5 12 Of the Advancement of Learning. L i b. VIII. 



rent rcJpeB to one another , and that Decrees be drawn up faithfully 

 and wifely 5 and that the waj to repeal Judgements be narrow^ rocky 

 and ftrewed, as it were, with fharp ftones. 



ATHO RIS M XCV. 



If a Judgement have been awarded upon a Cafe in any Principal 

 Court 5 and the like cafe intervene in another Court , proceed not 

 to fentence before the matter be advifed upon in Qimejolemn Ajfembly 

 of Judges : for x^ Judgements awarded mjuji needs be repeal d^ yet let 

 them be interred vpith Honour, 



APHORIS M XCVI. 



For Courts to be at debate and variance about Jurisdi&ions is a hu- 

 mane frailty 5 and the more becaufe this intfpperance, through a 

 mifpriffion and vain conceit (that it is the part of a ji out refolute Judge 

 to enlarge the priviledges of the Court) is openly countenanced and 

 fpur'don, whereas it hath need of the Bridle. But that out of this 

 heat of ftomach. Courts fhould (b eafily reverfe on both fides Judge- 

 ments awarded, which nothing pertain to Jurisdi&ion, is an infuffe- 

 rable evil, which by all means (hould be repres'd and punifht 5 by 

 Kings or Counfels of State, or the form of Government. For it is a 

 Prefident of the worft example. That Courts, that fjould diHribute 

 Peace, pould themfelves pra&ice Duels. 



APHORISM. XCVII. 



Let there not be a too eafieand free paflage made to the Repealing 

 of Judgements by Appellations, and writs of Error, or Re- examination^ 

 and the like. It is maintained by fome, that a Suit may be brought 

 into a Higher Court, as entire and untried, the Judgement paft up- 

 on it, fet afide and abfolutely fujpendedi others are of opinion that the 

 Judgement itfelf mtyjiand in force, but the execution thereof may be 

 Jiaid: neither of thefe is to be allowed, unlefsthe Courts whereia 

 the Judgement was awarded, were of a bafc and inferior order : but 

 rather that both the Judgement Jiand, and that the execution there- 

 of go on 5 fo a Caveat be put in by the Defendant for Damages and 

 charges if the Judgement (hould be reverji. 



But this Title touching the Certainty of Laws (ball fufEce for a pre- 

 fident to the reft of a * Digeft, which we with care and diligence 

 'sMt^lujillil endeavour to contrive. And now have we concluded Civil Know- 

 itmfitm;opHi i^^gg ^fo far as we thought fit to entreat thereof) and together with it 

 Ir/noSm"" Humane Philofophy, as alfo with Humane Philofophy^ Philojophyin Ge- 

 toniitumiqucd neral. Wherefore being now at length at (bme pau(e, and looking 

 ruo fuuio Ex- ^ ^ j^j^ ^^^^ ^g j^^^,g f^ through ^ this our writing feems to us not 



vrimifum. In- much unlikc thole founds and Preludes, which Mujiaans make while 

 fiaurandum: (hgy ajg tuning their Infiruments j which is harfh and unpleafing to 

 ^^sefZ'uil hear , but yet is a caufe why the Mu^ck is fweeter afterwards. 



tvufftrandum So 



nftrv.itur. 



