091-145.xml

Title: [27 Dec r 1806 Scotch Reform To L d]

Description: 27 Dec r 1806

Scotch Reform To L d Grenville (5

Resolut. 15

Extracts

And now, my Lord, since we are on the subject of what is possible, give me leave to submitt /permitt me to state/ to Your Lordship what I can not help looking upon as not only possible, but whether designed or not designed, altogether natural: and that is - that after due compensation made (upon the principle so honourable and so congenial to this country of attaching compensation to individual less by reform whenever the object of it can be found) after the compensation made for official use also for professional losses by the security /rigour/ of the intended prohibition which awaits /intended to be paid[?]/ on these jurisprudential luxuries the surplusage when retrenched[?] /cut down/ in one form, will sprout up in another: heads will fly off, Hercules will lay about him, hands will fly off, but as to the [...?] iron it will not be to be found. In fact, my Lord, considering the nature of the case considered, what instrument is there that can be adequate to the purpose, other than a set of [...?] [...?], proposed before hand in the workshop /laboratory/ of Parliament? But of this in another place.

My Lord, neither on this occasion nor any other, will I adopt the disingeniousness or the weakness /infirmity/ of those oppositionists, who finding laying their hands on an article that would useful /salutory/ in the character of a warning, convert it to prison by administering it in the form of a radical objection. I submitt to Your Lordship the abuse not as a mischief certain, either in design or in effect, but as a danger to be guarded against, and on that account to be thought of.

091-143.xml

Title: [27 Dec r 1806 Scotch Reform To L d]

Description: 27 Dec r 1806

Scotch Reform To L d Grenville (3

Resolut. 15

Extract

My Lord, with great /with all humble/ submission, that which is actual is possible: With us in England, extracting nothing at all under the name of [...?], or under any other that corresponds to it, is the actual practice, is if your Lordship pleases the new[?] practice.

In England: yes even in England: ergo it is possible: as to its being "found" so, that is a very different affair. Whatever is, is: That which exists, exists. It is only what men wish /a man wishes/ to find that is "found". As to Interlocutors, in England /English law/ with all our surplusage (I speak here of Common Law) In English law (Your Lordship knows) we have no such things as interlocutors. English pleading /Pleadings in the English stile/ (for if not in that in what other?) as /are/ among the reforms of which this plea is pregnant: English Pleadings to render the matter so much the more intelligible to the Scotch Juries, to whom they will remain as compleatly [...?] and unheard as they are to English ones. But before the scores of pleadings, in the English stile takes its commencement, a [...?] series of Interlocutors in the Scotch state will of course have been run out: not to speak of the fresh[?] list /scores/ of Interlocutors to which it may so naturally happen to "to found indispensably necessary", after the termination if not likewise during the continuance of the series of English Pleadings, as well in the inferior provincial Courts which the Cause remains in a state of vibration between the Outer and the Inner Houses of the new Metropolitan Chambers, to say nothing of /not to speak of/ the Chamber of Review.

/+ Motions [...?] until[?] motions of which there are so many more than there ought to be though hardly one for every cause out of law, motions with /including/ the rules to which they give birth, answer as far as they go por[?] tanto in some respects to Interlocutors.

091-141.xml

Title: [[...?] Dec r 1806 Scotch Reform To]

Description: [...?] Dec r 1806

Scotch Reform To L d 1806 + (1

Resolut. 15

Extracts

Resolution 15 th: That all Extracts, in every Court, Superior and inferior, be abolished or diminished, as far as it shall be found possible; and that for the execution of any decree of appealing therefrom, it shall in all Cases be sufficient that there be an Exemplification, signed by the Clerk of Court, containing the Summons, Petition, or other Writ by which the Cause was brought into Court, together with the Defence, and the different Interlocutors, and final Judgement of the Court, with such other Parts of the Proceedings only as it may be found indispensably necessary to include in such Exemplification

To the principlee of this resolution considered as declaration of in general terms of the [...?] of the House of Lords for the abolition of the extortion practised on this ground there can be nothing to be said but in the way of eulogy /applause and gratitude/: of the degree of efficiency likely /intended/ to be given to it by the local operators, suspicious persons themselves are presented even upon the face of it.

Extraction of the deceit, my Lord, it may or may not have fallen in your Lordships way to observe is from an [...?] of the French School: It /the practise which is as much as to say the extortion/ sprang up in the original Roman School: it swelled like an avalanche in its passage from Rome to Edinburgh by way of /viâ/ Paris. In France The power of adding distress to distress, at the will of the practicers[?], under the notice of administering justice, was, we all know /as every body knows/ an object of public sale: for extorting the money /matter of extortion/ out of the pockets of the suitor, French Judges, like /as well as/ English and Scotch had many engines /[...?]-[...?]/ but this was the most productive.