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XXXIX. Let there be no records of blood, nor sentence 

 of capital crimes, passed in any court, but upon known and 

 certain laws: God himself first pronounced, and afterward 

 inflicted death. Nor should a man lose his life without first 

 knowing that he had forfeited it. 



XL. In the courts of justice, let there be three returns 

 of the jury, that the judges may not only lie under no neces 

 sity of absolving or condemning, but also have a liberty of 

 pronouncing the case not clear. And let there be, besides 

 penalty, a note of infamy or punishment by way of admon 

 ishing others, and chastising delinquents, as it were, by put 

 ting them to the blush with shame and scandal. 



XLI. In courts of justice, let the first overtures and in 

 termediate parts of all great offences be punished, though 

 the end were not accomplished. And this should be the 

 principal use of such courts; for it is the part of discipline 

 to punish the first buddings of offences; and the part of 

 clemency, to punish the intermediate actions, and prevent 

 their taking effect. 



XLIL Great regard must be had in courts of equity, not 

 to afford relief in those cases which the law has not so much 

 omitted as despised for their levity, or, for their odiousness, 

 judged unworthy of a remedy. 



XLIII. But above all, it is of the greatest moment to the 

 certainty of the laws we now speak of, that courts of equity 

 keep from swelling and overflowing, lest, under pretence of 

 mitigating the rigor of the law, they should cut its sinews 

 and weaken its strength by wresting all things to their own 

 disposal. 



XLIY. No court of equity should have a right of de 

 creeing against a statute, under any pretext of equity what 

 ever; otherwise the judge would become the legislator, and 

 have all things dependent upon his will. 



XLY. Some conceive the jurisdiction which decrees ac 

 cording to equity and conscience, and that which proceeds 

 according to strict justice, should be deputed to the same 

 courts, while others would have them kept distinct; which 



