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13 Feb y 1807
Inserendum[?]?
Letter IV
Montesquieu
This /[...?]/ is the price put upon justice, therefore it is the proper price: Such is the argument: - corollary therefore there neither is nor can be any such thing in extortion in the world.
In the way of direct assertion, there are many things that even a lawyer will not be ashamed to say: for instance in the way of insinuation there is nothing /what is there that/ he will not say? ││ I am sorry to add - or almost any man, who has a point to maintain, and feels himself hard pressed.
In the shape of delay vexation and expense, (open the door to insinuation) there is no mass of injustice so enormous, that may not in that [...?] meet with its defence /find a good defence/. ││ Accordingly it has been borrowed by Blackstone for the defence of English injustice: borrowed up by the Lord President of the Scotch College of justice for the defence of Scotch injustice in the same way it may be handed from branch to branch, and be[?] never the worse for wear, after defending go round the world, defend injustice every where.
In Turkey, causes decided and no delay manufactured: proof sufficient to Montesquieu and his pupils, that in Turkey neither property nor reputation nor life experience any regard. Little enough, but too probably: - But would they experience any more if long vacations were introduced there instead of /take place there of/ long [...?] sittings di dia in diem[?], would they experience any more? But suppose that in Turkey sittings di dia diem[?], were to open, and let in long vacations? would this mend the matter? To Christians, to Jews, to Turks themselves, would property and so forth be the more secure?
The Bastion[?] where he has heard the parties, trials them "with a bastinado": - Perhaps he does: and could not he[?] /then could not he/ although he never heard it /them/? if /could not he/ like learned Lords and gentlemen on both sides of the Tweed he decided the cause, without hearing from either party a single syllable?
In Turkey, suitors /though/ in a civil suit, are made to feel the cudgel: Perhaps so; and what then? My Lord President! Speak my good Lord! Is Scotland Turkey? In Scotland, the noble men and gentlemen [...?...?] in the Commission of the Peace, are they Bastions[?]? The Small Debt Courts, which are so good for ,5, so bad for ,5,1: these courts of unpolluted justice, are they so many cudgelling irons?
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Title: [Feb y 1807 Inserendum[?] Letter]Description: Feb y 1807 Inserendum[?] Letter IV Montesquieu Observe, my Lord, the calumny crushed under this insinuation, and the object /end/ to which the calumny is directed. Whosoever, protesting against oppression and extortion /protesting against sham justice/ calls for true and real justice, is /in him behold/ a despot, or an advocate for despotism: this is the calumny: and therefore, that I for fear of suffering under this calumny, we are to be content to suffer under oppression and extortion, and go without justice: this is the end and object of it /the calumny/. But, my Lord, even this was not enough for Montesquieu. It was not enough that the system of judicature should be maintained in every country, maintained for ever, in the violation of the /those/ collateral ends of justice, without /unless/ it were maintained in the violation of the direct ends likewise: - in a word of all the ends. For in the price that we /men/ are to be content to pay for liberty - the price that can never be too great - the price that is not yet great enough, is another article besides. viz: misdecision without that: for in addition to delay vexation and expense what else can be the meaning[?] of the dangers of justice "dangers [...?] to justice"? Liberty is constituted and exercised not only the quantity of delay, vexation and expense, and of injustice in these shapes, but moreover also by the frequency of misdecision, and the quantity of injustice in that shape. After this, give me leave to ask my Lord, where is the cruellest most finished[?] despot, where is the wolf, now? In Turkey, or in France? not to speak of England, or of Scotland. But in France, he has found it prudent to cloath himself in the fox; [...?]: - while in Turkey he saves himself the trouble.
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Title: [13 Feb y 1807 Inserendum[?]?]Description: 13 Feb y 1807 Inserendum[?]? Letter IV Montesquieu But my Lord, Montesquieu with all his wit, and all his gallantry, and all his sentimentality, was a lawyer, and a fee-fed lawyer: and the longer the decreet[?], the more elegant the bijou for the Dulivia[?] of the moment: and thus it was that be the decreet[?] ever so long, there can never be enough of it. Sentimentality[?] disbarred[?] and a stack of reputation laid in, Montesquieu is always ready, you may see it throughout his book, standing Counsel for the defendant, whereas a defendant, so he be a member of the partnership and whatever be the cause. By all accounts, an honourable and amiable man in private life: but, for us, who never lived with him, so much the worse: his book but the more mischievous.
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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.
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