[ iii ]
legal and constitutional Principles [1]; though, on the other hand, they are to be esteemed of very great weight and authority in Law, when there are no just exceptions against them[2]. And of this latter kind is the Example which I have quoted to illustrate my declaration: for, though many great and respectable Writers have made exceptions to the constitutional Freedom of Ireland, which I had supposed to be unquestionable, yet, after the most careful examination of their opinions, and the reasons given for the same, (in which the proofs ought to consist,) I am now fully convinced that there are no just exceptions against that example; and, consequently, I am bound, in justice to my fellow-subjects in Ireland not to give it up; because the“necessity”
- ↑ This is clearly proved by a variety of unquestionable maxims;
“Judicandum est Legibus non Exemplis”
“Malus usus abolendus est.”
“In consuetudinibus non diuturnitas temporis, fed soliditas rationis consideranda eft.”
“Multitudo errantium non parit errori patrocinium.” - ↑ et quia consuetudines illae nec contra legem divinam nec contra rationem in aliquo existunt, et pro bono communi totius Regni ex earum diuturnitate censentur, fore necessariae, vim Legis retinent,” &c. Doct. et Stud, c, 7.
