date

29 April 1807 7 Lawyers judged
29 April 1807

7

Lawyers judged

Letter I

By the official plan of reform, introduced by Lord Grenville into the House of Lords, and still remaining upon the carpet to be disposed of, two papers both of them in the point of view here in question of the utmost importance /of the utmost importance/, have been brought forward: one of them containing /conveying the sentiments[?] or at least/ the language of the majority of the Judge of the Court of Session -the supreme judicial Court in Scotland; the other those[?] of a Committee of the Faculty of Advocates the leading [...?] of the professional class of lawyers: a Committee which being chosen by a great majority if not the whole assemblage of the members of that learned body, and a few as appears adopted by them, cannot but be understood to convey a faithful idea /representation //statement/ of the setiments which it is in their wish to see accepted and understood as theirs.

Comparing these two papers /mutually adverse papers (for such they are)/ with the plan on which they both comment, and with each other, I saw, in documents [...?] from both sources what I could not but expect to see, ample confirmation of the preocccupations above stated as entertained by me: a demonstration of their coincidence in hostility to every plan from which the interest of the subject in his character of possible litigant /suitor/ could receive any considerable benefit, of their attachment each of them to his /its/ separate and exclusive interest - and of their consequent hostility on the part of each towards the other on the several grounds on which those separate interests, received in the light in whch they happened to present themselves, appeared to clash and interfere /and clash/.
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  • Title: [April 1807  Happily superseded]
    Description: April 1807

     Happily superseded

    Lawyers judged

    The Lawyers judged: or Observations

    On the Memorial of the Lords of Session, and on the Report from the Committee of the Faculty of Advocates. On the Scotch Judicature Reform Bill.

    In a Letter /series of Letters/ to the people of Scotland

    Friends and Fellow Subjects

    Mt own observations on the proposed plan of Reform are already before you: they are contained in a series of Letters to Lord Grenville.

    My own plan on the same subject is also before you: or[?] in a course of becoming so: it is contained in the same series of Letters.

    In the mean time come two official publications containing observations on the same authoritative plan by two bodies of lawyers of your own part of the country: the body of Judges, and the body of Advocates.

    Both of them contain matter of the highest /highly worthy of your/ interest to you both of them however stand in need of an interpreter: listen, my friends, while one who has no interest in deceiving you, performs /strives to perform/ to the best of his judgment and ability that friendly office.
  • Title: [29 April 1807 Lawyers judged]
    Description: 29 April 1807

    Lawyers judged

    Letter I

    In the course of the ensuing discussion of the ensuing warfare for such it is impossible that it should not be, two results /tendencies/ will [...?] to inflict /produce/ pain, and to excite hostility: the adverse effect the ultimate prejudice to the official and professional /corporate and confederated/ interest/, being the effect which it is the direct object of these pages to produce /accomplish/: and the wounds that in the course of the struggle /contention/ may come to be given to /inflicted on/ the personal feelings /reputation/consideration and thence/ of the individuals more particularly concerned.

    As to the authors of the several papers, whosoever they may be, for I have succeeded compleatly in any endeavours to avoid knowing whatsoever blame if any may fall upon them is inevitable and remediless. One comfort at any rate, if not to them, /at any rate/ to me their adversary is - that their names not being public, whatsoever obloquy if any, may happen to fall on them, will fall proportionably light: and if obloquy /like any other burthen /other burthen's obloquy/ by being shared is lessened they will each of them behold in their colleagues and other relatives so many sharers, that to the most acutely sensible of all, it will I hope, and trust if at all be scarcely felt but as a flea-bite.

    As to the reproach of being an enemy to the people /increases[?] to the public good/, besides that it will not be shared by so many, of themselves so numerous and respected a society it will rest with each of them, individually taken, to take up as much or as little of it as he pleases /sees convenient/: if he takes /taking/ it up he has a host to share it with him and keep him in countenance if his desire[?] be not to merit it, and then not to bear it, /to avoid bearing being subjected to it/ that, too awaits his pleasure if it be his pleasure to be a friend to the people /public interest/, and to go over to that side, nothing can be plainer or more open than the road.
  • Title: [29 April 1807 2 Lawyers judged]
    Description: 29 April 1807

    2

    Lawyers judged

    Letter 1[?]

    In Scotland, as elsewhere, lawyers are distinguishable into two classes: 1. the official including Judges, and the other ministers of justice /functionaries nominated in general by government/ their subordinates; and the professional Advocates, [...?] to the [...?], and so forth tending their assistance to the parties, remunerated of course as well as nominated by there respective clients.

    To the interests of both those classes, the measures which I found myself under the necessity of insisting upon /advocating/ are decidedly adverse.

    One goes to the taking away the uncertainty of the law: and it is in the interest of all lawyers - of the professional class in every posible state of thing - of the official class in the actual state of things, that the law shall be /continue/ and for ever remain in the state of the highest uncertainty possible.

    The other goes to the reducing to its lowest limits the delay, vexation, and expence of litigation: those evils more or less distinct in idea, but in fact /practice/ inseparably connected, rising and falling together: and it is the interest of lawyers of all descriptions that these evils should all of them rise to and continue at the highest pitch possible, for the sake of the profit extracted or extractable out of the expence.

    Upon the bare mention of it /statement of the case/, the existence of this sinister interest will surely appear probable enough: and in the course of this address, as well as in the papers /observations/ I have already made public, particulars tending to place it in a stronger and strongerb light, will present themselves in abundance.