"Prescription, then, is for Burke the most solid rock on which mundane rights can be based; it gives a title having for its sanction the eternal order of things; it is the master and not the creature of positive law, it is the decree of nature, it is the law of God. Hume had stated the theory rather differently, but though Burke introduces a theological connotation, it is difficult not to suspect him of some debt to the earlier thinker. "Time and custom", wrote Hume, "give authority to all forms of government, and all successions of princes; and that power, which at first was founded only on injustice and violence, becomes in time legal and obligatory." Burke, too, holds that prescription is the most solid title to property and to government and so the principal base on which States are founded."
January 1, 1970