innovatio

INNOVATION. Change of a thing established for something new.
     2. Innovations are said to be dangerous, as likely to unsettle the 
common law. Co. Litt. 370, b; Id. 282, b. Certainly no innovations ought to 
be made by the courts, but as every thing human, is mutable, no legislation 
can be, or ought to be immutable; changes are required by the alteration of 
circumstances; amendments, by the imperfections of all human institutions 
but laws ought never to be changed without great deliberation, and a due 
consideration of the reasons on which they were founded, as of the 
circumstances under which they were enacted. Many innovations have been 
made. in the common law, which philosophy, philanthropy and common sense 
approve. The destruction of the benefit of clergy; of appeal, in felony; of 
trial by battle and ordeal; of the right of sanctuary; of the privilege to 
abjure the realm; of approvement, by which any criminal who could, in a 
judicial combat, by skill, force or fraud kill his accomplice, secured his 
own pardon of corruption of blood; of constructive treason; will be 
sanctioned; by all wise men, and none will desire a return to these 
barbarisms. The reader is referred to the case of James v. the Commonwealth, 
12 Serg. & R. 220, and 225 to 2 Duncan, J., exposes the absurdity of some 
ancient laws, with much sarcasm.