Sir Francis Bacon: Essays of Francis Bacon

20. Of Counsel (continued)

The counsels at this day, in most places, are but familiar meetings, where matters are rather talked on, than debated. And they run too swift, to the order, or act, of counsel. It were better that in causes of weight, the matter were propounded one day, and not spoken to till the next day; in nocte consilium. So was it done in the Commission of Union, between England and Scotland; which was a grave and orderly assembly. I commend set days for petitions; for both it gives the sudtors more certainty for their attendance, and it frees the meetings for matters of estate, that they may hoc agere. In choice of committees; for ripening business for the counsel, it is better to choose indifferent persons, than to make an indifferency, by putting in those, that are strong on both sides. I commend also standing commissions; as for trade, for treasure, for war, for suits, for some provinces; for where there be divers particular counsels, and but one counsel of estate (as it is in Spain), they are, in effect, no more than standing commissions: save that they have greater authority. Let such as are to inform counsels, out of their particular professions (as lawyers, seamen, mintmen, and the like) be first heard before committees; and then, as occasion serves, before the counsel. And let them not come in multitudes, or in a tribunitious manner; for that is to clamor counsels, not to inform them. A long table and a square table, or seats about the walls, seem things of form, but are things of substance; for at a long table a few at the upper end, in effect, sway all the business; but in the other form, there is more use of the counsellors' opinions, that sit lower. A king, when he presides in counsel, let him beware how he opens his own inclination too much, in that which he propoundeth; for else counsellors will but take the wind of him, and instead of giving free counsel, sing him a song of placebo.