An inquiry into the permanent causes of the decline and fall of powerful and wealthy nations : $b Designed to shew how the prosperity of the British empire may be prolongedPlayfair, William
Philosophy
An inquiry into the permanent causes of the decline and fall of powerful and wealthy nations : $b Designed to shew how the prosperity of the British empire may be prolonged
Playfair, William
Economics; Great Britain -- Economic conditions; History -- Philosophy
In the criminal law of the country, where the king is the prosecutor,
and where the lawyers are not interested in multiplying expense or
embarrassment, our laws are administered with admirable attention;
though, perhaps, in some cases, they are blamed for severity, they are
justly admired over the world for their mode of administration.
It is very different in cases of property, or civil actions, where it is
man against man, and where both solicitor and council =sic= are
interested in the intricacy of the case. Here, indeed, the public is so
glaringly imposed upon, that it would be almost useless to dwell on
the sub-[end of page #119] ject, and, as a part of the plan of this work
is to offer, or point out, a remedy, it may be sufficient, in this case, to
go over the business once, and leave the examples till the relief is
proposed.
At present, it is, however, necessary to shew why, as things are
constituted in mixed governments like this, no remedy is to be had.
The public only acts by representatives; and, in the House of Lords,
the law-lords, who have _l'esprit du corps_, may easily contrive to
manage every thing. One or two noblemen excepted, no one either
has, or pretends to have sufficient knowledge to argue or adjust a
point of law. Indeed, it is no easy matter to do so with effect, for,
besides that, the law-lords have ministers on their side, or, which is
the same thing, are on the side of ministers, the speaker is himself at
the head of the law. The other members who look up to the law-lords,
and who are generally very few in number on a law-question,
generally give their assent. In the House of Commons, in which there
are a number of lawyers, they are still less opposed. The country
gentlemen profess ignorance. They think that to watch money-bills,
the privileges of the house, the general interests of the nation, roads,
canals, and inclosures, is their province. The mercantile, and other
interests, composed of men getting money with great rapidity,
consider the abuses of law as not to them of much importance; they do
not feel the inconvenience, and have neither time nor inclination to
study the subject. {98}
The prerogative of the king to refuse his assent, might, perhaps, be
expected to come in as a protection, but here there is least of all any
thing to be expected. In the first place, it is thought to be wise never to
use that prerogative, and, in the second place, the lord-high-chancellor
is the king's guide in every thing of the sort, insomuch, that he is
styled the keeper of the king's conscience.
With power, influence, and interest on one side, and nothing to oppose
it on the other, (for the common proverb is true, as all common
---
{98} The law is the widest, and the shortest, and the nearest road to a
peerage. A Howe, Nelson, and St. Vincent, play a game, partly of
skill, and partly of chance, for title; they must have luck and
opportunity. The others are sure with fewer competitors to have more
prizes.
-=-
Public-domain text, read in full here on John Shaqi.
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