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.