552 HELMS v. FRANCISCUS.

legible hand, not in court hand, (d) 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, (e)

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 ad-
ministered 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 language
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
practical application of the rules by which the rights and interests

(d) Scobell, 148, 4 Brod. Brit Emp. 820; Parke's His. Co. Chan. 184; 1 Westm.
Hall, 5.—(e) 4 Geo. 2, e. 26; 6 Geo. 2, e. 14; 3 Blac, Com. 818; Mitf. Plea. 8;
Parke's His. Co. Chan. 305.