itted to pass through so many stages without a
division.
On what grounds, Sir, does the noble lord, the Member for Kent, ask
us to make this change in the law? The only ground, surely, on which
a Conservative legislator ought ever to propose a change in the law is
this, that the law, as it stands, has produced some evil. Is it then
pretended that the law, as it stands, has produced any evil? The noble
lord himself tells you that it has produced no evil whatever. Nor can
it be said that the experiment has not been fairly tried. This House and
the office of Master of the Rolls began to exist, probably in the same
generation, certainly in the same century. During six hundred years this
House has been open to Masters of the Rolls. Many Masters of the Rolls
have sate here, and have taken part, with great ability and authority,
in our deliberations. To go no further back than the accession of the
House of Hanover, Jekyll was a member of this House, and Strange, and
Kenyon, and Pepper Arden, and Sir William Grant, and Sir John Copley,
and Sir Charles Pepys, and finally Sir John Romilly. It is not even
pretended that any one of these eminent persons was ever, on any single
occasion, found to be the worse member of this House for being Master of
the Rolls, or the worse Master of the Rolls for being a member of this
House. And if so, is it, I ask, the part of a wise statesman, is it, I
ask still more emphatically, the part of a Conservative statesman, to
alter a system which has lasted six centuries, and which has never
once, during all those centuries, produced any but good effects, merely
because it is not in harmony with an abstract principle?
And what is the abstract principle for the sake of which we are asked to
innovate in reckless defiance of all the teaching of experience? It is
this; that political functions ought to be kept distinct from judicial
functions. So sacred, it seems, is this principle, that the union of the
political and judicial characters ought not to be suffered to continue
even in a case in which that union has lasted through many ages without
producing the smallest practical inconvenience. "Nothing is so hateful,"
I quote the words of the noble lord who brought in this bill, "nothing
is so hateful as a political judge."
Now, Sir, if I assent to the principle laid down by the noble lord, I
must pronounce his bill the most imbecile, the most pitiful, attempt at
reform that ever was made. The noble lo
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