date

29 Dec r 1806 Scotch Reform
29 Dec r 1806

Scotch Reform

To L d Grenville

Omissa

2. Outer Houses

And who is this person in whom diffidence /modesty/, a quality so amiable when added to the other attractions of female beauty takes this method /opportunity/ of displaying itself? An old [...?], who immediately after the confession made oh his incapacity /impotence/ to judge of it, goes into another room, and there where he takes the lead on pulling /tossing/ it about and disposing of it somehow or other in a company of 14 other [...?], all like him /himself/ taking there turns for modesty. By himself /In the [...?] of his own choice/, taking his own time for it, he is unable to form his judgment on it: to qualify himself it is necessary for him to take it with him into a crowd, there to thwarted and jostled and hastled[?] while he is studying it, a crowd composed of men not one of whom knows any thing near so much of it as he does.
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  • Title: [29 Dec r 1806 Scotch Reform]
    Description: 29 Dec r 1806

    Scotch Reform

    To L d Grenville

    Omissa

    Representations

    And who are these tyros in judicature, these perpetual novices, who in the eyes of the learned founders of the system no experience can qualify for /enable to/ for pronouncing a judgment that shall be fit for being abided by?... My Lord, they are themselves, each and every one of themselves. And these are the men by whom whatsoever is done in the whole country in the name of justice was to be perpetually /at any time /received[?]/, modified, "advocated, suspended."

    In[?] how everything in jurisprudence is governed by name and usage /always [...?] fit bad usage/, and how alone Utility and Reason have ever been to /found themselves on/ this ground. Call a man a Juryman, let him [...?] have set his foot in a court before, he becomes infallible: whatsoever else may be allowed to change his opinion for him, he himself never is. Call him a Lord of Session, calling the Lord of session at the same time, a Lord Ordinary, he never knows his own mind for two days together: he is incapable of forming the /any/ opinion that is fit to g for one: and this is what men get by buying in a stock of what by courtesy and misnomer is called learning:- by compleating or doubling[?] the vigenta[?] annuum[?] lunabratanis[?]. But the shuttings[?] give plainness and clearness to these as well as to all other[...?...?].
  • Title: [[094-341v] 23 Dec r 1806 Scotch]
    Description: [094-341v]

    23 Dec r 1806

    Scotch Reform To L d Grenville

    Is it for the beauty[?] of the ends in which the /of collecting the/ evidence is collected, that learned gentlemen are so fond of this mode /scheme/ of judicature? Ask M r. Hutchinson, my Lord; ask his supremely learned [...?] and corrector of the proofs the Right Honourable the Lord President. For excess[?] value ,5, good: for in short so Parliament would have it, and there is no[?] help for it. For [...?] value ,5, [...?], bad: for, God be thanked, Parliament has stopped at ,5.

    Look[?] sharp[?] after the Bishop of Norwich and his Clergy: and Edward [...?] to his [...?] in the statute of [...?...?]. The meaning was said Lord Coke[?] to whom any things meaning was so much better known thanks to the King[?] himself the meaning[?] was look[?] sharp[?] after all the Clergy: As to the Bishop of Norwich, he is[?] given[?] only as a sample of them[?]: they are all alike.

    Look sharp after the lawyers, my Lord: what[?] /as/ in Bishop of Norwich and his Clergy were supposed to be in /with/ regard to the rest of the English Clergy, so are the Right Honourable the Lord President and his M r. Hutchinson are with regard to the rest of the lawyers /rest, [...?] and remainder of that for of the long robe/: they are all alike, if there is any difference. Individuals vary: Ranks and classes are what their position[?] marks[?] them.
  • Title: [30 Dec r 1806 Scotch Reform │ │ To]
    Description: 30 Dec r 1806

    Scotch Reform │ │ To L d Grenville

    Facienda

    3 Pleading

    Codification

    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.