[ii] NOTE A. 



tain for our municipal laws civilians, scholars, travellers will 

 be of the other opinion. 



But, sir, I must interrupt my reference to lord Bacon by 

 remarking that the lapse of years has supplied us with answer 

 to the first part of this objection which lord Bacon had not to 

 urge. Foreign nations have condensed and simplified their 

 laws and have disentitled us to vindicate the confusion or 

 uncertainty of our own statutes by the boast (weak and fruit 

 less as an argument, if it were well founded) that those statutes 

 are less confused and less uncertain than the ordinances of 

 other states. 



Certain it is, says lord Bacon, that our laws as they now 

 stand, are subject to greal uncertainties, and variety of opinion, 

 delays and evasions. Mark, he observes, whether the 

 doubts that arise are only in cases not in ordinary experience, 

 or in cases which happen every day. If in the first only, im 

 pute it to the frailty of man s fore-sight, that cannot reach by 

 law to all cases ; but if in the latter, be assured there is a fault 

 in the law. 



There is an inconvenience of penal laws obsolete and out 

 of use : for that it brings a gangrene neglect, and habit of dis 

 obedience upon other wholesome laws that are fit to be con 

 tinued in practice and execution; so that our laws endure 

 the torment of Mazentius. 



The living die in the arms of the dead. 



O 



The second objection foreseen by lord Bacon is this: 

 * That it is a great innovation, and innovations are dangerous 

 beyond foresight. 



He replies, All purgings and medicines, either in the 

 civil or natural body, are innovations, so as that argu 

 ment is a common-place against all noble reformations. But 

 the truth is, that this work ought not to be termed or held for 

 any innovation in the suspected sense. 



Besides it is on the favourable part, it easeth it presseth 

 not and lastly, it is rather a matter of order and explanation 

 than of alteration. 



