You all very well know what deference I always pay, and ever will, to that part of the office of a jury which properly belongs to them. In regard to the law, I have always been as tenacious of the proper function of a Judge, as I have been of that of the jury. I never will, while I have the honour of executing the office of a Judge, attempt to controul or influence their minds in respect of damages; but only submit to them such observations as occur to me upon the evidence.
A course of precedents and judicial proceedings in Courts of justice make the law: it would be endless to cite cases upon it. A course of practice for a few years has been held to controul an Act of Parliament.