PRIVATE

13[?] July 1807

+ D

Scotch Reform 17

2 o

Letter V

III. Litigat. Prevented

VI. iracundus

VI. Particular Directions concerning Solvent Defendants combating for gratification of enmity.

This species of malâ fide Defendant is more manifestly than most others indebted for its existence to the technical system, and thence to the improbity of its creators and preservers.

According to the foregoing directions you are supposed to have laid down for a general rule that no man shall ever profit by his own wrong, and to have subjoined to it such particular rules and instructions as may be necessary in the several cases for giving effect to it. If by the adversary or by the Judge the defendant be suspected of malâ fides, this general rule being declared to him by the Judge in the judicial meeting of the parties at the outset of the cause, with such particular modifications as apply to the case, this done, and (under the same obligation to speak as attaches upon an extraneous witness) the defendant making answer on the spot to all proper questions put to him, there seems little danger of the warnings proving ineffectual.

Where the passion of enmity has swollen to a certain pitch the solvency and consequent forthcomingness of the defendant in respect of property as well as person for the purpose of satisfaction and eventual punishment, will not always ot itself afford a sufficient surety for his forbearing to work irreparable mischief for the gratification of that passion, though to his own ultimate affliction. In this case the same prompt remedies that were necessary in the case of the insolvent defendant may be equally necessary in the case of this spcies of solvent defendant.