The Works of James Wilson, Associate Justice of the Supreme Court of the United States ... : Being His Public Discourses Upon Jurisprudence And the Political Science, Including Lectures As Professor of Law, 1790-2
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303. •OF THE DIFFERENT STEPS PRESCRIBED BY THE LAW. 451 nlone are of two kinds : those which are filed ex officio by the public prosecutor, and are properly at the suit of the public ; and those which are carried on in the name, in- deed, of the commonwealth or crown, but, in fact, at the instance of some private person or common informer. The first have been the source of much ; the second have been the source of intolerable vexation : both were the ready tools, by using which Empson and Dudle...y, and an arbi- trary star chamber, fashioned the proceedings of the law into a thousand tyrannical forms. Neither, indeed, ex- tended to capital crimes : but ingenious tyranny can tor- ture in a thousand shapes, without depriving the person tortured of his life. Restraints have, in England, been imposed upon the last species : but the fltst — those at the king's own suit, filed by his attorney general — are still unrestrained. ^ By the constitution of Pennsylvania, both kinds are effectually removed.
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