Publisher's Synopsis
Excerpt from Report of the Judgment of the Court of Queen's Bench, in the Braintree Church-Rate Case: Gosling V. Veley and Joslin
Church-rate, was a question fimt suggested by the Court of Exchequer Chamber, in the case of Veley v. Burder, and originating with the Court.' In point of authority it can be put no higher than as a suggestion, a point stated as fit for inquiry: at the same time some weight must be necessarily attached, we think, even to such a suggestion, of so high a Court, made in so elaborate a judgment, upon a matter so im portant, especially as it was obvious that the suggestion must ead to a very expensive experiment, as it has done in the present case. Thus far important, and no further, do we consider the assage alluded to in the judgment to have been.
Undoubtedly some weight must also be allowed to the oh servation, that although there have been periods when great difficulty existed in procuring the making of Church-rates, this principle, though easy of application, never appears to have been resorted to or thought of.1' But in the first place, the rule itself, as applicable to electors of any kind, does not appear to have recelved any judicial sanction until long after the temporary difficulty as to Church-rates had died away. Secondly, the peculiar mode of proceeding, which may be considered equivalent to the throwmg away of votes, does not appear to have been ever doubted before t 'e present occasion. Besides, those who are familiar with the manner in which our Common Law has been built up and declared by judicial rules, will be aware that the mere lateness of time at which a principle has become established is not a strong at ent against its soundness; if nothing has been previously ecided inconsistent with it, and if it is itself consistent with legal analogies.
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