ADVANCEMENT OF LEARNING 415 



where opened for multiplying disputes, wranglings, and 

 altercations about the laws, in the way of showing the wit 

 of the disputants; though this is also an ancient evil, for it 

 was esteemed a piece of glory of old to support numerous 

 questions of law, as it were by sects and fashions, rather 

 than to end them. But this ought to be prevented. 



Instability of judgments 



XCIV. Judgments prove uncertain, either, 1, through 

 an untimely and hasty passing of sentence; 2, the emula 

 tion of courts; 3, a wrong and unskilful recording of judg 

 ments; or, 4, through a too easy and ready way opened for 

 their reversion. Therefore let care be taken, 1, that judg 

 ments proceed upon mature deliberation ; 2, that courts pre 

 serve a due reverence for each other; 3, that judgments be 

 faithfully and prudently recorded: and, 4, that the way for 

 reversing of judgments be made narrow, craggy, and thorny. 



XCY. If judgment be given upon a case in any principal 

 court, and a like case come into another court, proceed not 

 to judgment before a consultation be held in some consider 

 able assembly of the judges. For if decrees are of necessity 

 to be cut off, at least let them be honorably interred. 



XCYI. For courts to quarrel and contend about jurisdic 

 tion is a piece of human frailty, and the more, because of a 

 childish opinion, that it is the duty of a good and able judge 

 to enlarge the jurisdiction of his court: whence this disorder 

 is increased, and the spur made use of instead of the bridle. 

 But that courts, through this heat of contention, should on 

 all sides uncontrollably reverse each other s decrees which 

 belong not to jurisdiction, is an intolerable evil, and by all 

 means to be suppressed by kings, the senate, or the govern 

 ment. For it is a most pernicious example that courts, 

 which make peace among the subjects, should quarrel 

 among themselves. 



XCVII. Let not too easy a passage be opened for the 

 repealing of sentence by appeal, writ of error, rehearing, 

 etc. Some are of opinion, that a cause should be removed 

 to a higher court as a new cause, and the judgment given 



