19. If any one fue to be made a Judge, I fhould fufpect him: but if No Place of Jurifdiction either directly or indirectly he fhould bargain for a Place of Judicature, to be fold. let him be rejected with Shame; Vendere jure poteft, emerat ille prius.

20. When the Place of a Chief Judge of a Court becomes vacant, a The Puifne puifne Judge of that Court, or of another Court, who has approved to be preferred to Chief himself fit and deferving, fhould be fometimes preferred. This would be Judges. a good Encouragement for him, and others by his Example.

21. Next to the Judge, Care fhould be ufed in the Choice of fuch as Serjeants at are called to the Degree of Serjeants at Law; for fuch they must be first, Law. before they are made Judges: and none fhould be made Serjeants but fuch as probably might be held fit for Judges afterwards; when the Experience at the Bar has fitted them for the Bench. Therefore, by all means, fupprefs the unworthy Course of late in Ufe, of paying Money for it: which may fatisfy fome Courtiers, but is no Honour to the Perfon preferred; nor to the King, who thus prefers them.

22. The King's Council at Law, efpecially his Attorney and Sollicitor The King's General, being of continual Ufe in the King's Service; not only for his Council at Revenue, but for all the Parts of his Government; fhould doubtlefs be Law. Attorney and Men every way fit and able for that Employment: they fhould be learned Sollicitor-Gein their Profeffion; not ignorant in other things; and dextrous in those neral.. Affairs, the Difpatch whereof is committed to them.

23. The King's Attorney of the Court of Wards is in the true Quality Attorney of of a Judge; therefore what has already been obferved of the Judges, in- the Wards tended principally of the three great Courts of Law at Westminster, may and Dutchy. be applied to the Choice of the Attorney of this Court. And the like for the Attorney of the Dutchy of Lancaster; who partakes of both Qualities, partly of a Judge in that Court, and partly of an AttorneyGeneral; for fo much as concerns the proper Revenue of the Dutchy.

24. The Judges of the four Circuits in the twelve Shires of Wales, tho The We'fh they are not of the first Magnitude, nor need be of the Degree of the Judges. Coif; except the Chief Juftice of Chefter, who is one of their Number; yet their Choice fhould be directed by the fame Rules as for the other Judges. And indeed these fometimes are, and fitly may be, transplanted into the higher Courts.

25. There are many Courts; fome fuperior, fome provincial, and fome Contentions. of a lower Orb it were to be wifhed, and is fit to be fo ordered, that about the Jueach of them keep within its proper Sphere. The Harmony of Juftice is Courts to be rifdiction of sweetest, when there is no jarring about the Jurifdiction of the Courts prevented. which methinks Wifdom cannot much differ upon; their true Bounds being for the most part fo clearly known.

26. Thus much for the Judges; next for the principal Minifters of Ju- The Highftice. The High-Sheriffs of the Counties have been very ancient in this Sheriff's.. Kingdom; I am fure before the Conqueft: and fuch must be chofe as are fit for the Office; which is of great Truft and Power; the Poffe Comitatus, the Power of the whole County, being legally committed to them. Therefore it is agreeable to the Intention of the Law, that the Choice of

them

Not to be

them should be by the Recommendation of the great Officers of the Kingdom; and by Advice of the Judges; who are prefumed to be well apprized of the Condition of the Gentry of the whole Kingdom: and altho the King may do it of himfelf, yet the old way is the good way.

27. I utterly condemn the Practice lately crept into the Court; that prick'd or ex- fome who are pricked for Sheriffs, and were fit, fhould get out of the cufed for MoBill; and others who were neither thought on, nor worthy, fhould be nominated and both for Money.

rey.

Lieutenants

Counties.

28. As for the Lord Lieutenants, and Deputy Lieutenants of the CounLieutenants offies; their proper Ufe is for the Management of military Affairs, against an Invafion from abroad, or a Rebellion or Sedition at home. Good Choice should be made of them, prudent Inftructions given them, and as little of the arbitrary Power, as poffible, left them. And let not the MusterMasters, and other Officers under them, incroach upon the Subject; for this will detract much from the King's Service.

Justices of

Peace.

Not to be chofe for Favour.

Fuftice and Mercy, how to be mixed.

The Court of

29. The Justices of Peace are of great Ufe. Anciently there were Confervators of the Peace: these are the fame; only feveral Acts of Parliament have altered their Denomination, and enlarged their Jurifdiction in many Particulars : and the fitter they are for preferving the Peace of the Kingdom, the more Care fhould to be taken in the Choice of them. 30. But none fhould be put into either of thefe Commiffions, with an Eye of Favour to their Perfons; to give them Countenance or Reputation in the Places where they live; but for the King's Service only nor fhould any be turned out for the Disfavour of any great Man. This has been often used; and proved of no good Service to the King.

31. Let it be well obferved that the Execution of Juftice is committed to the Judges, which feems the feverer Part; but the milder Part, which is Mercy, is wholly left in the King's immediate Hand: and Juftice and Mercy are the true Supports of the Throne. If the King fhall be wholly intent upon Juftice, it may appear too rigid; but if he be over-remifs and eafy, it draws Contempt upon him. Examples of Juftice must sometimes be made for Terror; Examples of Mercy fometimes for Comfort to others: the one procures Fear, and the other Love. If a King be not both feared and loved, he is loft.

32. The Court of Parliament in England is fuperlative; and therefore Parliament, it will become me to fpeak the more cautiously of it. Its Inftitution is very ancient in this Kingdom. It confifts of the two Houses, of the Peers and Commons, as the Members; and of the King's Majefty, as the Head of that great Body. By the King's Authority alone, and by his Writs, they are affembled; and by him alone are they prorogued and diffolved: but each Houfe may adjourn itself.

are a Council

33. Being thus affembled, they are more properly a Council to the to the King King, than a Court; the great Council of the Kingdom, to advise his Majefty in those things of Weight and Difficulty, which concern both the King and People.

y See Supplement XV. Sect. 11.

34. No new Laws can be made, nor old Laws abrogated or altered, Laws, how but by common Confent in Parliament; where Bills are prepared and pre-passed. fented to the two Houses, and then delivered; but nothing is concluded without the King's Royal Affent: Laws are but Embryos, till he gives them Life.

Peers a Court of Judica

35. Yet the Houfe of Peers has a Power of Judicature in fome Cafes; The Houfe of properly to examine, and then to affirm; or if there be Cause, to reverfe the Judgments, which have been given in the Court of King's- Bench, ture. the Court of highest Jurifdiction in the Kingdom for ordinary Judicature: but in thefe Cafes it must be done by Writ of Error in Parliamento. And thus the Rule of their Proceedings is not abfoluta poteftas, as in making new Laws; but limitata poteftas, according to the known Laws of the Land Z.

Commons.

36. The Houfe of Commons have only Power to cenfure the Members The Power of of their own Houfe, in point of Election or Mifdemeanors, in or towards the House of that Houfe; and have not, nor ever had Power, fo much as to adminifter an Oath to prepare a Judgment.

Parliament.

37. The true Ufe of Parliaments in this Kingdom, is very excellent: Ufe of the and they should be often called, as the Affairs of the Kingdom require; and continued as long as is neceffary, and no longer: otherwife they are but Burdens to the People, by reafon of the Privileges juftly due to the Members of the two Houses and their Attendants; which their juft Rights and Privileges, are religiously to be obferved and maintained: but if they fhould be unjustly enlarged, beyond their true Bounds, they might leffen the juft Power of the Crown; as bordering fo near upon Popularity.

Law.

38. Thus far we have spoke of the Common Law of England, gene- The Civil rally and properly fo called; because 'tis moft general and common to almost all Cafes and Causes, both civil and criminal: but there is also another Law, called the Civil or Ecclefiaftical Law, which is confined to fome Civilians. few Heads; and this is not to be neglected. And altho I am a Profeffor of the Common Law, yet I earnestly advise that the Civilians be not discountenanced nor difcouraged otherwife, when we fhall have to do with any foreign King or State, we fhall be at a miferable Lofs for want of learned Men in that Profeffion.

III.

39. We come now to confider thofe things which relate to Counsellors of Two Sorts of State, the Council Table, and the great Offices and Officers of the King- Counsellors. dom. Of Counsellors there are two forts; the first, Confiliarij nati: fuch are the Prince of Wales, and others of the King's Sons, who are born Counfellors to the King; and are early to learn the Art of Governing. But the ordinary fort of Counsellors are fuch as the King, out of a due Confideration of their Worth, Abilities, and Fidelity to his Perfon and Crown, calls to be of Council with him, in his ordinary Government. And the CouncilTable

2 See Vol. I. pag. 240, &c.

Table.

The Council Table is fo called from the Place where they ufually affemble and fit: and their Oath is the only Ceremony ufed, to make them fuch; which Oath is folemnly given them at their firft Admiffion. These honourable Perfons are from thenceforth of that Board and Body; and cannot come till they are thus called and the King, at his Pleasure, may spare their Attendance; which they at their own Pleasure may not do.

The Council, how to be

chofe.

Their Num

ted.

40. The Council therefore must be chofen of Perfons of great Truft, Fidelity, Wifdom, and Judgment, who are to affift in bearing up the King's Throne; and of known Experience in publick Affairs. Yet it may not be unfit to call fome that are younger, to train them up in that Trade; and fo fit them for those weighty Affairs, against the time of greater Maturity; and fome alfo for the Honour of their Perfons: but these two forts not to be tied to fo ftrict Attendance as the others, from whom the present Difpatch of Business is expected.

41. I could wifh that their Number might not be too great: the Perber to be limi- fons of the Counsellors would then be the more venerable. And Queen Elizabeth, in whose time I had the Happiness to live many Years, was not so much obferved for having a numerous, as a wife Council.

Deputy Privy Counsel

lors.

Privy-Coun

42. The Deputy of a Privy-Counsellor to the King, I conceive, is, not only to attend the Council-Board, at the times appointed; and there to confult of what shall be proposed; but also to study those things which may advance the King's Honour and Safety, and the Good of the Kingdom; and to communicate the fame to the King, or to his Fellow-Counfellors, as there fhall be Occafion.

43. And when any new thing fhall be propofed to Confideration, it fellors not to were advifeable that no Counfellor fuddenly deliver'd any pofitive Opinion give Opinion of a sudden. thereof; because it is not eafy with all Men to retract their Opinions, tho of a there fhould be Caufe for it: but only, at moft, to break it, at first, that it may be the better understood against the next Meeting.

Refolutions

44. When any Matter of Weight has been debated, and feems ready not to be pre- for a Refolution; I could wifh it might not be concluded at that Sitting, cipitated. if the Neceffity of the time do not prefs it; left, upon fecond Thoughts, there fhould be Caufe to alter: which is not for the Gravity and Honour of that Board.

The King to be prefent.

Secrecy requi

red in Privy Counsellors.

45. I wifh alfo that the King would be pleafed fometimes to be present at that Board; it adds a Majefty to it: and yet not be too frequently there; which would render it lefs efteemed, when it is become common; and might alfo make the Counfellors not fo free in their Debates, as they would be in Abfence of the King.

46. Befides the giving of Counfel, the Counsellors are bound by their Duties, ex vi ter mini, as well as by their Oaths, to keep Counfel; and they are therefore called de privato confilio Regis; & a fecretioribus confiliis Regis. One thing I add, in the Negative, which is not fit for that Board; the entertaining of private Caufes, of meum & tuum: thefe fhould be left to the ordinary Courfe and Courts of Juftice.

how to be cho

47. As great Care fhould be ufed, in choofing the Counsellors themselves; Counsellors, fo likewife in choofing the Clerks of the Council, for Secrecy of Confultation: Sen. and it were fit that his Majefty gave ftrict Charge, and bound it also with a folemn Order, that no Copies of the Orders of that Table be delivered out by the Clerks of the Council, but by the Order of the Board: nor any one, not being a Counsellor, or a Clerk of the Council, or his Clerk, to have Access to the Council-Books; and, to this purpose, that the Servants attending the Clerks of the Council be bound to Secrecy, as well as their Masters.

cers.

48. As to the great Offices and Officers of the Kingdom, there need The great Oflittle be faid; the greateft part of them being fuch, as cannot well be fe-fices and Offivered from the Counsellorship: and therefore the fame Rules are to be obferved in the Choice of both. But in the Quality of the Perfons, I conceive it most convenient to have fome of every fort, as it was in the time of Queen Elizabeth; one Bishop at least, in refpect of Questions touching Religion, or Church-Government; one or more fkilled in the Laws; fome for martial Affairs; and fome for foreign Affairs by this Mixture, one will help another in all things, that shall happen to be moved. But if this fhould fail, it will be a fafe way, to confult with fome other able Perfons, well verfed in that point, which is the Subject of their Confultation. And this may be done fo warily, as not to discover the principal End therein.

IV.

49. We come next to foreign Negotiations and Embaffies. With regard hereto it was the Courfe of Queen Elizabeth to vary, according to the Nature of the Employment, and the Quality of the Perfons fhe employed; which is a good Rule to go by.

Embaffies

50. If it were an Embaffy of Congratulation or Ceremony, (which muft of Ceremony. not be neglected) Choice was made of fome noble Perfon, eminent in Place, and able in Purfe; who would take it as a Mark of Favour; and discharge it, without any great Burden to the Queen's Coffers, for his own Honour.

51. But if it were an Embaffy of Weight, concerning Affairs of State, Embalfies of Choice was made of fome grave Perfon, of known Judgment, Wisdom, Business. and Experience; and not of a young Man unpractifed in State Matters; nor of a mere formal Man, whatever his Title or Outfide should be.

52. Yet in Company of fuch were ufually fent fome promifing young The AttenNoblemen, or Gentlemen, as Affiftants or Attendants, according to the dants of EmQuality of the Perfons; who might be thereby prepared and fitted for the bassadors. like Employment another time.

53. And along with them were always fent fome grave and fober Men, fkilful in the Civil Law; fome in the Languages; and fome who had been formerly converfant in the Courts of those Princes, and knew their Ways: thefe were Affiftants in private; but not trufted to manage Affairs in VOL. II.

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