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 principle, that in
transplanting a tree, little attention need be paid to the character
of the climate and soil from which it is brought, although the
greatest care must be taken that those of the situation to which it is
transplanted are fitted to receive it. It would be no reason for
planting mulberry-trees in Scotland, that they luxuriate in the south
of England. There is sense in the old proverb, 'Ilk land has its ain
lauch.'
In the present case, it is impossible to believe the extension of
these restrictions to Scotland can be for the _evident utility_ of the
country, which has prospered so long and so uniformly under directly
the contrary system.
Public-domain text, read in full here on John Shaqi.
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