men, who, wisely
and judiciously tenacious of the legal practice and principles
received at home, are proportionally startled at the idea of anything
abroad which cannot be brought to assimilate with them.
The English seem to have made a compromise with the active tendency to
innovation, which is one great characteristic of the day. Wise and
sagacious themselves, they are nervously jealous of innovations in
their own laws--_Nolumus leges Angliae mutari_, is written on the
skirts of their judicial robes, as the most sacred texts of Scripture
were inscribed on the phylacteries of the Rabbis. The belief that the
Common Law of England constitutes the perfection of human reason, is a
maxim bound upon their foreheads. Law Monks they have been called in
other respects, and like monks they are devoted to their own Rule, and
admit no question of its infallibility. There can be no doubt that
their love of a system, which, if not perfect, has so much in it that
is excellent, originates in the most praiseworthy feelings. Call it if
you will the prejudice of education, it is still a prejudice
honourable in itself, and useful to the public. I only find fault with
it, because, like the Friars in the Duenna monopolising the bottle,
these English monks will not tolerate in their lay brethren of the
north the slightest pretence to a similar feeling.
In England, therefore, no innovation can be proposed affecting the
administration of justice, without being subjected to the strict
enquiry of the Guardians of the Law, and afterwards resisted
pertinaciously, until time and the most mature and reiterated
discussion shall have proved its utility, nay, its necessity. The old
saying is still true in all its points--Touch but a cobweb in
Westminster Hall, and the old spider will come out in defence of it.
This caution may sometimes postpone the adoption of useful
amendments, but it operates to prevent all hasty and experimental
innovations; and it is surely better that existing evils should be
endured for some time longer, than that violent remedies should be
hastily adopted, the unforeseen and unprovided for consequences of
which are often so much more extensive than those which had been
foreseen and reckoned upon. An ordinary mason can calculate upon the
exact gap which will be made by the removal of a corner stone in an
old building; but what architect, not intimately acquainted with the
whole edifice, can presume even to guess how much of
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