16 April 1807

Lawyers Judged

Letter I

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compared with each other, the state[?] effects[?] matter /business/ in the three kingdoms is altogether curious, the difference in the effect given under the same tribunal to the demand made upon it by one and the same form of invocation Appeal for the exercise of its superintending /superordinate/ authority, is altogether curious.

The three cases I speak of are

1. Appeal from the Court of Session, the jurisdiction of which is happily a stranger to any such distinction as that between Law and Equity.

2. Appeal from the Court of Chancery [...?], in an Equity cause.

3. Appeal [...?] Court of Chancery in Scotland is an Equity cause. In Scotland the Appeal made[?] execution is suspended purely and simply untill the judgment of the Court above is pronounced.

in Ireland, execution is not /never/ suspended, but takes place as if no Appeal had been made.

In England execution takes place of course, unless application be made a distinct application bringing suspension be made and on special grounds.

To inveigh /vilify/ against /blame/ lawyers for being what they are and at the same time eulogize the system which makes /has made/ them what they are - to blame /inveigh against/ lawyers for being what the system makes /has made/ them is as idle as it would be to declaim against wolves for making their prey of /preying upon/ sheep.

But to trust /to put our faith in //be advised by/ lawyers when the question is what is to be done for the attainment of the ends of justice, is as weak /impudent/ as it would be to be guided by the wolf, if he understood architecture /were as[?] adept/ in settling the construction of the sheep-fold.