date

6 July 1807 Scotch Reform 26
6 July 1807

Scotch Reform

26

Letter V

II. Litigat. promot.

III. Plff. malâ fide

If that support which comes from the surest source, self-regarding interest, be cut off, you lose the benefit of all such suits, as, on the weaker side, can not be carried on without it: the oppressor gaining his ends without you, defrauds you of your due. Here then is so much loss upon that species of wrongdoer, who if resisted would have been a malâ fide plaintiff, or a d o defendant, in possession, combating for the faculty of extortion. /From p.25/ On the other hand, if all support from without could be cut off compleatly, there would be a gain upon the members of that species of wrongdoer, who combat for the faculty of simple oppression, or for the faculty of oppression with consequential profit: for when a man who could be sure of gaining his end were the adversary without support, sees, or thinks he sees, adequate support at hand, he gives up the project as not feasible. /Back to p. 25/

Profit and loss being so near alike on each side, or rather so difficult to calculate on both sides, you can scarcely do amiss. One comfort is, that whatever course you may take for depriving the oppressed of the possibility of receiving support on commercial terms, will often be ineffectual: and then comes your chance of a prosecution for maintenance, champerty, or usury. [See Defence of usury.] This chance is particularly valuable to you: for besides the fee, let the suit end as it will, you get the corruption of morals, by the propagation of treachery: an advantage in which as remote as it may seem, you can not set too high a value.
Similar Items
  • Title: [6 July 1807 25 Letter V]
    Description: 6 July 1807

    25

    Letter V

    II. Litigat. promot.

    III. Plff malâ fide

    Different causes do indeed concurr in applying some alleviation to that misery - in defrauding you of some portion of your profits: the force of the sympathetic affections in the shape of pity and remorse: the force of the moral sanction: the force of the religious sanction. But in all this there is no fault of yours. You continue to do what depends upon yourselves for the weakening of all three: by the encouragement you never cease to hold out to fraud, to oppression, to mendacity to perjury. See Letter I. Devices.

    The choice which a man of himself helpless of standing[?] suit may have of finding support from without, presents a difficult point. The terms on which the support is but given may be gratuitous or commercial: gratuitous support it would not be easy for you to cut from under him, if you wished it: support on commercial terms you may, at least for the most part, {If on this occasion you could deprive the indigent of support in all cases, the bondage would be entire.

    to p.26

    From p. 26

    {All those who could not afford to advance the £25 or whatever greater sum may prove to be necessary to the carrying the suit through on the defendant's side would be a set of villains in gross, having for Lords (tenants in common of the seigniory) all who could afford to advance the £25 or more, necessary to the carrying it through on the Plffs side:- so many Helots on one part, so many Spartans on the other:} the line might be drawn by the returns to the Income -tax might almost serve to draw the line. From the possibility of extraneous support this beautiful simplicity receives considerable disturbance.

    + Spartans quare[?] nactin es hani vrae[?], might then be the advice.
  • Title: [12 Jan y 1807 on L d Eldons Bill]
    Description: 12 Jan y 1807

    on L d Eldons Bill

    II. Appeals

    A salutary [...?] by which [...?] who suffered?

    Such being the nature and a part of the amount of the profit made by learned and reverend persons, noble or not noble, by their connection with their best customer and most respected friend the malâ fide suitor, alias the wrongdoer.

    In respect of the rate of it, the interest which by the allowance thus purchased of learned and reverend Judges a wrongdoer makes at the expence of the right owner, is very commonly, your Lordship sees, usurious interest. Where extra interest is given and taken by consent of both parties to the mutual benefit of both parties - to the enrichment of the borrower or the saving him from impending ruin - then the deep political wisdom, or the severe morality, of the fee-fed Judge - the severe morality of a Lord Kenyon - or the profound wisdom of those learned and noble politico-economists, who were so anxious to enrich Ireland by forcing into trade people who are unwilling or unable to enter into trade, and preventing them from lending their money to those who are both able and willing to employ it in trade - is shocked and scandalized at it.

    When by the assistance of Judge and C o extra interest to twice or three times the amount is extorted from a man, without and against his consent, by the tyranny and self conscious knavery of his oppressor, the lawyers who secure to him this profit, pocketing their share of it, then every thing is as it should be.

    A Bill from Lord Kenyon would have cut up this forced usury from the very root: and a word from L d Kenyon would have carried such a Bill through both Houses. But by sharing in the profit of the excrutiating usury, the pious and learned Economist got £1,437 a year in a lump, besides et cætera: and, by punishing the beneficial usury, the same indefatigable Custos Morum[?] got his fees upon the suits, besides the remoter profit from the corruption of morals, the corruption propagated by the treachery thus rewarded by him and encouraged.
  • Title: [PRIVATE 7 June 1807 Superseded]
    Description: PRIVATE

    7 June 1807

    Superseded?

    Scotch Reform 2

    Letter V

    II. Litigation Prevent. & Promot.

    2. Plff. malâ fide

    In the station in which they are placed it is impossible for them to avoid checking oppressors in a considerable degree. But the check they apply to it is of course on every occasion as weak and inefficient as they can succeed in rendering it.

    The principal distinction is that which respects the shape in which the advantage is reaped by the wrongdoer, the wrongdoer whose station is on the plaintiff's side. I speak of the distinction between oppression in the way of extortion, and simple oppression.

    Oppression in the way of extortion demands the first consideration, as being the original and basis of the other. The intended victim - the intended defendant - the Naboth - is in possession of some estate, or other article of value - some vinyard which is become an object of concupiscence to the oppressor - the David in this history. In every such David Judge and C o behold the man after their own heart. Costs to be advanced for the purpose of defence, so much; costs of suit to be advanced on the plaintiff's side, so much: if Naboth is either unable, or through terror unwilling to make the advances necessary on his side, while David is both able and willing to make those which are necessary on his, the conquest of the vinyard is assured.

    If Naboth be to such a degree destitute of all support, from without as well as from within, as to stand disabled or deterred from taking so much as the first steps in the track of defence, the destroying Angels - Judge and C o - get nothing for their share.

    To a man whose intrinsic means of defence are deficient or inadequate, it will sometimes happen to obtain support from without - that support will be either mercenary or gratuitous.

    In either case the expectation of David is pro tanto disappointed: in either case the work of destruction is entered upon, and the destroying Angels get their share.