and various experiences of our own situation and system will mould and shape it into new and not less useful forms.” As Peter du Ponceau said of the common law (A Dissertation on the Nature and Extent of the Jurisdiction of the Courts, (1824), Preface): “Its bounds are unknown, it varies with the successions of ages, and takes its colour from the spirit of the times, the learning of the age, and the temper and disposition of the Judges. It has experienced great changes at different periods, and is destined to experience more. It is by its very nature uncertain and fluctuating, while to vulgar eyes it appears fixed and stationary.” I am satisfied that, whether or not it has ever been affirmatively declared that the common law declines to allow the admission of evidence obtained by the use of torture, it is quite capable now of embracing such a rule. If that is any extension of the existing common law, it is a modest one, a necessary recognition of the conclusions which should be drawn from long established principles. I accordingly agree with your Lordships that such a rule should be declared to represent the common law. It is only right that this should be done in what Tennyson described as “A land of settled government, A land of just and old renown, Where Freedom slowly broadens down From precedent to precedent.” You Ask Me, Why (1842), iii. 153. The issue on which I have found it most difficult to reach a satisfactory principled conclusion is that of the approach which SIAC should take to deciding when a statement should be rejected, an issue on which your Lordships have not found it possible to speak with one voice. I have been much exercised by the difficulties inherent in the acceptance of either of the views which have been expressed, but I am conscious of the importance of laying down a clearly defined and -82-