[094-161v]

3 July 1807

Scotch Reform

Letter V

Letter V

Litigant permitted[?]

Policy of Judge and C o in regard to wrongs /civil wrongs/ and litigation: increasing /promoting/ litigation for the sake of the profit: increasing /promoting/ wrongs for the purpose of increasing litigation: wrongs in general: but more especially the wwrongs called civil, as being bad[?] dangerous and most productive: the wrongs created into criminal wrongs, having mostly for their actors the indigent, out of whom little profit is to be made.

The Devices[?] mentioned in Letter 1 were therein[?] /no otherwise[?]/ considered then as employed in /having for their object the/ making the most of litigation when it takes place: but the same devices[?] have many of them been applied to the causes of litigation; be[?] not either immediately, or through exercise of wrongs

Litigation its three modes or branches 1. bonâ fide litigation: (it being such on both sides); 2. litigation malâ fide in the plaintiffs side; of litigation malâ fide on the defendants side.

I.Of Malâ fide Plaintiffs the same attentive observers could have discriminated three species:

1. Malâ fide Plaintiff, combating for faculty of extortion, through indigence, (relative and comparative) on the other side.

2. Malâ fide Plaintiff combating for the faculty of simple[?] oppressions through indigence on the other side; i.e. for gratification of enmity /the irrascible appetite/.

3. Malâ fide Plaintiff combating for the faculty of oppression /for profit by oppression/, for[?] gratification of the concupiscible appetite, i.e. for consequential advantage to be derived from the mine[?] of oppression of the other side.

4. When the malâ fide is on the plaintiffs side litigation is itself the instrument - the side instrument - of the wrong /wrong/: when the malâ fide is on the defendants side, the wrong comes first the litigation afterwards and in consequence: wrong, the seed; litigation the harvest: wrong, the flower; litigation, the fruit.