king justice I  hold it of all other thing the most important to the health as I may term it  and good institution of any law it be indeed like the ballast of a ship to  keep all upright and stable but I have see little in this kind either in our  law or other law that satisfy I the naked rule or maxim do not the effect it  must be make useful by good difference Ampliations and limitation warrant by  good authority and this not by raise up of quotation and reference but by  discourse and deducement in a just tractate in this I have travel my elf at  the first more cursory since with more diligence and will go on with it if God  and your majesty will give I leave and I do assure your majesty I be in good  hope that when sir Edward cokees report and my rule and decision shall come to  posterity there will be whatsoever be now think question who be the great  lawyer for the book of the term of the law there be a poor one but I wish a  diligent one wherein shall be comprise not only the exposition of the term of  law but of the word of all ancient record and precedent for the abridgement I  can wish if it be possible that none may use they but such as have read the  course first that they may serve for repertories to learned lawyer and not to  make a lawyer in have but since that can be I wish there be a good abridgement  compose of the two that be exstant and in better order so much for the  commonlaw statute law for the reform and recompiling of the statute law it  consist of four part the first to discharge the book of those statute where as  the case by alteration of time be vanish as Lombard jews Gaul half penny c  those may nevertheless remain in the library for antiquity but no reprint of  they the like of statute long since expire and clear repeal for if the repeal  be doubtful it must be so propound to the parliament the next be to repeal all  statute which be sleep and not of use but yet snare and in force in some of  those it will perhaps be requisite to substitute some more reasonable law  instead of they agreeable to the time in other a simple repeal may suffice the  three that the grievousness of the penalty in many statute be mitigate though  the ordinance stand the last be the reduce of concurrent statute heap one upon  another to one clear and uniform law towards thy there have be already upon my  motion and your majesty direction a great deal of good pain take my lord Hoert  my self Sergant finch mr Hennage finch mr noy mr hackwell and other who labour  be of a great bulk it be not fit now to trouble your majesty with any further  particularity therein only by this you may perceive the work be already  advance but because this part of the work which concern the statute law must  of necessity come to parliament and the house will best like that which  themselves guide and the person that themselves employ the way be to imitate  the precedent of the commissioner for the canon law in Henry and Edward and  the commissioner for the union of the two realm primo of your majesty and so  to have the commissioner nam by both house but not with a precedent power to  conclude but only to prepare and propound to parliament this be the best way I  conceive to accomplish this excellent work of honour to your majesty time and  of good to all time which I submit to your majesty better judgement