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CERTAINTY. ACTION PENAL Protection Privilege Essoin
&c.
The City of London censured
for imitating the formulary
in their Acts. v. Bohum
Priviligia Londire p. 194, 197
Privilege of being tried in a certain Court rather than in another was beneficial on two
accounts; both depending on circumstances which are now no more
the inferior Courts were beset besieged with
the terror torment of the zeal, and the favour or particular solicitations corruption
of the middle & lower classes
and the superior ones frequently involved
The one, was, the saving of the inconvenience of personal attendance, when the Great Courts all except the Common Pleas fixed by Magna
Charta were ambulatory & when men
e'er the formalities where established, which now render the Law so intricate a science
directly managed their own causes of themselves in person without the intervention of Attornies:
the having the choice of a Court whose partiality if any as there were often, should be in their favor
The other; when Courts were involved in perpetual squabbles for Jurisdiction
Court forming a separate faction, [+] animated against its antagonists / rival competitors with all that zeal of competition
which the Interests of Pride
& Avarice can inspire having of which the Judges were the heads for its head, and the Officers the
inferior retractors.
On the first of these circumstances, depend also the benefit and reason of the Indulgence
of Protection & Essoin: the necessity of which last was further confirmed by the badness of the roads difficulties & delays of travelling through
want of Periodical Vehicles or of any vehicle, the want of Horses of
the of bridges the frequency of inundations before the multiplication of embankments & canals, the peril
of Robbers more numerous in their confederacies and more cruel & irregular in their
than at present — in a word the a dependency in all these particulars which difference articles of œconomy &
an age of improvement from an age of barbarism
It would be amusing in the view
did the limits of this work allow of it
of illustration to enter into an historical
detail on these two topics: but
as the facts are so notorious to all
who are in any degree conversant in
legal Antiquities, that there is no danger
of their being disputed, it is not necessary
for proof.
As to Importance, if it be true as the Author of the Commentaries suggests, that
it was adopted in virtue of a application of description, with a view opening of
of which to accommodation.
As to the policy of it, it is contrary to an axiom established by the practice of the wisest administrators, equally
applicable to private as to public , to accelerate the negotiations of the
by the vigor of the operation of the war.
As to the efficacy of it Every one must see, that if the Deft did does not chose to have any thing to say to the
this practice could not force him there is nothing in this which can oblige him: & lo if he did does, there was no occasion for it.
For the inexpediency of retaining the vy first of these institutions now that their utility is become obsolete
while the delay which they occasion remains an uncompensated inconvenience, I might
appeal, were the matter other than self-evident, to the Sense of every Parliament the Legislature
for above these last 200 years who regularly during all that time, with such few exceptions in few
plainly appear to have been the effects of inadvertency, have at a prodigious exp
of words, cut them off from any suit separately the form of Action to which they adhere + + in as many instances as
that Action has been given. prescribed, in every separate end
of its' establishment.
What preceeding past Parliaments have done in this instance hitherto, succeeding future Parliaments will as
certainly do in future likewise : the question is whether it shall be done in two Lines or in a
Volume.
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procedure code |
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certainty action penal |
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jeremy bentham |
[[watermarks::gr [crown motif] [britannia with shield motif]]] |
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