these kingdoms, if it is not now absolutely necssary and proper, to enact a law for compel'ling every judge in the kingdom to call the parties themselves before him in the very first instance, in every cause which may be brought before him, and to inquire into the truth at the mouth of witnesses, or from such other legal evidence as may be laid before him, and to give judgment in every cause according to equity and a good conscience, as is prescribed in the smalldebt act. This would immediately abolish that iniquitous and undefinable system of common law, by which the judgments that are pronounced at this time in our courts of justice are pretended to be regulated. And as this learned society of men could not, in this case, find any employment in any of these courts of justice, the society itself would be immediately dissolved for want of employment. By the adoption of this simple and reasonable law, and by this simple and rational mode of procedure, it is pretty evident, that the judges would be enabled to determine twenty, nay, probably, a hundred questions in the same time which they take to determine one; their time, at present, being chiefly occupied in hearing the long pleadings, and in reading the long papers that

are given in by the lawyers employed in the cause. And there is little doubt, if this simple mode of procedure was adopted, there would not, in a very short time, be one half, or perhaps one fourth, part of the causes before any of these courts that there are at present. For those men who are now dispersed over the whole kingdom, and who at present subsist by contention and strife, having then no pecuniary object to serve by it, would not have the same inducement to disturb the peace of the society, by setting men at variance with one another, and would naturally desist from it.

It must not, however, be presumed from what has been said, that the author of these observations considers all the members of this learned society to be bad men.

It has been already observed, that that pre tended system of common law, and those iniquitous practices which now prevail in all our courts of justice, was introduced into them by the Pope of Rome, many centuries aga. The present members of this learned society, were introduced into it by their parents, at a very early period of life; and many of them, it is well known, contrary to their own inclination: their parents flattering themselves, no doubt,

that their son would not only be enabled by this profession, to procure a decent livelihood to himself, but also, like many other members of this society, whom they know, obtain a considerable portion of wealth.

The young man, in order to obtain a proper knowledge of the law, is made to drudge through many an irksome unintelligible volume that has been wrote upon it; and to wade through many volumes of the decisions of our supreme judges, in order to acquire a knowledge of the present law of the land. Seeing that these extravagant demands, which the master under whom he studies, makes upon his clients, are sanctioned by the judges in these supreme courts, he is led from habit to consider them to be perfectly lawful; and that he, when he comes to act for himself, has a lawful right to do the And when any of these learned gentlemen are so fortunate as to be advanced from the bar, to the bench, they are naturally led, from this false system of education, to believe, that they are bound to observe the same mode of procedure, which their predecessors had established in the court.

same.

The author of these observations, has known, and does at present know, many gentlemen be

longing to this society, of the most excellent characters, and irreproachable conduct. He knows many gentlemen who, although they live by the practice of the law, are more anxious to prevent law-suits, than to promote them: and he is very confident, that there are at this time, a great many gentlemen belonging to this society, who will be the very first to step forward, and give their helping hand, for the reformation of our courts of justice; whenever an opportunity of doing it shall occur. This, however, it must be acknowledged, is not the general character of this society of men.

That the expence of obtaining justice in this kingdom, is at this time a most intolerable burden upon the society; too great a part of the community have occasion to know too well from woful experience. Mr. Colquhoun, in his book entitled The Police of London, states it as a fact, that a debt of ten pounds cannot, at present, be recovered in England, by a regu lar process of law, at a less expence than fifty pounds. This is saying expressly, that when any man pursues another for a debt of ten pounds, he and his opponent must pay to the different members of this society of lawyers, five times the sum before he can obtain jus

tice. This, every person must admit, is a most intolerable oppression. But oppressive as this certainly is, the expence of obtaining justice before the supreme court of justice in Scotland, seems to be still more so. The author of these observations had occasion to know the particulars of a process before the Court of Session between a country banker in his neighbourhood, and a farmer who did business with him, about an alleged debt of twenty pounds, which was ended about three years ago. In the settlement of their annual accompt, the banker had charged the farmer with an article of twenty pounds which he said he had paid to him at the time stated in his accompt; and which the farmer as positively denied having ever received. Being both positive in their opposite assertions, angry words of course passed between them, and having both of them some money to spare, they were advised by their respective lawyers, to carry their dispute before the Court of Session. Before this court they went accordingly, to get this dispute settled. As the banker had taken no receipt for this payment, and could produce no other evidence of it but the in his own book, it was evident from the very beginning, that the court could not

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