20 Jan y 1808

Scotch Reform

Letter V

Ch.5. Malâ fide

Appeal how prevented

A good portion of delay with its profit extending over the stage of appeal will have[?] formed [?] a good deal of expence in the [...?] judicators. Appeal to the Lords in [...?] there. [...?] [...?] at [...?] [...?] whereby of a [...?] [...?]. [...?].

This is not only the stage of Appeal: whether intermediate or ultimate, but at the very first stage - the stage of immediate judicature, and at /through/ every stage of each such stage - of those whose real duty[?] and supposed occupation has been to shut the door against wrong /extirpate wrong/ their real study and occupation has been, by every safe and practicable means in their power to give menace to wrong and the fruits of wrong, [...?] the share of the master husbandman being secured to himself by himself in the first instance.

Thence (to mention it by way of corollary) then all those demonstrations of zeal and industry displaying themselves at every stage of the cause, demonstrations supported and animated at every stage by the assurance of their inefficacy: [...?], [...?], [...?] all exacted or rendered exigible under the notion of /in pretence/ of [...?] malâ fide litigation - all affording protection and encouragement to it by the care taken that the [...?] of the pretended encouragement[?] shall be in most cases comparatively /relatively/ minute, in all cases fixed or [...?], which the profit [...?] if being reaped from the delay thus granted is altogether without [...?]: all this [...?] [...?], but none of them for nought - all sitting sometimes at a higher sometimes at a lower, generally at an unscrutable[?] fence[?], the protection and encouragment thus afforded. Many for example [...?] into Court: and 5 per cent of it [...?] immediately by a Clash, to begin with.+

+Baird[?]