406 ADVANCEMENT OF LEARNING 



business be performed, yet the body of laws in the mean 

 time becomes corrupt; but in the latter, greater diligence 

 must be used when the law itself comes to be weighed 

 anew, and what was before enacted to be reconsidered an 

 tecedent to its passing; by which means the future agree 

 ment and harmony of the laws is well consulted. 



LY. It was in use among the Athenians for six persons 

 annually to examine the contradictory titles of their laws, 

 and propose to the people such of them as could not be rec 

 onciled, that some certain resolution might be taken about 

 them. According to which example, the legislators of every 

 state should once in three or five years, as it shall seem 

 proper, take a review of these contrarieties in law; but let 

 them first be inspected and prepared by committees ap 

 pointed for the purpose, and then brought in for the gen 

 eral assembly to fix and establish what shall be approved 

 by vote. 



LVI. But let not an overdiligent and scrupulous care 

 be used in reconciling the contradictory titles of laws, by 

 subtile and far-fetched distinctions; for this is the weaving 

 of the wit; and whatever appearance it may have of mod 

 esty and reverence, it is to be deemed prejudicial, as render 

 ing the whole body of the laws dissimilar and incoherent. 

 It were, therefore, much better to suppress the worst, and 

 suffer the best to stand alone. 



LVIL Obsolete laws, that are grown into disuse, should 

 in the same manner be cancelled. For as an express statute 

 is not regularly abrogated by disuse, it happens that, from a 

 contempt of such as are obsolete, the others also lose part of 

 their authority; whence follows that torture of Mezentius, 

 whereby the living laws are killed in the embraces of the 

 dead ones. But above all things a gangrene in the laws is 

 to be prevented. 



LYIII. And let courts of equity have a right of decree 

 ing contrary to obsolete laws and statutes not newly enacted; 

 for although, as is well observed, nobody should be wiser 

 than the laws, yet this should be understood of the laws 



