date

24 Dec r 1806 Scotch Reform
24 Dec r 1806

Scotch Reform

To L d Grenville

Omissa

Letter IV

After so much as has been said of the proposed manufactury /workshop/ of delay, it may serve almost superfluous to say any thing of the machinery proposed to be employed in it. a Printing-press is mentioned as a part of it. Thus we have /Here is/ an improvement upon the exchequer Chamber, an improvement in the Scotch taste. In the Exchequer Chamber we have /sit/ 8 Judges: in the Chamber of Review the maximum can be but 10: can it be in the power of 2 to make so great a difference? - But perhaps the printing is for the benefit of trade. The benefit of /to/ trade is at least as clear as the use to Justice. To trade the benefit will be at least as clear as to Justice.

But if the operation of the press be indeed a clear[?] directive[?] of them so necessary to Justice, surely Your Lordship will not suffer over Reverend and learned Judges of the Exchequer Chamber to labour any longer under a /the/ prevation[?] of it. For the amusement of reading they may then add that of [...?] - I mean Scotch boxing (Your Lordship does not know perhaps what lawyers' Scotch boxing is) now that dancing is become as much out of fashion among Judges as among dogs.
Similar Items
  • Title: [[168-183v] 23 December 1806]
    Description: [168-183v]

    23 December 1806

    Letter V

    Review [...?]

    A circumstance that enables me to speak the terms distinctly on this subject, is that, on this side of the Tweed, we are already in possession of a Chamber of Review /this same strong-hold/, and have been so for ages /been out of mind/. It is called the Exchequer Chamber my Lord. A Bird's eye view /(and the bird a cage[?]) was found that bird an eagle/ has been given of it (Your Lordship may perhaps remember,) in the 27th Report of the Committee on Review[?]

    A circumstance that makes me to speak on this same subject /the subject of this/ states the more distinctly, is - that a particular examplification of the case of it happens to be just now under my eye

    Seen in round numbers /in question, dispute shown is more/ ,1,000.

    Time of the next continuance in the Exchequer Chamber, also in round numbers, but much beneath the mark One year

    Costs of keeping it there, including Plaintiff's costs when paid, also, in round numbers, also beneath the mark ,20

    Net[?] profit to the Defendant at 5 per Cent, had he not been in trade ,30

    But he has the advantage of being in trade under which circumstance, Mr. Ren[?] /the Right Honourable Calculation when mentioned[?]/[...?] and/ would have to [...?] [...?] of undertaking his skill in financial calculations, if I set down the rate of profit at less than 14 per cent gross profit at less than ,120, net profit deducting [...?], at [...?] ,120

    The Attorney for the Plaintiff, then taking the [...?] for the cause that Court being to his knowledge, a [...?] such practice, Defendent having suffered judgement to go by default, lifted up his hands and eyes at the thoughts /in [...?]/ that so much impropriety should exist in the brain[?] of an Attorney. His surprize had there been any ground for it, (would /might/ have directed, with somewhat less impropriety to a much higher quarter /mark/, A man [...?] than is the contrary practice above that on any part would have excited any such motive as that of surprize[?].

    /For further particulars should they be needed, Your Lordship may be pleased to inquire of L.[?] Ellenborough. That noble and learned Judge can inform Your Lordship to a penny how much more than if Lord Thurlow[?] [...?] the Chief Justice of the Kings Bench makes by this part of his profit upon malâ fide causes.
  • Title: [PRIVATE [...?] Dec r 1806]
    Description: PRIVATE

    [...?] Dec r 1806

    Scotch Reform To L d Grenville

    (8)[?] (1)

    Resolut.

    Interlocution [...?]

    VI [...?] [...?]

    A circumstance that may perhaps be not altogether void of instruction, is - that of the bar so inexorably opposed to Appeals against Interlocutory Judgments considered as addressed to the House of Lords, is not in any the smallest part of its extent opposed to Appeals against Judgments of the same description when considered as addressed to the projected Chamber of Review. To the Chamber of Review Appeals against Interlocutory Judgments may pour in without stint[?]: from that seat of novel justice to the House of Lords not a single one must transpire.

    Here then comes a dilemma for the solution of which I must beg leave to refer Your Lordship to the learned Author of this plan of reformation:- if appeals against interlocutory judgments are not necessary to justice, how can they be allowed to the Chamber of Review:- if necessary, how come they to be prohibited to be made to the House of Lords?
  • Title: [26 Dec r 1806 Scotch Reform To L d]
    Description: 26 Dec r 1806

    Scotch Reform To L d Grenville + (1

    Resolut. 14

    Costs

     Remark[?] paragraph 3. adjust to para 31

    Resolution 14. That such costs be allowed by this House in cases of Appeal as may more effectively and to the discouragment of frivolous and vexatious Appeals.

    More false views, my Lord, natural consequences /results/ of the technical /fee-gathering/ system - more in[...?] and inefficient, or rather [...?] efficient expedients in consequence.

    Vexatious Appeals, in effect yes: in as far as all unjust /being unjust, thus/ some are vexatious: in design, no: nor yet frivolous: it is not in any such shape that the great birth of the mischief likely to flow from Appeals is likely to cloath itself. [...?] Appeals, unjust Appeals produced by the influence /agency/ of sinister interest these are the Appeals from which the great birth of the mischief running in this channel takes its rise. Judges, under the impulse of the similar interest given to them by the fee-gathering system, have held out encouragment to malâ fide defendants /suitors/, to become Appellants, giving them, in the manner I hear submitted /[...?] submitting/ to your Lordship, a clear interest in, a neat profit on condition of, so doing: defendants, yielding to the temptation, embrace /accept/ the mistake[?], and the consequences are - in England Writs of Error for more delay, [...?] the Exchequer Chamber, and so on to the House of Lords: in Scotland, applications for Bills of [...?] and Suspension, [...?] Petitions with removals in other forms, from the Outer to the Inner House, (not to speak of occasional vibrations,) and so on Appeals from the Inner House to the House of Lords. Give us ,20 to divide among us, and more says the Custor [...?] and his reverend Colleagues - not in words, indeed but in acts and deeds which form a source so steeped[?] in fiction are [...?] more to be depended upon /somewhat more turstworthy and impressive/ - give us our ,20, we give you from a year to 12 year's interest of the Plaintiff's money - and the difference is all your own.