date

April 1807 Lawyers judged I
April 1807

Lawyers judged

I will now state to you, with that simplicity /openness/ which scorns all disguise, why it is that in my humble opinion the opinion of their learned Lordships has no claim to your regard.

Prefixed to the mention of my own opinion, the word humble is not an [...?] formulary /as at the close of a letter/. Less weight than I myself ascribe to it, it is not in your power to ascribe to it. I never do ascribe any weight to it at all.

On this as on every other occasion, my opinion here[?] I set down as equal to 0. My reasons are as follows. of the form of them you will judge.

1. Under the mode of remuneration pursued in Scotland as well as in England /- and about every where else/ the interest of all lawyers is in direct opposition to that of all suitors. The interest of their learned Lordships your Judge, in whose will in so large a measure every thing that belongs to you or is dear to you depends - are lawyers their interests are therefore opposite to yours.

2. Men's judgments are warped, their prejudices are begotten by their interests. The interests of their learned Lordships being adverse to your interest, their prejudices are so too. Be their judgments ever so sincere, they are not the less necessarily adverse to your interests.

It is the interest of you all in the character of suitors - that is of individuals exposed to the calamity of becoming suitors - such among you excepted as mean distinctly, and ni your transaction with /in/ Courts of law are conscious of being in the wrong, it is your interest that the ends of justice be in every /each/ individual instance pursued and fulfilled to the utmost possible extent. Far different is the interest of these Your Judges

 [...?] law[?]
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    Coming from less learned source it might be ascribed to wickedness /imbecility of judgment/ coming from the source from which it does come, I can not ascribe it to any thing else - to any thing less than wickedness.

    For my friends to what end /with what view //purpose/ thus resort to a piece of parchment instead of the ends of justice. My friends - when the mask of hypocrisy is taken off - to these two ends which in fact [...?] in one - to excite commotions in the country - to incite you to opposition sedition, and if necessary rebellion - to produce this mischief in the first instance, or by the dread of it to [...?] the legislature and force them to abandon that reform by the institution of which they wish and expect to afford relief to [...?] under an inveterate and most galling grievance.

    All laws that proceed upon rational grounds proceed upon calculations of utility: upon a comparative view of good and evil: upon

    Arguments of this nature their learned Lordships are sensible would not suit their purpose: and therefore it is that they fly to the parchment as to the Laws of the altar.

    Therefore it is that they appeal to this and this and that law in the character of /by the name and description of [...?]/ fundamental law. Why call it a fundamental law? - Because when /no sooner is/ a fundamental law broken than the juncture for resistance is arrived. Coming from such authority - the very highest next to Parliament - the [...?] made of the Articles of Union - the very word fundamental so employed is a call to you to take up arms.
  • Title: [29 Apr 1807 (3) Lwyers judged]
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    Letter 1.

    It is your interest that the law, by which your fate is disposed[?] of - the law by /rule by/ which at your [...?] you are bound to confirm all your actions - should be in a state of a perfect notoreity and certainty, as possible.

    It is your interest, that in your quality of subjects - of suitors - of individuals exposed to the misfortune of becoming /finding themselves in the condition of/ litigants, complicated burthen of delay, vexation and expence, pressing on that disasterous[?] /[...?]/ condition in life should be as light /as little [...?]/ as possible.

    Those propositions surely need no proof.

    It follows therefore that the interests of the lawyers - (and I speak all along of both classes) in regard to these essential points are in direct opposition to your interests: and that the more clearly it is proved /shown/, that it is for your interests that both those great tasks /grand operations/, be accomplished, the more certain it is rendered: that the accomplishment of them will find in the whole body of the lawyers its determined and inexorable opposers /opponents/.
  • Title: [17 April 1807 J.B. to Scotland]
    Description: 17 April 1807

    J.B. to Scotland

    Lawyers judged

    In Scotland, the interest of the Judges is less palpably /somewhat less plainly/ adverse /than in England/ to the interest of the people in the character of suitors than in England: but it is not less effectually so.

    1. In Scotland their emoluments do not in so large a proportion as in England depend upon the quantity of suitors' delay, vexation, and expence which they can contrive to create /set/ or keep in foot.

    But though the existence of any benefit at all from that source has been expressly and authoritatively denied, I shall state further on why I can not look upon that denial as conclusive.

    2. Be this as it may in regard to profit, their interest in respect of ease is irreconcileably opposite to that /the interest/ of the people to the interests of justice: and to this sinister interest the public interest as you will see has been made a notorious sacrifice.

    3. Even if their self-regarding interests were not thus adverse /opposite/ to the interest of the people in the character of suitors - to the interests of truth and justice - their affections[?] and thence their habits are so, and can not but be so, at any rate. Not one of them but[?], before he was raised to the station of a Judge, had passed a great perhaps /[...?]/enormously/ the greater part of his life, in the profession of as Advocate. But the utter and irreconcileable hostility of the interests of the Advocate with that of the people in the character of clients is too obvious and too undeniable to need insisting on /need any more words to prove it/.