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10 July 1807
20
Letter V
II. Litigat. promot.
Remember that in every recourse[?] ought to be your constant study - to blur [...?] eyes of the people and to corrupt their heads[?] as effectively as possible: a more favourable occasion can not present itself.
It is impossible for you to abstain altogether from taking all such operations without exception as common sense and common honesty point out as necessary for the furtherance of justice: all you can do is to do what depends upon yourselves, towards destroying their efficacy. So far as concerns common Bail you will encourage sham Bail. Imprisonment you can not avoid subjecting a man to, besides that it is necessary to you for other purposes: what you have to do, and it is all you can do, is so to order matters that it shall not be employed to the compelling the prisoner to give up other people's property: and that it shall be employed to the keeping him where he is to spend what money he can raise that you may have your pickings out of it.
Take care that whatever property of other people's he may have in his hands, those who are most dear to him may upon his death enjoy the benefit of it. Remember that the more flagrant the iniquity, the more splendid and triumphant the display you make of your power. When a Guardian in this way makes himself rich, leaving his ward penniless (if a female and she goes upon the town so much the better) this is a proud day for you.
Take care that in each instance whether or no and how far it shall be in a man's power to practice cheating with success shall not be too plain: on this occasion as on all others it will be your care to involve in the question as much to the highest degree of complication as possible. Take care that in each case the {practice of decision and consequent rule of law shall} be as repugnant to human reason and consequently as unconjecturable, as possible: a man's body for example being of no use but as means of coming[?] at his money, meaning other people's money in his possession take care that whoever takes a debtors body shall get neither that nor any thing else: but instead of receiving any thing from him, the man shall be at the expence of keeping him.
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Title: [24 June 1807 (12) 17 Letter]Description: 24 June 1807 (12) 17 Letter V Letter V II. Litigat. §.6. 3. dissipatorious 3. If by the restlessness of the legislator or the people the performance of any operations tending to diminish the facility of embezzlement dissipation or destruction should happen to have been forced upon you, be it your care to render them as ineffective as possible to that and other purposes of justice, and at the same time as effective as possible, in respect of expence and delay with its lawyers' profit to the purposes of judicature. For example, instead of an effectual mode, as above, for ascertaining and securing against embezzlement and dissipation the effects of the defendant himself, whereby in case of solvency Bail would be rendered unnecessary, and in case of insolvency his friends would be saved from being cheated in the character of Bail, substitute the use of Bail altogether, taking care that the scruting into their sufficiency shall be performed in a mode ineffective to that purpose, effective to the purpose of the encouragement and increase of perjury: making it at the same time as effective as possible to persons of delicacy (in particular to the female sex) that the recourse to insolvent and perjured Bail may be the more necessary and the more frequent (a). See further on this head, Directions to the legislator: Note (a) In the clause introduced by Your Lordships learned Reformer for the introducing into Scotland the diversion of Bail-baiting in the English mode, he has succeeded extremely well in the above respects as I propose to shew.
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Title: [25 April 1807 Letter V VI Bail]Description: 25 April 1807 Letter V VI Bail-baiting II. Inadequacy Long before the inquiry has reached any useful stage - i.e. before it has extracted out of the man an assertion which if false would be particular enough to subject him to conviction as for perjury. Patience has taken his leave of Justice. Ah, my Lord, how have I seen L d Mansfield yawn! it makes me yawn even to think of it. How have I seen a poor Counsel - a Junior too frequently is for business of this sort - snubbed for, perseverance! I had rather have been the Bail, though it had been a Jew Bail, than the Advocate. Sometimes, to beguile the time, mirth is resolved upon, and perjury is assumed, a widow's cruize[?] an inexhaustible source - of pleasantry. Then fly out the King's Benchians, or Common-Pleas-ians, from the four desks perhaps at once - "The gentleman will burn for the money" (the gentleman a Jew Bail with a gold-laced coat on) stands upon a record - (and my Lord the lace was really a broad one I remember the coat) not indeed in the Table-talk, but in the Bench-talk, of Lord Mansfield. After so good a joke, and so-much merriment as was raised by it, rejection it is needless to say was not to be thought of. Bail, Jew or Christian, perjured on the Old testament or the New - take a leaf out of the book of Falstaff - witty thyself or not be the cause that wit is in others[?] learned, so they be learned men, Solventur risu tabula, tu missas abibis.
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Title: [9 July 1807 + D Scotch Reform]Description: 9 July 1807 + D Scotch Reform 18 2 o Letter V II. Litig. promot v. Particular Directions concerning the species of Stellio stiled fortunicola: composed of malâ fide defendants, solvent or insolvent, combating for ultimate success through delay, by means of title-destruction casualties. 1. In regard to such casualties as naturally and of themselves possess this property, such as deposition of evidence, do what you can to favour their taking effect: concerning which see above, p. │ │. 2. These not being of themselves sufficient, take any casualties whatever, the more numerous and diversified the better, and bestow upon them this force and virtue - for examples, see above p. │ │. 3. To make room for casualties of both sorts to take place, as well as for so many other good purposes, remember to have ready for the market, in addition to the minimum which you provide and establish gratis, as large an assortment of delays, and in pieces of the greatest length, as possible: besides those which the customers on both sides are forced to buy, whether they will or no. VI. Particular Directions concerning solvent Defendants combating for gratification of enmity: Whether in the Station of defendant or plaintiff, wrongdoer before or without litigation, defendant upon and in consequence of litigation, i.e. of a demand made in the quality of plaintiff claiming satisfaction for the wrong, plaintiff not having sustained any wrong, but claiming satisfaction on that pretence, on the pretence of having ascertained it, the more mischief you put it in the power of a man to do to another, the more extensive and prosperous this branch of your trade. This faculty, the jus urandi[?], you will take care to put in every man's power to purchase, and to the largest amount possible, in either capacity, and so leave it to his choice. The best choice he can take is certainly to become suited, viz. Plaintiff in the first instance, because in this case your profit is if any thing more certain than his, though both go hand in hand: whereas in the other case viz. when he committs the wrong in the first instance, and without coming to your shop for tools, if the party wronged is to such a degree helpless or timorous or well informed and prudent as not to take any legal steps to right himself the wrongdoer gains his ends without you and robs you of your due: but as to this you must take your chances.
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