2 86 BACON 



30. An example rejected in the same, or next succeeding age, should 

 not easily be received again when the same case recurs; for it makes not 

 so much in its favor that men sometimes used it, as in its disfavor that 

 they dropped it upon experience. 



31. Examples are things of direction and advice, not rules or orders, 

 and therefore should be so managed as to bend the authority of former 

 times to the service of the present. 



Pratorian and censorian courts 



32. III. There should be both courts and juries, to judge according 

 to conscience and discretion, where the rule of the law is defective ; for 

 laws, as we before observed, cannot provide against all cases, but are 

 suited only to such as frequently happen: time, the wisest of all things, 

 daily introducing new cases. 



33. But new cases happen both in criminal matters, which require 

 punishment ; and in civil causes, which require relief. The courts that 

 regard the former, we call censorial, or courts of justice; and those 

 that regard the latter, prsetorial, of courts of equity. 



34. The courts of justice should have jurisdiction and power, not 

 only to punish new offences, but also to increase the penalties ap- 

 pointed by the laws for old ones, where the cases are flagrant and 

 notorious, yet not capital; for every enormous crime may be esteemed 

 a new one. 



35. In like manner, the courts of equity should have power as well 

 to abate the rigor of the law as to supply its defects; for if a remedy 

 be afforded to a person neglected by the law, much more to him who 

 is hurt by the law. 



36. Both the censorial and prsetorial courts should absolutely confine 

 themselves to enormous and extraordinary cases, without invading 

 the ordinary jurisdictions; lest otherwise the law should rather be 

 supplanted than supplied. 



37. These jurisdictions should reside only in supreme courts, and 

 not be communicated to the lower; for the power of supplying, extend- 

 ing, or moderating the laws, differs but little from a power of making 

 them. 



38. These courts of jurisdiction should not be committed to a single 

 person, but consist of several; and let not their verdict be given in 

 silence, but let the judges produce the reasons of their sentence openly 

 and in full audience of the court; so that what is free in power may yet 

 be limited by regard to fame and reputation. 



39. 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 afterwards inflicted death. Nor should a man 

 lose his life without first knowing that he had forfeited it. 



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

 that the judges may not only lie under no necessity of absolving or con- 

 demning, 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 admonishing others, and chastising delinquents, as it were, by 

 putting them to blush with shame and scandal. 



