It cannot, at least, be denied, that your lordships have all the power
of your ancestors; and since every law was once new, it is certain they
were far from imagining that there was always a necessity of inquiring
after precedents. If the argument drawn from the want of precedents be
now of any force, let it be proved that its force was less in any former
reign; and let it be considered how our government could have attained
its present excellence, had this house, instead of applying to every
grievance its proper remedy, been amused with turning over journals, and
looking upon every new emergence for precedents, of which it is certain
that there must have been a time in which they were not to be found.
In all regulations established by the legislature, it is sufficient that
they do not produce confusion by being inconsistent with former laws,
that they unite easily with our constitution, and do not tend to the
embarrassment of the machine of government. This consideration, my
lords, has been in a very remarkable manner regarded by those who drew
up the bill before us; a bill of which the noble duke has proved, that
it will be so far from perplexing our judicial proceedings, that it will
reconcile the law to itself, and free us from the necessity of obeying
one precept by the neglect of another.
Pages:
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205