4 Jan y 1807

Scotch Reform │ │ To L d Grenville

III Facienda

Causes mostly short

Against misdecision on the question of law the fundamental and /the/ indispensable security - the security without which all others are but imposture and illusion, is /consists/ in enactment - in homologation - to use the appropriate noun given to it in the language of other countries (Repetition i.e. p i. homologation not of the regulations and instruments of procedure only - but of that other and more principal branch of the law the substantive branch, to which it is the business of the law of procedure to give execution and effect.) But to do this /this operation/ is an operation which /that/ no more lies in the power than it agrees /quadrates/ with the interest or consequently with the inclination, of these to /from/ whom /whose/ the formalities /obscure and incoherent labours/ of the technical system of procedure are indebted /received/ for their existence. These formalities have throughout been in the main substance at least and ground work of their texture, been the work of the Judge: and if here and there the hand /work/ of the legislator be discernable, it is only in the form of patch-work, laid on here and there to cover and vamp up the flaws and unsound places /spots/ so carelessly left in it or rather so carefully made in it by the sinister industry of the essentially treacherous because fee-paid, Judge.