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Dec r 1806
Scotch Reform │ │ To L d Grenville
Facienda
II Inspector Gen l Appointment
II. As to the Mode of appointment - for the first time, by the Crown, especially if the choice should be to be made out of redundant population of the Lords /Court/ of Session, and the office should find any /on the part of any/ of their Lordships a disposition to accept of it.
- From thenceforward, by ballot in the Commons House of Parliament; with or without power of rejection, by the Upper House: no power of legislation /no share whatever in legislative power/ being attached to the office, nothing but a duty - and the function being of that inquisitorial cast which is understood to appertain in a more special[?] manner to the representatives of the people, a negative in the House of Peers seems scarcely accordant with the principal of the Constitution; and as no suggestion /proposition/ that may come to be suggested ny this Officer, can have any effect without the consent of that /the/ Upper House, such negative provision[?] seems moreover to be superfluous /a superfluity Consult the lower Judicature and other cases of Baliol/.
In the natural order /course/ of things, notwithstanding the secrecy attendant on this mode of voting, and without /even were/ /though/ the independence of Parliament were as entire as any theorist could wish, a candidate proposed by the Minister of the day would not in general be in any great danger of seeing the preference given to another /a majority on the side of any competitor/. (Yet in several accounts the mode of appointment seems to claim preference) but the disrepute[?] that would possibility of finding his choice superseded /set aside/ by the suffrage of the House, and the disrepute that would naturally attach upon any such failure would be a memento /warning/ to the Minister to make choice of the person, whose reputation promised him the most effectual security against any such disgrace.
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Title: [25 April 1805 Evidence Ends]Description: 25 April 1805 Evidence Ends Ch.1 ' 2 '.3 Preparatory Explanation Of suits that may be called bipartite there are two sorts One is where there is no plaintiff the function of plaintiff or prosecutor is /being/ performed by the Judge: or rather the enquiry being throughout carried on by the Judge of his own motion, and without waiting[?] to be applied to to carry it on at the instance of any person in the character of prosecutor or plaintiff. A suit of this kind is called a Judicial Enquiry. An Inquest - an Inquisition The species /system/ of procedure in so far as it is composed of such carried on in this mode is /has been/ called Inquisitorial procedure: and the defendANT WHERE THERE IS ONE IN MODERN[?] [...?] Inquisitors.(a) The mode of procedure is also called inquisitorial where a Judge /an officer/ or a set of Officers being armed with the requisite portion of judicial authority /power/ carry on of their own motion (i.e. without solicitation by any[?] person in[?] the character of a plaintiff) an enquiry in relation to any matter of fact, whether simple or to any degree of complexity, complex: the enquiry not having for its object the impressing upon any person any sort of obligation in the character of defendant.(a) 4(a) Examples 1. English Law. Proceedings of the Coroner /Coroners Inquest/, with his Jury, sitting on a dead body, to enquire into the cause of the death 2. Proceedings of a Committee of Enquiry appointed by either House of Parliament 3. Proceedings of Commissions of Enquiry, appointed ad hoc /on special occasions/ by [...?] of Parliament 3(a) Examples. Romans[?] - Gallic Law - Cases in which the Judge proceeds a [...?] [...?] office 2. In Romano-Germanic Law, the whole system of procedure called Inquisitorial, which seems in the penal branch to have not much less employment than its concurrent /the other/, termed the accusatorial. 3. In Romano-Anglican Law.
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Title: [26 Dec r 1806 Scotch Reform To L d]Description: 26 Dec r 1806 Scotch Reform To L d Grenville [...?]? 5 Resolut. 13 Interloct: Unapplicable What is the jurisdiction if the House of Lords good for, what is any system of control in the judicial establishment in the upper regions good for, if it be not good against prohibitions in the lower? What are even Juries good for, on any other supposition than that of a perpetual probability of partialities among /on the part of/ Judges. Without any partiality, or at least without any partiality that can be traced, English Judges, the Judges of all the superior Courts have established themselves in the daily practice /habit/ of acting in point blank contradiction /[...?]/ to the plain and positive directions of Acts of Parliament /peculiarly declared and [...?] apprehendible will of the legislature/. the whole judicial process[?], acting under the same roof in strict and /as well as/ habitual opposition to the legislature. On the part of the Judges of the Court of Session, partialities have all along been not only in theory /+as I have already had occasion to observe/ probable, but in fact matters of notoriety and general complaint. Examples /Instances/ in which they have been in the habit of acting in contrariety to their own [...?] regulations, are abundant: examples /instances //cases/ of their acting in equal contrariety to Acts of Parliament are not without examples. /+/ Under the influence of those partialities is it natural that any difficulties should be found, of eluding /in the/ the controuling[?] power of the branch of the legislature when under favour of the distraction here proposed to be set up it will be in their power to do so upon such easy terms?
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Title: [1 Jan y 1806 To L d Grenville]Description: 1 Jan y 1806 To L d Grenville Facienda Outline Application of letter post[?] to judicial [...?] obtainable: whereas in the epistolary mode the extraction of the evidence of a man in that situation, whether in the character of party or in that of extraneous witness might be performed wheresoever and in whatsoever condition the letter of interrogation may find him, by means of the letter part or through any other channel. Action for example in a Sheriff's Court in Scotland: defendant witness or even Plaintiff, a prisoner at Verdun. Addressed to himself a letter of interrogation authenticated ny the Court would probably reach him: sent under cover addressed to any other person there who in the case in question could be depended upon suppose a fellow prisoner, the letter not only be received /not only might the letter be received/, but evidence sufficient to prove the receipt might thus be obtained.
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