20 Jan y 1808

Scotch Reform

Letter V

Ch.5. Malâ fide

Appeals - how prevented

Object of the Courts of regular procedure, notwithstanding with all their artificial honor, and all their [...?], to enable man to profit by his won wrong. And why is this their object? - Because while enabling the wrongdoer to reap a profit from his own wrong, they glean for themselves a share of it.

Of these Courts of Natural procedure the authority is every [...?] of it no more than has been given to them by the legislators, given to them time after time, and upon experience of the good fruits by the King in Parliament,

Of the Courts of Technical procedure the authority is in great part of it so much made or rather snatched /purloined by fraud or lawless force/ in the way of fraud or robbery /rapine[?]/ or both, in dispute of the legislation; stolen from the supreme authority and from one another[?], during the infancy or the [...?] of Parliament:

If in calling upon Parliament to travel[?] on with perseverance and consistency in the [...?] [...?] not by its own beneficence under the /and its own/ guidance of its own wisdom - though it be to the extirpation not ended[?] of the Courts of /Judicature[?]/ of technical procedure but of the system of iniquity which they created, which they [...?] and in which they falter - if to effect[?] this /hold their language/ be to [...?] the part of a bad subject, of a leveller, of an enemy to social order - then am I a bad subject - a leveller - and an enemy to social order.

Of the suits /causes[?]/ heard and [...?] under the system of Natural /technical/ Procedure, by the Courts of Natural /technical/ Procedure, great, deplorably great, as is the absolute number, still the relative number, relation being had to the number of suits heard and determined under the system of natural procedure, by the Courts of Natural Procedure, is but small. According to natural justice, on pursuit of and in exact conformity to the ends of justice, the causes heard in this kingdom - in all three kingdoms, heard and determined