626 HELMS v. FRANCISCUS.—2 BLAND.

an Act passed by the illustrious Long Parliament, in the year 1650,
during the short lived Commonwealth of England, it was declared,
that all report books, and other books of the law, and all pro-
ceedings in the Courts of justice, should be in the English tongue
only, and not in Latin or French, or any other language; and
should be written in an ordinary, * legible hand, not in
552 Court hand. Scoltell, 143, 4 Brod. Brit. Emp. 329; Parke's
His. Co. Chan. 134; 1 Westm. Hall, 5. Upon the restoration of the
monarchy, this law of the Commonwealth was abrogated, and
judicial proceedings were again obscured or concealed under a
foreign language " much unknown.'' At length, however, common
sense having again forced its way, it was, by a British Statute,
passed in the year 1731; after reciting that great mischief fre-
quently happened, from the proceedings in Courts of justice being
in an unknown language, those who were impleaded having no
knowledge or understanding of what was alleged for or against
them in the pleadings of lawyers, who used a character not legible
to any but persons practising the law; enacted, that all proceed-
ings whatever, in any Courts which concern the administration of
justice, should be in the English tongue only, and not in the
Latin or French, or any other language; and should be written
in such a common, legible hand, as the Acts of Parliament are
engrossed in; and not in a Court hand; and in words at length,
not abbreviated. 4 Geo. 2, c. 26; 6 Geo. 2, c. 14; 3 Blac. Com.
318; Mitf. Plea. 8; Parke's His. Co. Chan. 305.

From these legislative enactments, and from the history of the
times, it is clearly deducible, that it had always been considered
to be a- matter of the highest importance, that justice should be
openly and publicly administered; and that, as a means of making
that publicity, in all respects, most beneficial and available, all
books of the law, and all judicial proceedings were directed to be
published and conducted in the language of the people of the
country. Hence it was, that the Norman conquerors of England,
for their own advantage and security, had the laws written and
administered in their own language; and that afterwards, when
that domination had worn away, or indeed been reversed, in the
year 1362, the English was in a great degree, restored as the lan-
guage of judicial proceedings; and that finally in the year 1731,
the use of all foreign languages in the administration of justice in
England was totally prohibited.

It is of the greatest importance to all, that justice should be in
every sense publicly administered. It is the best security to the
rights of the people and to the independency of the judiciary. By
placing it in the power of every one to see, hear, and understand
how the laws are administered; and by exhibiting before all a prac-
tical application of the rules by which the rights and interests
553 * of an are governed, the understandings of the people are