been, so far as Scotland is concerned, considerably disused. Those who
have stepped forward to repair the gradual failure of our
constitutional system of law, have been persons that, howsoever
qualified in other respects, have had little further knowledge of its
construction than could be acquired by a hasty and partial survey,
taken just before they commenced their labours. Scotland and her laws
have been too often subjected to the alterations of any person who
chose to found himself a reputation, by bringing in a bill to cure
some defect which had never been felt in practice, but which was
represented as a frightful bugbear to English statesmen, 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