16 May 1808

I. Reasons

Ch.V

§.│ │ Fiction ousted.

These things are what are known to every body: these things are what every body makes out to use: for when abuse is the object blindness in the eyes of the great vulgar[?] is at once probity and wisdom.

In the metropolis of Scotland, there never was more than one superior judicatory: and that judicatory, being but one, saw no other which it could fight, or have any need of fighting with.

In the metropolis of England there were four: and these, till within this last century and a half, were in a state of constant warfare.

When Greeks and Trojans fought, it was for Helen. When English Judges fought, what they fought for, was what Gregson[?] and Gully fought for - money.

What they fought with - the grand instrument of warfare on both sides - was fiction. Foul as the weapon was, the foulness opposed neither bar nor difficulty to the use of it. Universal practice had produced universal facility. Universal guilt secured universal connivance. By destroying, had it been possible, this instrument of the adversary's trade - an instrument so necessary to all such trade, by thus destroying the adversary's trade each trader would have destroyed his own.

To the Scottish judicatory

For imposing taxation and through taxation prohibition upon justice for dues to the more opulent the property of the indigent, no fiction was necessary. No fiction, nor among rival authorities any connivance: for rival authorities were none. As to connivance it was sufficient that it should be found in the eye of the legislator: and there, for want of personal interest to [...?] it, thus accordingly it was found.

+ So much was rendered necessary to be paid upon every representation: and for adding representation to representation without end the act of doing nothing being abundantly sufficient the act of lying was superfluous.