thoroughly acquainted with the constitution; and this, he declares, is
a knowlege of the most extensive nature; a matter of science, of
diligence, of reflexion; without which no senator can possibly be fit
for his office."

[Footnote e: _De Legg._ 3. 18. _Est senatori necessarium nosse
rempublicam; idque late patet:--genus hoc omne scientiae, diligentiae,
memoriae est; sine quo paratus esse senator nullo pacto potest._]

THE mischiefs that have arisen to the public from inconsiderate
alterations in our laws, are too obvious to be called in question; and
how far they have been owing to the defective education of our
senators, is a point well worthy the public attention. The common law
of England has fared like other venerable edifices of antiquity, which
rash and unexperienced workmen have ventured to new-dress and refine,
with all the rage of modern improvement. Hence frequently it's
symmetry has been destroyed, it's proportions distorted, and it's
majestic simplicity exchanged for specious embellishments and
fantastic novelties. For, to say the truth, almost all the perplexed
questions, almost all the niceties, intricacies, and delays (which
have sometimes disgraced the English, as well as other, courts of
justice) owe their original not to the common law itself, but to
innovations that have been made in it by acts of parliament;
"overladen (as sir Edward Coke expresses it[f]) with provisoes and
additions, and many times on a sudden penned or corrected by men of
none or very little judgment in law." This great and well-experienced
judge declares, that in all his time he never knew two questions made
upon rights merely depending upon the common law; and warmly laments
the confusion introduced by ill-judging and unlearned legislators.
"But if, he subjoins, acts of parliament were after the old fashion
penned, by such only as perfectly knew what the common law was before
the making of any act of parliament concerning that matter, as also
how far forth former statutes had provided remedy for former
mischiefs, and defects discovered by experience; then should very few
questions in law arise, and the learned should not so often and so
much perplex their heads to make atonement and peace, by construction
of law, between insensible and disagreeing words, sentences, and
provisoes, as they now do." And if this inconvenience was so heavily
felt in the reign of queen Elizabeth, you may judge how the evil is
increased in later t