date

2[?] May 1807 8 Feb y 1808 on L d
2[?] May 1807 8 Feb y 1808

on L d Eldons Bill

II. Appeals

Mischief of the delay trade

V. Mischief of this traffic, of the Delay-trade

Such, my Lord, being the nature, and such the profit - that is my point - part and parcel thereof at least, consecrated in the persons of learned and reverend Judges, noble or not noble, to the reward of merit - to be reaped, and reaped accordingly by these persons[?] hands, from their connection with the dear offspring of their loins, their best customer and highly-valued and respected pupil profit the malâ fide suitor - alias the self-conscious wrongdoer, who, in accomplishment of the precept of the sage, is not less perfectly known to himself than he is to these his reverend and indefatigable creators and preservers.

Such being the nature of the gain in one hand, let us turn to the other side of the account, if Your Lordship pleases, and take a correspondent view of the price at which such merit is crowned by such reward: viz. the nature of the loss which presses upon the injured party, (in general the plaintiff) whose property is diposed of to such pious uses:- of the burthen, and of the circumstances attendant on the manner in which it is thrown upon his shoulders.
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  • Title: [7 Feb y 1808 on L d Eldons Bill]
    Description: 7 Feb y 1808

    on L d Eldons Bill

    Appeal

    Appeal List defective

    In the annext Tables I have submitted to Your Lordship divers particulars relative to the branch here in question of the factitious-delay trade: and amongst them the neat profit made by two of the managing partners: and thus far from the most authentic source.

    In the course of these pages I have also stated the nature of the profit made by the outdoor partner, the malâ fide suitor and in particular the defendant, with money of the plaintiff's in his hands: the nature of the profit, and the circumstances in which the ballance between profit and loss, and thence the prudentiality of a man's betaking himself to the officia justitae, and becoming a customer for the article depends.

    In addition to the above particulars, it may be matter of curiosity at least, (but whether of use or no will depend upon Your Lordship and other Members, Right Reverend, Noble and Honourable, learned and non-learned of the Houses of Parliament) to see a calculation howsoever rough and imperfect, of the average annual amount of the neat profit reaped by the Indoor branch of the partnership in its several submissions official and professional taken together, from this same twig of that flourishing and ever encreasing branch of trade.

    Then as before, I have to regret that deficiency of appropriate power, for which no strength of will, no labour, how hard soever can compensate.

    The information the authentic information furnished by the Finance Committee not furnishing any other materials than what have been employed in the Tables, I find myself in the present occasion reduced to the stock furnished by M r. Palmer[?] in the collection he has published of Bills of Costs.
  • 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: [[094-292v] 3 July 1807 Letter]
    Description: [094-292v]

    3 July 1807

    Letter V

    4. Litigation 2 d

    Difficulties under which Judge and C o labour - more[?] as above: the operation of one [...?] attention[?] that of another - [...?], Apology for Judge and C o: shewing that the plan [...?] for ever to be more the encouragement of [...?] in litigation than they have done.

    Should any one accuse you of negligence having done too much for your out[?] door [...?], and too little for yourselves, plead not guilty to the charge. On every occasion (say) you have not in[?] reaped as much profit as could be reaped, and with as much ease to themselves /yourselves //ourselves/ as was consistent with the reaping[?] it[?] with at least as much human misery produced, and as much /safe/ wickedness committed and produced, as was necessary to the reaping it? If we have we derived[?] themselves /ourselves/ the profit /benefit/ of bribing, because [...?] bribing was /[...?]/ impossible. /has not bribing [...?] impossible?/ Without danger of punishment or so much as disrepute, crowned with honour /honours/ and /as well/ with armed power /that in the [...?] among them the creators and preservers of the system have/ have we not enjoyed greater profit than the most corrupt Judge ever reaped elsewhere /having where else/ at the part of infamy and [...?] /the most corrupt Judge/ ever reaped any where else?

    /When a man who has been ruined by lying in just for [...?] debts [...?...?], is he[?] not pennyless, do not we [...?] fees[?] one of his last rage[?]? Men's flesh is not eatable: what could we do more?/

    But why all these directions, Sir[?]? [...?] my Lord? It is all history. [...?] was [...?]. Little room to spare: directions took up had: thence came the charge: though not exactly in the form in which it had been delivered by M r. Reeves[?] /by professed historians/. Of the history indeed[?] Your Lordship sees but the skeleton: but a little which, and the flat that[?] has been disposed of may be put in again.

    Though as yet but history,/ unless there be too much of truth/ how rich the matter /ground/ for a [...?...?] /it would make for party[?]!/, no[?] for [...?] party, in such hands, if such be any where to be formed, as those of the author of the [...?...?]: for an [...?...?] in the modern state, in which with what advantage might not be[?] impossible and uncomputable[?] /[...?] though still interesting[?] distress of habit[?] Williams give place to real ones!