404 ADVANCEMENT OF LEARNING 



seems much the better way There will be no distinction of 

 cases where there is a mixture of jurisdictions; but arbitra 

 tion will at length supersede the law. 



XLYI. The use of the praetor s table stood upon a good 

 foundation among the Romans, as that wherein he set down 

 and published in what manner he would administer justice. 

 According to which example, the judges in courts of equity 

 should propose to themselves some certain rules to go by, 

 and fix them up to public view: for as that law is ever the 

 best, which leaves least to the breast of the judge; so is that 

 judge the best, who leaves least to himself. 18 



Retrospect and relation of laws 



XLYII. There is also another way of supplying cases 

 omitted: viz., when one law is made upon another, and 

 brings the cases omitted along with it. This happens in 

 those laws or statutes, which, according to the common 

 phrase, look backward. But laws of this kind are to be 

 seldom used, and with great caution; for a Janus- face is 

 not to be admired in the law. 



XLYIII. He who captiously and fraudulently eludes 

 and circumscribes the words or intention of a law, deserves 

 to be hampered by a subsequent Iaw Whence, in fraudu 

 lent and evasive cases, it is just for laws to carry a retro 

 spection, and prove of mutual assistance to each other; so 

 that he who invents loopholes and plots the subversion of 

 present laws, may at least be awed by future. 



XLIX. Such laws as strengthen and confirm the true in 

 tentions of acts and instruments against the defects of forms 

 and solemnities, very justly include past actions; for the 

 principal fault of a retrospective law is, its causing disturb 

 ance; but these confirming laws regard the peace and settle 

 ment of transactions. Care, however, must be had not to 

 disturb things once adjudged. 



L. It should be carefully observed, that not only such 

 laws as look back to what is past invalidate former transac- 



18 The author made a speech to this effect, upon receiving the seal and 

 taking his place in Chancery. 



