9 July 1807

+ D

Scotch Reform

18

2 o

Letter V

II. Litig. promot

v. Particular Directions concerning the species of Stellio stiled fortunicola: composed of malâ fide defendants, solvent or insolvent, combating for ultimate success through delay, by means of title-destruction casualties.

1. In regard to such casualties as naturally and of themselves possess this property, such as deposition of evidence, do what you can to favour their taking effect: concerning which see above, p. │ │.

2. These not being of themselves sufficient, take any casualties whatever, the more numerous and diversified the better, and bestow upon them this force and virtue - for examples, see above p. │ │.

3. To make room for casualties of both sorts to take place, as well as for so many other good purposes, remember to have ready for the market, in addition to the minimum which you provide and establish gratis, as large an assortment of delays, and in pieces of the greatest length, as possible: besides those which the customers on both sides are forced to buy, whether they will or no.

VI. Particular Directions concerning solvent Defendants combating for gratification of enmity:

Whether in the Station of defendant or plaintiff, wrongdoer before or without litigation, defendant upon and in consequence of litigation, i.e. of a demand made in the quality of plaintiff claiming satisfaction for the wrong, plaintiff not having sustained any wrong, but claiming satisfaction on that pretence, on the pretence of having ascertained it, the more mischief you put it in the power of a man to do to another, the more extensive and prosperous this branch of your trade. This faculty, the jus urandi[?], you will take care to put in every man's power to purchase, and to the largest amount possible, in either capacity, and so leave it to his choice. The best choice he can take is certainly to become suited, viz. Plaintiff in the first instance, because in this case your profit is if any thing more certain than his, though both go hand in hand: whereas in the other case viz. when he committs the wrong in the first instance, and without coming to your shop for tools, if the party wronged is to such a degree helpless or timorous or well informed and prudent as not to take any legal steps to right himself the wrongdoer gains his ends without you and robs you of your due: but as to this you must take your chances.