date

17 Apr. 1807 Letter V IV. Judges
17 Apr. 1807

Letter V

IV. Judges w.[?] malâ fide.

My Lord, for the extirpating of the breed of malâ fide Appellants, at no time can knowledge any more than power have been wanting to Judge and C o - at no time can any thing have been wanting but that which has been always wanting - and under the fee-gathering system can never cease to be wanting - interest, and will the offspring of interest. It is what every man - not to speak of women and children - knows, and what not even all their science can have enabled them compleatly to forget that what, in the main, it is a man's interest to do he will, in general, do - and what it is his interest not to do, he will not do.

What it was not possible therefore even for their learning to avoid knowing was - that a man who saw it to be his interest to become a malâ fide Appellant would in general be so: another thing it was equally impossible for them to avoid knowing was that to every man to whom delay was thus proffered[?] to be sold an interest in becoming a malâ fide appellant, and that a predominant and effective one was created by the vendors: that ... but to persevere in tracing out through all its several points their universal conscience would be but a waste of words.

Conscious of the disease created by the industry of their predecessors and kept up on foot by their own - intimately acquainted with the disease, intimately acquainted with the cause - it is equally impossible for these physicians of the body politic to avoid being equally acquainted with the remedies.
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    Description: 15 July 1807

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    Forgetting then their existence for the present, and only for the present, (for soon Your Lordship shall be enabled to entertain him with a sight of Scotch-bred ones by scores as well as English-bred ones by hundred, all of them with the name malâ fide Appellant written upon their foreheads) I will consider the proposed additional Chamber on the footing of the effect it would have if there were no sort of litigants or sort of appellants to be found in any one of his Majesty's three kingdoms but bonâ fide ones.
  • Title: [[094-467v] 17 Apr. 1807 51]
    Description: [094-467v]

    17 Apr. 1807

    51[?]

    Letter V

    II. Proper Remedies

    V. Remedies

    Conscious of the disease created by the industry of their predecessors and kept up by their own - intimately acquainted with the disease, intimately acquainted with its cause - it is equally impossible to those physicians of the body politic to avoid being equally acquainted with the remedy.

    I should have said the remedies; for the disease, according to its symptoms /to the circumstances/, requires two different ones.

    In the case of the solvent - the thrifty and calculating pupil of the partnership - do away his profit: force him to refund, and with an adequate addition whatsoever he has made -  Then shall[?] faciendisa[?] on appeal: stop not execution. This applicable to solvent & insolvent birth[?].

    In the case insolvent - the prodigal pupil of the partnership - at the very outset of the suit, let it be the care /duty/ of the Judge, at the instance of the plaintiff to arrest /stop dissipation[?]/ him[?] in in its course. /In a civil case/ This is a civil case is the use - thus the only use - of provisional arrestation: the prisoner conducted in the first instance /for examination unto/ before the person of the Judge: consigned from thence to a place of provisional

    confinement if necessary for securing to the plaintiff the benefit of the sequestration; beyond the necessity not to [...?].

    By providence thus displayed the purpose of the injured creditor would be served /the ends of justice in a word/ but the purpose of the partnership /Judge and C o/ the ends of judicature marred: accordingly care is taken never to see /face/ or hear the insolvent never either to compel[?] so much as admitt into the presence of the Judge him who is thus on the breach[?], floating or already in the /running down/ in the current of insolvency - near either to see his person or know any thing of his circumstances:

    Instead of this[?] arrangement thus dictated /common honesty[?] the suggestion of/ by common sense, the technical system provides the security afforded by bailing - holding to bail. But the inadequacy of this security will be shewn under the head appropriated to that subject.
  • Title: [31 May 1807 Letter V II. Proper]
    Description: 31 May 1807

    Letter V

    II. Proper Remedies

    1. Solvent knave[?]

    To observe the shape given by the man of law to the bounty thus offered for an instrument of malâ fide suitors was matter of indispensable necessity: such as hath been the shapes given to the bounty thus given by the Judge for the enlistment of these the instruments of his power and opulence, such is the shape that must be given by the legislator to the only instrument which with any rational prospect of success, he can hope to effect the extirpation of them.

    We have seen the chief resources, the whole force of the artists genius expended in the production of factitious delay, (clear, of course, as far as might be, of all visible reproach to the manufacturer) as on all occasions and in all stages of the cause, so in particular on the occasion of appeal.

    The whole secret, if it be one, is declared by this one simple though comprehensive expression - making it the interest of dishonest men to become and continue litigants, i.e. suitors, on which-ever side of the suit their position in relation to the matter in dispute calls them to.

    On the particular occasion here in question, making it the interest of the malâ fide suitor to become appellant. Such under the reign of jurisprudential law, and under the impulse, given by the fee-gathering system - such, and with but too much success, has been the study of the Judge.

    Corresponding to the cause of the disease, must on this, as on other occasions, be the nature of the remedy. Take away the interest, in pursuit of which the dishonest man becomes and continues malâ fide suitor - most commonly malâ fide defendant - the malâ fide defendant, malâ fide appellant.

    Such, by the arm of statute law - such, if really it be his wish to extirpate the disease, must and will be, the operation of the legislator.