appointed shall be one of the peers on the part of the peerage of Scotland, in the parliament of Great Britain, and so, toties quoties, as often as such failure shall happen.

6. That the hereditary right of sitting in parliament, which shall accrue to the 25 peers of Scotland, to be declared by his Majesty, shall be so limited as not to descend to females.

7. That the number of peers of Great Britain, on the part of England, shall not be enlarged, without precedent right, beyond six above what they are at present; but as any of the said present peers, or such six new peers, in case they be created, shall fail, their numbers may be supplied by new creations of commoners of Great Britain, born within the kingdom of Great Britain or Ireland, or any of the dominions thereunto belonging, or born of British parents, and so, toties quoties, as often as such failure shall happen.

8. That no person be at any time created by writ, nor any peerage granted by patent, for any longer estate than for the grantee, and the heirs male of his body.

9. That there be not any restraint upon the crown, from creating any of the princes of the blood, peers of Great Britain, with right to sit in parliament.

10. That whenever those lords now sitting in parliament, whose sons have been called by writ, shall die; then it shall be lawful for his Majesty, his heirs and successors, to create a peer to supply the number so lessened.

11. That every creation of a peer hereafter to be made, contrary to these resolutions, shall be null and void to all intents and purposes.

249. Use of English Language in the Law Courts made Obligatory

(1731. 4 George II. c. 26. 16 S. L. 248.)

WHEREAS many and great mischiefs do frequently happen

to the subjects of this kingdom, from the proceedings in courts of justice being in an unknown language, those who are summoned and impleaded having no knowledge or understanding of what is alleged for or against them in the pleadings of their lawyers and attorneys, who use a character not legible to any but persons practising the law: to remedy these great mischiefs, and

to protect the lives and fortunes of the subjects of that part of Great Britain called England, more effectually than heretofore, from the peril of being ensnared or brought in danger by forms and proceedings in courts of justice, in an unknown language, be it enacted by the king's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal and commons of Great Britain in parliament assembled, and by the authority of the same, that from and after the twenty-fifth day of March one thousand seven hundred and thirty-three, all writs, process and returns thereof, and proceedings thereon, and all pleadings, rules, orders, indictments, informations, inquisitions, presentments, verdicts, prohibitions, certificates, and all patents, charters, pardons, commissions, records, judgments, statutes, recognizances, bonds, rolls, entries, fines and recoveries, and all proceedings relating thereunto, and all proceedings of courts leet, courts baron and customary courts, and all copies thereof, and all proceedings whatsoever, in any courts of justice within that part of Great Britain called England, and in the court of exchequer in Scotland, and which concern the law and administration of justice, shall be in the English tongue and language only, and not in Latin or French, or any other tongue or language whatsoever, and shall be written in such a common legible hand and character, as the acts of parliament are usually engrossed in, and the lines and words of the same to be written at least as close as the said acts usually are, and not in any hand commonly called court hand, and in words at length and not abbreviated; any law, custom or usage heretofore to the contrary thereof notwithstanding: and all and every persons or persons offending against this act, shall for every such offence forfeit and pay the sum of fifty pounds to any person who shall sue for the same by action of debt, bill, plaint or information in any of His Majesty's courts of record in Westminster Hall, or court of exchequer in Scotland respectively, wherein no essoin, protection or wager of law, or more than one imparlance, shall be allowed.

250. Judicial Commissions not to cease on the Demise of the Crown

BE

(1760. I George III. c. 13. 23 S. L. 292.)

E it enacted by the king's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that all persons who were justices of the peace at the time of the demise of His said late Majesty king George the Second, or who shall be justices of the peace at the time of the demise of His present Majesty, or any of his successors, kings or queens of this realm, or shall afterwards be appointed justices of the peace by any commission granted, or which shall be granted, by his said present Majesty, or which, after his demise, shall be granted by any of his successors, kings or queens of this realm, and who shall take the oaths of office of a justice of the peace, for any county, city and county, town and county, riding, or division, before the clerk of the peace of the respective county, city and county, town and county, riding, or division, for which any such justice or justices of the peace shall act, or intend to act, or the deputy of such respective clerk of the peace, and who shall have taken and subscribed at some general or quarter sessions of the peace the said oath, by the said herein before in part recited act, of the eighteenth year of His said late Majesty's reign, directed and required to be there taken and subscribed, shall and may act as a justice of the peace for such county, city and county, town and county, riding, or division, without being obliged to take and subscribe again the said oath, without incurring any penalty or forfeiture, for the not taking and subscribing thereof; the said herein before in part recited act, or any other statute, law, or usage to the contrary thereof in any wise notwithstanding: and that all acts, matters, and things, done or to be done, by all and every such justice and justices, or by authority derived, or to be derived, from him or them, are and shall be deemed and taken to all intents and purposes to be of the same force, effect, and validity, to all intents and purposes, as the same respectively would have been, if such person or persons had taken and subscribed such oath, by the said herein before in part recited act required to be

taken and subscribed, at some general or quarter sessions for such county, city and county, town and county, riding or division, for which he or they did or should act, or intend to act.

251. Camden's Decision against General

***

HIS

Warrants

(1763. 19 State Trials, 1067.)

TIS lordship then went upon the warrant, which he declared was a point of the greatest consequence he had ever met with in his whole practice. The defendant claimed a right, under precedents, to force persons' houses, break open escrutores, seize their papers, etc. upon a general warrant, where no inventory is made of the things thus taken away, and where no offenders' names are specified in the warrant, and therefore a discretionary power given to messengers to search wherever their suspicions may chance to fall. If such a power is truly invested in a secretary of state, and he can delegate this power, it certainly may affect the person and property of every man in this kingdom, and is totally subversive of the liberty of the subject.

And as for the precedents, will that be esteemed law in a secretary of state which is not law in any other magistrate of this kingdom? If they should be found to be legal, they are certainly of the most dangerous consequences; if not legal, must aggravate damages.

*It is my opinion the office precedents, which had been produced since the Revolution, are no justification of a practice in itself illegal, and contrary to the fundamental principles of the constitution; though its having been the constant practice of the office, might fairly be pleaded in mitigation of damages.

252. Mansfield's Decision against General Warrants

(1764. 19 State Trials, 1026-1027.)

THE last point is, 'whether this general warrant be good.'

At present as to the validity of the warrant, upon the single objection of the incertainty of the person, being neither named nor described - the common law, in many cases, gives authority to arrest without warrant; more especially, where taken in the very act and there are many cases where particular acts of parliament have given authority to apprehend, under general warrants; as in the case of writs of assistance, or warrants to take up loose, idle, and disorderly people. But here, it is not contended, that the common law gave the officer authority to apprehend; nor that there is any act of parliament which warrants this

case.

Therefore it must stand upon principles of common law.

It is not fit, that the receiving or judging of the information should be left to the discretion of the officer. The magistrate ought to judge; and should give certain directions to the officer. This is so, upon reason and convenience.

Then as to authorities - Hale and all others hold such an uncertain warrant void: and there is no case or book to the contrary.

It is said 'that the usage has been so; and that many such have been issued, since the Revolution, down to this time.'

But a usage, to grow into law, ought to be a general usage, communiter usitata et approbata; and which, after a long continuance, it would be mischievous to overturn.

This is the only usage of a particular office, and contrary to the usage of all other justices and conservators of the peace.

There is the less reason for regarding this usage; because the form of the warrant probably took its rise from a positive statute; and the former precedents were inadvertently followed, after that law was expired.