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C^kP. Ill-T HfiLATIOK Of LAW3 355 



XLV. Some conceive the iurisdiction which decrees accord- 

 ing to equity and consci-ence, and that which proceeds accord- 

 ing to strict justice, should be deputed to the same courts, 

 whilst othei-s would have them kept distinct ; wliich 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. 



XLVI. 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 maimer he would administer justice. 

 According to which example, the judges in courts of equity 

 should propose to themselves some certain i-ules 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 himseli.^ 

 Retrospect and relation of laws. 



XL VII. 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. 



XLVIII. He who captiously and fraudulently eludes and 

 circumscribes the words or intention ot a law, deserves to be 

 hampered by a subsequent law. Whence, in naudulent 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. 



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 dis- 

 turbance; but these confirming laws regard the peace and 

 settlement 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* 



• The author made a speech to this effect, upon leceivinfi' the seal 

 and taking his place in Chancery. 



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