29 Dec r 1806

Scotch Reform

To L d Grenville

Omissa

3. Pleadings

[...?] attentive[?] as well as collective[?] are [...?...?] attention when by Scotch forms.

In England, though alas! there is no such code, there is - though a most wretched /miserable/ and unworthy substitute there is a substitute for it:- there is that composed of /[...?...?] shall/ lies and nonsense and surplusage above mentioned - including the few pearls /pearly drops/ of good sense that are almost lost /smothered //drowned/ in it.

In the mass of adjective law thus composed, the existence of a correspondent mass of substantive law, or ground without which it would have nothing to stand upon - nothing to give effect to as assumed. But by assuming this /the existence/ correspondent mass of substantive law, it constitutes - in virtue /by means/ of the correspondence - and though in a most reasonably weak and ricketty form - it constitutes[?] /creates //generates/ it. By a sort of relative it to a certain degree determines it: in one being given, the other though in a miserably [...?] way, and not in terminus [...?] anything like it, is given also: it is given as in a trough[?], one side and two [...?] being given, though with a very different sort of [...?], the other [...?] are given also.