FREE BOOKS

Author's List




PREV.   NEXT  
|<   170   171   172   173   174   175   176   177   178   179   180   181   182   183   184   >>  
deep cancer which is gnawing her own bowels, and make an attempt to stop the fatal progress of her _poor-rates_. Some system or other must be proposed in its place--a grinding one it must be, for it is not an evil to be cured by palliatives. Suppose the English, for uniformity's sake, insist that Scotland, which is at present free from this foul and shameful disorder, should nevertheless be included in the severe _treatment_ which the disease demands, how would the landholders of Scotland like to undergo the scalpel and cautery, merely because England requires to be scarified? Or again;--Supposing England should take a fancy to impart to us her sanguinary criminal code, which, too cruel to be carried into effect, gives every wretch that is condemned a chance of one to twelve that he shall not be executed, and so turns the law into a lottery--would this be an agreeable boon to North Britain? Once more;--What if the English ministers should feel disposed to extend to us their equitable system of process respecting civil debt, which divides the advantages so admirably betwixt debtor and creditor--_That_ equal dispensation of justice, which provides that an imprisoned debtor, if a rogue, may remain in undisturbed possession of a great landed estate, and enjoy in a jail all the luxuries of Sardanapalus, while the wretch to whom he owes money is starving; and that, to balance the matter, a creditor, if cruel, may detain a debtor in prison for a lifetime, and make, as the established phrase goes, _dice of his bones_--would this admirable reciprocity of privilege, indulged alternately to knave and tyrant, please Saunders better than his own humane action of Cessio, and his equitable process of Adjudication? I will not insist further on such topics, for I daresay that these apparent enormities in principle are, in England where they have operation, modified and corrected in practice by circumstances unknown to me; so that, in passing judgment on them, I may myself fall into the error I deprecate, of judging of foreign laws without being aware of all the premisses. Neither do I mean that we should struggle with illiberality against any improvements which can be borrowed from English principle. I would only desire that such ameliorations were adopted, not merely because they are English, but because they are suited to be assimilated with the laws of Scotland, and lead, in short, _to her evident utility_; and this on the pri
PREV.   NEXT  
|<   170   171   172   173   174   175   176   177   178   179   180   181   182   183   184   >>  



Top keywords:

English

 

Scotland

 

debtor

 

England

 

equitable

 

process

 

insist

 

wretch

 
system
 
principle

creditor

 

Adjudication

 
Cessio
 

Saunders

 

humane

 

action

 

balance

 
starving
 

matter

 
detain

prison

 
luxuries
 

Sardanapalus

 

lifetime

 

privilege

 

reciprocity

 

indulged

 

alternately

 

admirable

 

established


phrase
 

topics

 
tyrant
 

unknown

 

improvements

 

borrowed

 

illiberality

 

struggle

 

Neither

 

desire


evident

 

utility

 

assimilated

 

suited

 

ameliorations

 

adopted

 
premisses
 

corrected

 

modified

 

practice