17 Jan y 1807

Two degrees of jurisdiction being thus found sufficient in England, how is it that three can be necessary in Scotland? For this reason my Lord. /My Lord the reason has been already indicated./ We in England have been unfortunate enough to lose our local jurisdiction - our County Courts: the Metropolitan Courts have swallowed them up /succeeded in swallowing them up //devouring them// compleatly leaving nothing but an empty husk/. Brethren in Scotland have been fortunate enough to preserve theirs, their[?] Metropolitan Courts, though they have so long been gnawing[?] and nibbling at them, have not so far succeeded as to [...?] them altogether. To give reality to the pretence of bringing /false and barbarous pretence of having brought/ home justice to our own doors, would require the restitution of our County Courts (with a logical jurisdiction as extension as that of all the existing Metropolitan Courts all put together). In our ladder of jurisdiction having lost its first and lowest round, it has but two instead of the three it ought to have: Scotland having preserved, though in a weak and imperfect state the round[?] which England has lost thence[?] it is and thence[?] only that to Scotland one more round is necessary than England is possessed of.

On the other hand /But/ /Meantime/ our jurisdiction of these degrees /stages/without the County Courts and with a King's Bench concerned in between the Common Pleas and the House of Lords or an Exchequer Chamber between the King's Bench and the House of Lords, where shall we find the model of it? In a ladder of /on/ three rounds, but the lowest round broke to pieces /rotten/ and between the two highest a third stuck /thrust/ in, but in so awkward a manner, that in straining and striving to square in his foot upon it the odds[?] is that besides gulling[?] his foot a man tumbles to the ground.
Similar Items
  • Title: [17 Jan y 1807 B + I Resolutions]
    Description: 17 Jan y 1807

    B +

    I Resolutions

    II Omissa

    III Facienda

    Outer House Appeals &c

    On the question of law - degrees or stages of jurisdiction - those of appeal included - what is the number best adapted to the ends of justice? On the ground of principle, I may perhaps have to trouble Your Lordship on this subject in another place /in a subsequent address/. At present, for shortness, let us turn to experience. Trying the question by this standard, the answer will be - for /in/ England two degrees only of jurisdiction, one only of Appeal: in Scotland three degrees of jurisdiction, two of Appeal: (always understood that under its present constitution the Court of Session though one in name, in effect includes tow degrees of jurisdiction, whereof one or other is to a great deal worse than useless.)

    In England, under the present compleat deficiency or provincial primary Courts two degrees of jurisdiction are found quite sufficient. At Common Law, primary Court the King's Bench, Court of Appeal (by Writ of Error) the House of Lords. In Equity, primary Court, the Court of Lord Chancellor, or the Equity side of the Court of Exchequer: Court of Appeal, again the House of Lords. These are found sufficient: for /from/ the want of any intermediate Court between the Kings Bench and the House of Lords or between the Court of the Lord Chancellor and the House of Lords, no inconvenience was ever so much as imagined.
  • Title: [12 May 1807 Scotch Reform Letter]
    Description: 12 May 1807

    Scotch Reform

    Letter VI

    Letter VI

    IV. Sheriffs Courts

    One more instance /more/, in which the [...?] Reason finds in the [...?] of Authority an Atlas for her support.

    In England, in the Saxon times, and for some ages after /later/, in the Sheriffs the County Court, not to speak of subordinate /other Courts of still narrower /less extended/ local jurisdiction, every man sees justice, judicature at least all the year round within the reach of his own home. In Scotland so it was and to a certain degree is still: so it was, and (Ireland excepted in which the vices of English judicature have been copied with a degree of fidelity that might be expected) so it not only was but it is every where else.

    In England for several centuries /ages past/ , the metropolitan Courts have by the devices already noted [...?] out the jurisdiction of these provincial Courts /judicatures/.

    To make up for the loss, it was settled on them /among the Metropolitan Judges/ "2 d time in the ││ country, that some of them should go the rounds of the kingdom once in every 7 years, as if the justice whatever it was, that [...?] had done without for 6 years, they could not have continued to do without the [...?]. As the country increased in wealth /in population and wealth/ the matter of fees accumulated to such a degree /became at last so copious/ /[...?] [...?] large enough to be worth stooping for/that two days or thereabouts in a year in very county were found not too many for the collection of it. The first Circuit which gave to each County [...?] justice for a whole day in /every/ 7 years for a whole day or more, threw the historiographer (Glenville[?]) into an extacy at the thought /idea of such /so splendid/ a union of wisdom and beneficence /benevolence/: the idea of Councils which give /extend the chance of justice to/ two days out of the 365, kept Blackstone, and his whole school in a state of continued /uninterrupted/ extacy, ever since.

    The 363 days during which justice is denied, on this occasion are struck out of their calendar. The 2 days during which justice is sold are red-letter days: and thus it is that in their calendar all the days are red-letter days.
  • Title: [1 May 1807 B2 8 (2) (8)]
    Description: 1 May 1807

    B2 8

    (2) (8)

    Letter V

    VIII. Appeal list mutilated

    English Review Chambers

    II. Finance Supply

    Thus much, my Lord, as to the masses of Appeals flowing from Scotland and England respectively into the House of Lords.

    I come now to the masses of Appeal flowing out of the supreme local Courts of judicature in the two kingdoms respectively into receptacles other than the House of Lords: receptacles intermediate between these supreme local Courts and that ultimate seat of judicature. Here of such intermediate Courts of Appeal the numbers are - for Scotland, 0: for England as above 3: the King's Bench in its appellate capacity, with its 8 Judges to hear under the name of Writs of Error, appeals from the Common Pleas: the Exchequer Chamber with its 8 Judges to hear under the like name appeals from the King's Bench: a Court differently composed, under the same name of the Exchequer Chamber, also with 8 Judges, 4 of them the same, 4 of them different from those of the other Court of the same name, to hear under the same name, appeals from the Court of Exchequer.

    So much as to the manufactories of delay; now as to the produce: viz. the comparative amount of it.

    Taking the four Courts in Westminster Hall as standing all of them in their respective capacities of Courts of original jurisdiction on the same level, and with the Court of Session in Edinburgh, let us observe the number of appeals of all sorts sent out of the several respective Courts: a distinction being made, but not any exception, grounded on the nature of the Courts into which they were sent, viz. the ultimate receptacle the House of Lords, and the respective intermediate receptacles.