^ oo Of the Advancement of Learning. Lib. VIII, 



APHORISM XU. 



In Cenforian Courts let the frji aggrejfions, add the middle Adts of 

 Great offenceSj and wicked attempts bepunifht; yea although they 

 were never perfeftly accomplidit : and let that be the chiefeft ufe of 

 thofe Courts'-i (eeing it appertains tofeverity^to poniQi the firft approach- 

 es of wicked enterprizes^ and to Mercji to intercept the perpetcatioa 

 ofthera by correfting middle Afts.- ''■ ' ; us. :•^ 



APHORIS M XLII. 



Special regard muft be taken, that in Fratorian Courts^ fuch Cafes 

 be not countenanc'dj which the Law hath not fo much pretermittedj 

 as (lighted as Frivolous , or, as odious, judgd unworthy redreft. 



APHORISM XXUII. 



Above all itmoft imports the Certainty of Laws ^ that Courts ofE- 

 ftity do not lb fwell and overflow their banks, as under pretence of 

 tnitigAting the Rigor of Laws, they do difleft or relax the ftrength and 

 finews thereof, by drawing all to Arbitremsnt. 



A^P UORISM XLIV. 



Let not Pretoriau Court shixve Power to Decree againft exprefs Jla- 

 iute, under any pretence of equity: for if this (hduld be permitted, a 

 Law-interpreter, would become a I^A^.^z^/^er 3 and all matters fliould 

 depend upon Arbitretfient. 



APHORISM XLV. 



Some are of opinion, that the Jurisdiftion of Defining according to 

 Equity and Conjcience^ and that other, which proceeds according to 

 jiri^ Lawj (hould be deputed to tbefan/e Courts^ but others fay to 

 fever al: by all means let there be afeparation of Courts^ for there will 

 be no dijiin&ion of Cafes, where there is commixtion or Jurisdi^ions 5 

 bat you (hall have Arbitrement incroach upon, and at iaft, fwallow 

 tip Law. 



APHORIS Ad XLVI. 



The Tables of the Pretors amonglt the Romans came in ufe upon good 

 ground: in thefe theTre/t^r fet down and publillit afore-hand , by 

 what form of Law he would execute Judicature. After the lame ex- 

 ample. Judges in Pretorian Courts, (hould propound certain Rules to 

 themielves (fo far as may be) and openly publilh them ; for that is the 

 he [i Law, which gives Icaii liberty to the Judge j he the beii Judge that 

 ta/{es leaji liberty to hiwfclf. But of thefe Courts we (hall fpeak more at 

 large, when we come to the Title Tye^udiciis i we now (peak of them 



in 



