2^6 Of the Advancement of Learning L i b. VIII. 



APHORIS M XVIII. 



Ah ExpUtiatory Statute dams up the ftreams of a Former Statnte j 

 neither is the cxtenfion received afterwards, in the one or the other: 

 for their is no fuper-extenfion can be made by a 'judge, where once aa 

 extenfion hath begun to be made by a Law. 



APHORISM XIX. 



The Form of Words, and Afts of Courts, doth not admit an Ex-^ 

 tendon upon like Ca(es ; for that loo(eth the nature of Formality , 

 which departs from Cuuom to Arbitrement : and the introduftion 

 of new Cafes imbafeth the Majefty of the oU, 



, APHORISM XX. 



Extetijion of Law is aptly applied unto Cafes Poji-nate^ which were 

 not exiftent in nature, when the Law was enadted ; for where the 

 Cafe could not be exprefl, becaufe there were none fuch extant 5 a 

 Cafe omitted \s accepted for a Cafe exprefi, if the reafon be the fame. 



So iox Extenfion of Lanps in Cafes ^wt/?, let thefe Rules fuffice. Now 

 n>e muft fpeak of the ufe of Examples . 



Of Prefidents, and the ufe thereof. 



APHORISM XXI. 



NOw it follows we fpeak of Examples, ftom which Righ is in- 

 ferr'd, where L<?jp is deficient: as for Cujlom, which is a kind 

 of Law 5 and for Prefidents which by frequent Practice are grown in- 

 to Cuflom, as into a Tacite Law 5 we will fpeak in due place. But 

 now we fpeak of Examples or Prefideiits, which rarely and fparfedly 

 fall out; and are not yet grown up to the ftrength of a Law-, name- 

 ly when, and with what caution a Rule of Law is to be derived from 

 them, where Law is Deficient. 



APHORISM XXir. 



Prefidents muft be derived from Good and Moderate:, and not from 

 Bloudy, FaUioHs, or Dijfohte Times : for Examples fetch from fuch 

 times, are a Baftard iflue, and do rather Corrupt, than Inftrudl. 



APHORISM XXIII. 



In Examples the more Modern , are to be reputed the morefafe .- 

 for that which was but lately done, and no inconvenience enfued 

 thereon, why may it not be done again ? Yet neverthelefs Recent 

 Examples are of lefs Authority ; and if perchance it fo foil out. that 



a Re- 



