Lib. VIII. 'Of the Advancement of Learning. 299 



hy {htLzwsiox older ir»cT ^ if the cafes be haiiious and enormous, Co 

 they be not Capital: for a Notorious guilt, as it were, a new Ca(e. 



ATHOKISM XXXV. 



Tn like manner, let Pr£torian Courts of Equity^ have power to qua- 

 lijie the Rigor of Law ^ as alfo oCfupplying the DefeSs of Law : for if a 

 Remedy ought to be extended to him whom the Law hath pasi by 3 

 much more to him whom it hath wounded. 



APHORISM xxxvr. 



Let the(e Cenforian and Pr£torian Courts be by all means liraifed 

 within Cafes Hainous and extraordinary 5 and not invade ordinary Ju- 

 risdictions 5 left peradventure the matter extend to the fuppUntation, 

 rather than ihefuppkment of Law. 



AP HORISM XXXVIL 



het the(eJurisdi&ioni refide only in the Highe^ Courts ofjudica', 

 iure, and not be communicated to Courts inferior : For the Power of 

 extending^ or fipplying^ or Moderating Laws, little differs from the 

 Power oi Making them. 



APHORISM " XXXVIIL 



Bulled not thefir Co//r/x be affigned oyer to one man, but confift of 

 Many: Nor let the Decrees thereof iflue forth with filence, but let 

 the Judges alleage Realbns of their (entence, and that openly in the 

 Audience of the Court, that what is free in the Power, may yet in 

 the fame and reputation be confined. 



APHORISM XXXIX. 



.. Let there be no i?«^r;V/ ofBloud-^ ne\t)\et'De^neo\ Capital crimes 

 in what Court foever, but from a known and certain Law 5 for God 

 himfelf firft denounced Death, afterwards infli(3:ed it. Nor is any 

 man to be put to death, but he that knew before- hand, that hefmned 

 again fi his own life. 



AP HORISM XL. 



In Courts of Cenfure, give way to a third Trial, that a neceffity be 

 notimpofed upon Judges of abfolvingor of condemning^ but that 

 they may pronounce a Non liquet 5 Co in like manner, let Laws Cenfo' 

 rian^ notonlyhez Penalty, hnt an Infamy, that is, which may not in- 

 flidl a punifhraent, but either end in admonition; or cl(e chaftife the 

 delinquent withTorae light touch of Ignominy ,and asit were, a blufh- 

 ing fhame. 



Pp 2 APHO^' 



