And, my lords, it may be observed farther, that scarcely any practice
can be conceived, however generally unreasonable and unjust, which may
not be sometimes equitable and proper; and that if we are to lay aside
all regard to futurity, and act merely with regard to the present
exigence, it may be often proper to violate every part of our
constitution. This house may sometimes have rejected bills beneficial to
the nation; and if this reasoning be allowed, it might have been wise
and just in the commons and the emperour to have suspended our authority
by force, to have voted us useless on that occasion, and have passed the
law without our concurrence.
With regard to the establishment of criminal prosecutions, as well as to
our civil rights, we are, my lords, to consider what is, upon the whole,
most for the advantage of the publick; we are not to admit practices
which may be sometimes useful, but may be often pernicious, and which
suppose men better or wiser than they are. We do not grant absolute
power to a wise and moderate prince, because his successours may inherit
his power without his virtues; we are not to trust or allow new methods
of prosecution upon an occasion on which they may seem useful, because
they may be employed to purposes very different from those for which
they were introduced.
Pages:
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199