date

[...?] Dec r 1806 Scotch Reform To
[...?] Dec r 1806

Scotch Reform To L d Grenville

[...?] /[...?]/ [...?] [...?] business [...?]

[...?] [...?] to the enormity of the grievance?

with the [...?] Jury [...?] [...?] [...?] [...?] the [...?] the [...?] do any thing?

Letter 4 [...?]

Resolution 8

Jury [...?]

Resolution 8 th. "That wherever in the enforcer[?] Courts Proofs shall have been allowed, it shall be in the option[?] of either party to apply to the Court of Session, in order that the Issue may be tried by a Jury, if the Court shall so think fit: But if neither party apply for the trial by Jury, the cause may be decided by the enforcer Courts, according to the forms now in use, and afterwards in review by the Court of Session by Jury, or otherwise as the Court shall think fit."

Here then is here the same instrument of delay vexation and expence -the same instrument of oppression put into the hands of a /the/ malâ fide suitor, Plaintiff or defendant, in the remotest part of Scotland, as in Ednburgh: to be employed in a cause of the most trifling importance, as in the cause of the highest importance: with this difference that the application is not to be made to the local Court on the spot, but to the Court of Session only:

My Lord, why I would wish, by leave to know are the whole people of Scotland out of Edinburgh to be thus presented, and the mass severely punished the further removed from the multitude of conveniences of which as such it has the monopoly?
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  • Title: [[...?] 1806 Scotch Reform To L d Grenville]
    Description: [...?] 1806

    Scotch Reform To L d Grenville 13(11

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    In addition to Appeal, or in lieu of Appeal, the practice of the Court of Session, as attended to in this Resolution (resolution the 10 th) admitts of two other modes of Removal - Advocation and Suspension.

    As to Advocation, considered as a remedy against misdecision what can be the use of it?

    1. Is it no /Let it be/ the instance of the Plaintiff that the superordinate Court is aplied /urged/ to take the cause out of the hands of the subordinate Court? - But why? What possible reason /ground in part[?] of/ can there be for it? Decision none, misdecision is impossible. What were the grounds for committing the cognizance of the cause to the subordinate Court, the Court wtin reach /a moderate distance/ of the abodes of the parties? saving of delay, vexation and expence. For what reason should an [...?] of all the mass of inconvenience be produced at the requisition of either party /side of the parties/. Can it be /is[?] application[?]/ productive of any other effect. can it have had any other object, than the [...?] of all that mass of collateral inconvenience in a word than the opposition of the party on the other side.

    Oh, but, partiality was expected /suspected/ - was even experienced. In the present case The mischief by the supposition of it take place at all it will be in the shape of misdecision, of mere misdecision without delay: wait then for the decision, if it be erroneous there is time to apply for removal: if not erroneous, then there is no ground for it. But if not till after decision removal is not advocation but Appeal.
  • Title: [28 Dec r 1806 Scotch Reform To L d]
    Description: 28 Dec r 1806

    Scotch Reform To L d Grenville

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    Resolut. 14

    Be pleased, my Lord, to observe, that it is only in case of malâ fides in the part of the Judge, that the danger of injustice from this arrangement can with reason be claimed /set down as/ the amount to any thing. For suppose danger of misdecision only simple misdecision, from malâ fides, the Judge below may be tempted, supposing the power given him for taking [...?] measures of precaution as in case /the event/ of misdecision, so pronounced by the Court above, shall prevent the mischief from being irreparable.

    I find some difficulty in conceiving that Court of justice, be the Judge ever so mean and ignorant, on whose part such malâ fides can with consistency be presumed. At any rate, of no Court can it be presumed but of that of the very lowest and least trustworthy class, whatsoever that be.

    But in Scotland - in the Court of Session, my Lord? In England, in any one of the Great Courts in Westminster Hall is the supposition of that sort and degree of untrustworthiness for a single moment so much as endurable.