26 April 1807

Letter V

VI. Bail-baiting

If, in addition to the corruption of morals, added to the factitious delay, vexation and expence, there be any cases (as doubtless there are many) in which the acceptance of sham bail after the sham examination with the perjury that results from it, is productive of no harm - in all those cases, the examination of the principal defendant vivâ voce, upon oath by and before the Judge, in the presence of the plaintiff with liberty given to him to cross examine - would not only supersede the necessity and use of Bail, but would at the same time secure the property of the defendant from dissipation, and settle the business in the best manner possible without further trouble.

In Scotland as in England, would any such arrangement be endurable to learned minds? No real evidence[?] first before rather than that justice, substantial, effectual, efficient[?], undilatory, unvexatious, unexpensive justice, should thus be done. Not the Act of Union only, but Magna Charta, the Bill of Rights - the Constitution, whatsoever it contains most sacred, would thus be violated. Jacobinism Popery and Atheism, Presbytery in England, Episcopacy in Scotland would thus be seated on the throne. The seat of Jurisprudence would be usurped by Conscience: the edifice begun and continued by Acts of Parliament would be compleated.

the belly of the hen whose eggs are fees would be ripped up beyond cure.

Falshood would give place to truth