Miscellaneous Writings and Speeches — Volume 4Macaulay, Thomas Babington Macaulay, Baron
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Miscellaneous Writings and Speeches — Volume 4
Macaulay, Thomas Babington Macaulay, Baron
English essays
The second clause, Sir, rests on a principle simple, well-known, and
most important to the welfare of all classes of the community. That
principle is this, that prescription is a good title to property, that
there ought to be a time of limitation, after which a possessor,
in whatever way his possession may have originated, must not be
dispossessed. Till very lately, Sir, I could not have imagined that,
in any assembly of reasonable, civilised, of educated men, it could be
necessary for me to stand up in defence of that principle. I should have
thought it as much a waste of the public time to make a speech on such
a subject as to make a speech against burning witches, against trying
writs of right by wager of battle, or against requiring a culprit to
prove his innocence by walking over red-hot ploughshares. But I find
that I was in error. Certain sages, lately assembled in conclave at
Exeter Hall, have done me the honour to communicate to me the fruits of
their profound meditations on the science of legislation. They have,
it seems, passed a resolution declaring that the principle, which I had
supposed that no man out of Bedlam would ever question, is an untenable
principle, and altogether unworthy of a British Parliament. They have
been pleased to add, that the present Government cannot, without gross
inconsistency, call on Parliament to pass a statute of limitation.
And why? Will the House believe it? Because the present Government has
appointed two new Vice Chancellors.
Really, Sir, I do not know whether the opponents of this bill shine
more as logicians or as jurists. Standing here as the advocate of
prescription, I ought not to forget that prescriptive right of talking
nonsense which gentlemen who stand on the platform of Exeter Hall are
undoubtedly entitled to claim. But, though I recognise the right, I
cannot but think that it may be abused, and that it has been abused on
the present occasion. One thing at least is clear, that, if Exeter Hall
be in the right, all the masters of political philosophy, all the great
legislators, all the systems of law by which men are and have been
governed in all civilised countries, from the earliest times, must be
in the wrong. How indeed can any society prosper, or even exist, without
the aid of this untenable principle, this principle unworthy of a
British legislature? This principle was found in the Athenian law. This
principle was found in the Roman law. This principle was found in the
laws of all those nations of which the jurisprudence was derived from
Rome. This principle was found in the law administered by the Parliament
of Paris; and, when that Parliament and the law which it administered
had been swept away by the revolution, this principle reappeared in
the Code Napoleon. Go westward, and you find this principle recognised
beyond the Mississippi. Go eastward, and you find it recognised beyond
the Indus, in countries which never heard the name of Justinian, in
Public-domain text, read in full here on John Shaqi.
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