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Unfortunately our Supreme Court have not always put this sound and wise limitation upon their own power. In the case of Post v. Lord Bacon says of retrospective laws: "Cujus generis leges raro et magna cum cautione sunt adhibenda: neque enim placet Janus in legibus." Without any saving clause may the epithet and denunciation be applied to judicial laws.
Quis tamen non videt obdurari ipsos nihilominus, nihil ut infelici illa cautione obtineri possit. Whereupon he concludes, that if such ceremonies were suffered to remain, this should be a means to nourish a greater hardness and confirmation in evil, and a veil drawn, so that the sincere doctrine which is propounded should not be admitted as it ought to be.
But because he saw that some might answer that which our Formalists answer now to us, and say, it were enough to warn and teach men that they abuse not these ceremonies, and that the abolishing of these ceremonies themselves were not necessary; therefore immediately he subjoineth these words: Jam si de cautione agitur, monebuntur homines scilicet, ne ad illas nunc impingant, &c.
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