date

24 Dec r 1806 Scotch Reform To L d
24 Dec r 1806

Scotch Reform To L d Grenville

3

Resolution 5

Pleading

A regulation enacted and presented[?] /given to the public as binding/, and thereupon in practice complied with or infringed, as suits the purpose of the perons or the time: a game called in plain English, playing fast and loose. Here then is one of these double Translations of which in the character of one of the engines[?] of the technical system I have already had occasion to speak. engines under that ingenious system, so convenient to the authors; so admirably adjusted to the ends of judicature.

Your Lordship may perhaps remember /recollect/ the time when the species[?] of duplicity was in the case of the Earl Indiscompany[?], made matter of importation: but technical judicature being a suit into which the eye of Parliament, especially at so great a distance, can so seldom endure to pry, that this and worse here continued for ages in the state of every days practice.
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    Thus again as to learning - Our Shoemaker, were he to take to Law-making, would have a pretty many things to learn, there is no making a doubt of it. But as to unlearning, what would he have to unlearn? - why nothing at all my Lord.

    And these two preeminently and to appearance appositely[?] learned personages what would they have to unlearn does Your Lordship ask, to qualify them for making laws directly to the ends of justice. Oh, my Lord, surely Your Lordship will not [...?] at least put any such question to me at least if your Lordship can have found so much patience for me, as to have to glance at the Appendix. My Lord, in one word they would have all those decrees to unlearn, those engines of the technical system to unlearn the use of, which they are so expert in: nullification, Fiction, Jargon, Receipt of evidence in bad shapes, grant of mendacity licences refusal to have or see parties, judicature on mechanical principles, sale of delay and so forth.
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    Were the occasion for application to any of the effects abovementioned matter of frequent occurrence, the delay, vexation and expence would be proportionably great.

    But among a number of arrangements all equally necessary for carrying /working/ on the machinery of justice /judicature/ many may be found of such a nature, that the occasion for actually carrying them into practice may be matter of vert unfrequent occurrence: yet are they not on that account the less necessary, nor do they make in the source of the laws any less conspicuous figure, than those arrangements which are the most constantly and abundantly called forth into practice.

    The Sheriff delinquent, the Coroner in league with him, what would become of the Courts of Westminster Hall without a pair of apporatory[?] Elizors? Yet the occasion for the actual[?] appointment of these occasional and ephemeral substitutes to the more paramount and regularly officiating Ministers of Justice does not present itself once perhaps in a twelvemonth: take away that power, a day would scarce have elapsed but proofs of the necessity of it would have started up in abundance.
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    By this system of compleat and perpetual explanation, regularly and promptly certified to the superordinate Court (a copy taken without additional or at least without double labour by any one of the ingenious devices in modern use does the business to perfection and almost without expence) by this notification with appropriate publication (all profit by delay being moreover take [...?] a remedy without which all others put together will be of little value) all arbitrary power of creating under delay promises to be done away /extinguished/: if not compleatly, at any rate to [...?] a degree as the nature of men and things admitts of.

    To second however the operation of this moral remedy /[...?] and new[?] reformed/ the obvious strict and legal remedies must not be omitted. application to the superordinate Court for an order to the superordinate, requiring it to proceed, as to the cause why it does not proceed to Judgment: complaint against the Judge for not having proceeded at the time when he ought to have proceeded. Complaint against the Judge in the score of a false entry in the Register (a false assertion in regard to the matter of fact) complaint against him for delay founded without sufficient grounds in the matter of fact asserted in the entry, supposing it ture /taking it for true/. (of course no such complaint to be made to the superordinate without previous notice to the subordinate Judge) power to the plaintiff to insist upon a judgment repelling his demand in toto as pro tanto as the superordinate Judge thonks fit, for the purpos of having a judgment to appeal from to the superordinate.