I should be extremely sorry to find that in a fictitious proceeding, instituted for the more easy attaining of justice, different rules were to obtai… - Lloyd Kenyon, 1st Baron Kenyon

Though this motion for a new trial is an application to the discretion of the Court, it must be remembered that the discretion to be exercised on such an occasion is not a wild but a sound discretion, and to be confined within those limits within which an honest man, competent to discharge the duties of his office, ought to confine himself. And that discretion will be best exercised by not deviating from the rules laid down by our predecessors; for the practice of the Court forms the law of the Court.

In many cases a party undertakes to prove a custom from the time of legal memory, the reign of Richard the Second; but that proof is generally established by evidence of acts done at a much later period, and frequently no evidence is given beyond the present century.

I hope that there is no jealousy, or even ground of jealousy, on the part of the Americans, but that they know that when their rights come to be discussed here the greatest attention will be paid to their interests. They have long been acquainted with the habits of this country, and with the mode of administering justice here : until within these few years their causes used to come over here to be discussed, and I never heard that the decisions in our Courts ever awakened the least jealousy in the breasts of the inhabitants of that country.