ADVANCEMENT OF LEARNING 287 



41. In courts of justice, let the first overtures and intermediate parts 

 of all great offences be punished, though the end were not accom- 

 plished. And this should be the principal use of such courts; for it is 

 the part of discipline to punish the first buddings of offences; and the 

 part of clemency, to punish the intermediate actions, and prevent their 

 taking effect. 



42. Great regard must be had in courts of equity, not to afford relief in 

 those cases which the law has not so much omitted as despised for their 

 levity, or, for their odiousness, judged unworthy of a remedy. 



43. But above all, it is 6f the greatest moment to the certainty of the 

 laws we now speak of, that courts of equity keep from swelling and 

 overflowing, lest, under pretense of mitigating the rigor of the law, 

 they should cut its sinews and weaken its strength by wresting all 

 things to their own disposal. 



44. No court of equity should have a right of decreeing against a 

 statute, under any pretext of equity whatever; otherwise the judge 

 would become the legislator, and have all things dependent upon his 

 will. 



45. Some conceive the jurisdiction which decrees according to equity 

 and conscience, and that which proceeds according to strict justice, 

 should be deputed to the same courts, whilst others would have them 

 kept distinct; which seems much the better way. There will be no 

 distinction of cases where there is a mixture of jurisdictions; but 

 arbitration will at length supersede the law. 



46. 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 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. 



Retrospect and relation of laws 



47. 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 backwards. 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. 



48. He who captiously and fraudulently eludes and circumscribes 

 the words or intention of a law, deserves to be hampered by a sub- 

 sequent law. Whence, in fraudulent and evasive cases, it is just for 

 laws to carry a retrospection, 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. 



49. Such laws as strengthen and confirm the true intentions 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 disturbance; but these confirming laws regard the peace 



