a century
and a half--obviated a thousand difficulties and evils, even if it
should be admitted that the end was gained at the expense of some
imperfections in a speculative and theoretical point of view, and with
the risk of _possibly_ inflicting injustice in some case, which could be
imagined by an ingenious and fertile fancy. The old rule gave ten
chances to one in favour of justice; the new one gives ten chances to
one _against_ her. We may be mistaken, but we cannot help imagining,
that if Lord Cottenham, unquestionably so able as an equity judge, had,
on the maxim _cuique sua arte credendum_, given a little more weight to
the opinions of those whose whole lives had been passed, not in equity,
but criminal courts, or had seen for himself the working of the
criminal law, he would have paused before disturbing such
complicated--necessarily complicated--machinery, and would not have
spoken of the consequences as being so very slight and unimportant--nay,
as so very beneficial.

It was suggested by the three peers, that the old rule had no better
foundation than the indolence, slovenliness, and negligence of
practitioners, whom the salutary stringency of the new rule would
stimulate into superior energy and activity. We cannot help regarding
this notion, however--for the preceding, among many other reasons--as
quite unfounded, and perhaps arising out of a hasty glance at the
alterations recently introduced into _civil_ pleadings and practice. But
observe, it required _an act of Parliament_ to effect these alterations,
(stat. 3 and 4 Will. IV. c. 42,) the very first section reciting the
"_doubts which might arise as to the power of the judges to make such
alterations without the authority of Parliament_;" and yet the state of
the laws calling for such potent interference was in an incomparably
more defective and mischievous state than is imputed to the present
criminal law. Then, again, any practical man will see in a moment, that
the strictness of the new system of civil pleading, which to this moment
occasions not infrequently a grievous failure of justice, with all the
ample opportunities afforded for deliberate examination and preparation
of the pleadings, cannot be safely applied to criminal law for many
reasons, principally because it rarely admits of that previous
deliberation in drawing the indictment, which must be based upon the
often inaccurate statement of facts supplied by the depositions; and
because a d