' _ * — — l, „ . .1 ■ I - , II ■ ■■ 



208 Of the Advancement of Learning. L i b. VIIL 



APHORISM XXIX. 



Examples that refer to Lam,we would not have them drawn from wri- 

 ters of H/j7(?ry,but from publick ^^/^and more diligent Traditions: for 

 it is an infelicity familiar even with the beft Hiftorians, that they pafs 

 ovet Lam and Judicial proceedings tooflightly: and if perhaps they 

 have ufed fome diligence therein, yet they vary much from AHtheti" 

 tick, ConJiitHtions. 



APHORISM XXX. 



An Example^ which a contemporary Age, or a time neereft unto it 

 hath repealed, fhould not eafily be taken up again, though the like 

 cafe (hould afterwards enfue : nor makes it fo much for an Example, 

 that men have fometimes ufed it 5 as it makes againft an exantple^thai 

 upon experience, they have now relinquifht it. 



APHORISM XXXr. 



Examples are admitted into Counfils , but do in like manner pre- 

 fcribe or command j therefore let them be fo moderated, that the 

 Authority of the time paft, may be bowed and plied to the praftice 

 of the time prefent. And thus much concerning information from 

 Frefidents where Lato is Deficient. Now follows that we (peak of 

 Coiirts Pratorian znd Cenforian':, Courts of Equity, and of Penalty. 



Of Courts Praetorian and Cenforian. 



APHORISM XXXII. 



LEt there be Courts and Jurisdi&ions^ which may deRne according 

 to the Arbitrement of (bme Good man, and according to found 

 . judgement : for the Lavp (as is obferv'd before) cannot provide for all 

 Cafes i but is fitted to fuch occurrences as commonly fall out 5 and 

 Time fas was faid by the Ancients) is a tnoU wife Thing, and dail^ 

 the Au&or and Inventor of new Cafes. 



AP HO RISM XXXIII. 



Kew cafes fall out both in Matters Crfmnal, which have need of Pe- 

 nalty, and in Adatters Civil, which have need of Relief: the Courts 

 which refpeft the Former, we call Cenforian^ which refpedthe lat- 

 ter, Pratorian. 



APHORISM XXIV, 



Let the Cenforian Courts ofJuHice, have jurisdiftion and Power not 

 only oipunijinng new o^'enccs 3 but alfb oiincreafing Penalties affigned 



by 



