294 Of the Advancement of Learning. L i b. VIII. 



TITLE. I. 



Of the firft Dignity of Laws, that they be Certain. 



APHORISM VIIL ^ 



CErtainty is fo Eflential to a Lar», as without it a Liw cannot be 

 Ju^ 5 Si enim incertatft vocem det Tkba, quiife parabitad Bellnvt^ 

 So.if the Law give an uncertain founds v/ho fliall prepare himfelf to o- 

 bey ? A Law then ought to give warning before it ftrike ; and it is 

 a good Rule, That is theheji Law which gives leaji liberty to the Arbi» 

 trage of the Jndge^ which is that, the Certainty thereof affefteth, 



APHORISM. IX. 



Incertainty of Laws is of two Ibrts 5 one where no Law is prefcrii' 

 ed j the other, when a Law is difficile and dark,: we muft therefore 

 firft fpeak oiCaufes omitted in the Law ; that in thefe likewiie there 

 may be found fome Rule of Certainty. 



Of Cafes omitted in Law, 



APHORISM X. 



.. .. ^ V - 



THe narrow fcdtnpafs of man's wifdom, cannot comprehend all 

 cafes which time hath found out ; and therefore Cafes omitted, 

 a»dnew do often prefent theralelves. In thefe cales there is applied 

 athreefoldremedyjOrfuppleraQntseithcr by a proceeding upon like 

 cafes ^ or by the ufe of Examples, though they be not grown up in- 

 to Law 5 or by JurifdiBions^ which award according to the Arbitre- 

 ment of fome Good Man, and according to found judgement 5 whe- 

 ther they be Courts Pretorian , or of Equity , or Courts Cenforiaa or 

 of Penalty. 



Of Proceeding upon like Prefidents \ and of the 

 Extenfions o( L A py S. 



APHORIS M XI 



IN Cafes omitted, the Rule of Law is to be deduced from Cafes of 

 like nature ^ but with Caution and Judgement. Touching 

 Avhich thefe Rules following are to be obferved. Let Reafon be fruit- 

 ful 5 Cuftom be barren, and not breed Cafes. Wherefore whatfoever 

 is accepted againft the Sence and Reafon of a Law ; or elfe where 

 the Reafon thereof is not apparent, the fame rauftnot be drawn into 



i:oafequence, 



S. APHO" 



