The Anatomy of Melancholy by Robert Burton
page 138 of 2094 (06%)
page 138 of 2094 (06%)
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or maliciously, he shall forfeit, and lose. Or else before any suit begin,
the plaintiff shall have his complaint approved by a set delegacy to that purpose; if it be of moment he shall be suffered as before, to proceed, if otherwise they shall determine it. All causes shall be pleaded _suppresso nomine_, the parties' names concealed, if some circumstances do not otherwise require. Judges and other officers shall be aptly disposed in each province, villages, cities, as common arbitrators to hear causes, and end all controversies, and those not single, but three at least on the bench at once, to determine or give sentence, and those again to sit by turns or lots, and not to continue still in the same office. No controversy to depend above a year, but without all delays and further appeals to be speedily despatched, and finally concluded in that time allotted. These and all other inferior magistrates to be chosen [636]as the literati in China, or by those exact suffrages of the [637]Venetians, and such again not to be eligible, or capable of magistracies, honours, offices, except they be sufficiently [638]qualified for learning, manners, and that by the strict approbation of deputed examiners: [639]first scholars to take place, then soldiers; for I am of Vigetius his opinion, a scholar deserves better than a soldier, because _Unius aetatis sunt quae fortiter fiunt, quae vero pro utilitate Reipub. scribuntur, aeterna_: a soldier's work lasts for an age, a scholar's for ever. If they [640]misbehave themselves, they shall be deposed, and accordingly punished, and whether their offices be annual [641]or otherwise, once a year they shall be called in question, and give an account; for men are partial and passionate, merciless, covetous, corrupt, subject to love, hate, fear, favour, &c., _omne sub regno graviore regnum_: like Solon's Areopagites, or those Roman Censors, some shall visit others, and [642]be visited _invicem_ themselves, [643] they shall oversee that no prowling officer, under colour of authority, shall insult over his inferiors, as so many wild beasts, oppress, domineer, flea, grind, or trample on, be partial or corrupt, but that there be _aequabile jus_, |
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