5 March 1807

Judicial Justice

Letter V

III. Remedies or Corrective Modes

4. Against usurpation of jurisdiction, the remedy is prohibition. This, if accompanied with malâ fides, on the part of the Judge is an offence the nature of which varies according to the nature of the burthen the imposition of which would be the result of a decision acceding to the demand: an offence consummated supposing the decision followed by execution; till then, but inchoate. But whatsoever expence and vexation the procedure may have been attended with, constitutes the matter of a distinguishable offence, and that consummated.