30 Dec r 1806

Scotch Reform

To L d Grenville

Omissa

3. Pleadings

3. Pleadings without truth, shape or limit.

So far as concerns the disregard to truth Scotch pleadings are pretty much /in the mass/ upon a par with English ones: on [...?] with pleadings all the world over, whoever Judges pay in the shape of fees, [...?] its consequences the technical system is established. In one thing they fall short of the English, viz: that they do not exhibit that hatred and contempt for truth /those wanton [...?] upon truth/, thus habit /delight/ in wallowing in mendacity /vice/ and nonsense which constitute a privilege so dear to the hearts /valuable in the eyes/ of English lawyers.

The lies in Scotch pleadings are not like those in the English the lies of the lawyer, and of him only and for his benefit alone [...?] the lies of the suitor; as to the ground at least, the lies of the suitor; the improviding[?] only being the lawyers handy-work: they are not lies of mere wantonness, but grave, sober, well-considered lies having a special object, disregard calculated to gain a point: they are not irrelevant but apposite lies.

The remedy would be very simple: withdrawing the existing mendacity purse[?]. In English Equity pleadings, the Defendant in his answer is already upon oath: the mendacity licence extends not beyond the plaintiff's side. On that side the removal of it (needs it be said?) would be just as easy as on the other, but the end would have been effected ages ago, were it not that the interest of the partnership would have been hurt by it. In Scotch pleadings /procedure/ in which English Equity is happily unknown, take the power away alike from both sides, this part of the abuse vanishes. In the English Common Law pleadings the [...?] part of the [...?] being composed of lies, this could not be done: unless by way of giving a zest to mendacity /learned gentlemen/, done to have it in the form of perjury, in this as in so many other instances.