093-232.xml

Title: [28 June 1806 Evidence │ │ Scotch Reform]

Description: 28 June 1806

Evidence │ │ Scotch Reform

Facienda

Summary Court

A horse with a man or other burthen on his back to pull up a hill: take off the burthen, he is dragged down,

Locke's dinner[?] with his old trunk

I am aware that three Lordships, out of three to whose lot it should fall to sit /take up their quarters/ in this Summary Court, might find their business perhaps, in some respects his rather hard upon them.

Accustomed for so many years to travel on in the beaten /regular/ track in pursuit of the ends of judicature, they might find themselves a little at a loss if set down on a new and bye-road however short and level, with a direction to pursue /under an expectation of their pursuing/ the ends of judicature. Accustomed never to act but under a load of technical rules and formularies, they might find themselves in a condition resembling that of a horse who having a load behind him to drag up a steep hill, moves on, if not at a very quick at any rate at a regular rate so long as he has a rider or a pack of equal weight upon his back, but, should the rider dismount, or the pack be taken off, would find himself unable to get forwards /no longer able to set one foot before the other/.

But whatsoever embarrassments may /might/ attend the change, I see no difficulties /obstacles/ that ought to be regarded as insuperable.

In the English Court of Chancery, in which the number of Judges is reduced to one and justice not the worse for it, it is still the right, though of late years it has seldom if ever /and formerly though not in every/ been the practice │ │ recent times the frequent practice for the Judge of that most high Court on particular occasions to call in a Judge or two from the /neighbouring/ Courts in the neighbourhood to his assistance in the Court of Session in Scotland being the Judges of all work and seeing no equals, see no place to which at present they can send for occasional helpmates and assisters /and doing business in a mode of which no one has any sort of experience but themselves/.

Proceeding /Guided/ by this precedent, and by the light of the instruction it affords /In like and[?]/ it might be matter of accommodation at least if not of necessity to the supposed newly-seated Judges if this supposed newly erected Summary Court, for some little /[...?]/ at least in the outset of their career, and which the business, how simple[?] soever in [...?] to be now to them , to call in, even it only because a business would be so simple, to call in assistance and advice from some of the many though still too few Summary Court, already in existence.

093-236.xml

Title: [28 July 1806 Scotch Reform]

Description: 28 July 1806

Scotch Reform

Facienda

3. Of the great Courts to be built out of the materials of the existing Court of Session, one to be a Court of Natural Procedure: judging as fully explained in the Appendix on Courts, in the manner of the Scotch Small Debts Courts, the English Courts of Conscience; in criminali[?] in the manner of a Justice of Peace acting out of General Sessions.

Yet a Court of Natural Procedure permitt in, my Lords to call only that characteristic name.

Already does Scotland throughout her whole extent enjoy the benefit of those Courts: the features of natural procedure with little exception, the ruling features[?]: parties essentially present, each examining the other, (each speaking from first to last on oath) lawyers essentially absent: causes of all sorts cognizable without exception, so as the value in demand exceed not /demand of money or moneys worth/ ,5. No written allegations not upon oath, not subject to cross-examination in a word no pleadings as in England.

So good this already much as it still falls short of what might be done in the same spirit, that Scotland, notwithstanding that load of abuse which is now calling and waiting for a remedy may still be regarded by England with just envy[?]: for the outlawry under which the great majority of the good people of England are born and die, has actually for those four years been revised in Scotland.

JB_168_191v.xml

Title: [[168-191v] July 1806 Evidence]

Description: [168-191v]

July 1806

Evidence Scotch Reform

Ref[...?]

Resolution 1.

To this article I should not expect to hear any objection, unless it be on the score of expence. More Courts whould require or be supposed to require more officers, in every case except where if there be any such case, the officers of any particular description are already in the existing single Court in a number as great as that of the proposed Courts.

Not only so, but whatever additional number of Courts were to be established, each such new Court, would if the number of Judges placed in it were greater than one, be probably looked upon as requiring a Precedent: and to such superior in rank some superiority in salary - and thence some additional salary would naturally be looked upon as necessary.

Report says that this plan was suggested by one of the present Members: if this be so, he would naturally on this occasion not be unremembered.

I number this as an objection - not that ought to prevail but as one that will naturally enough be made, and ought therefore to be considered /on that account ought not to pass unheeded/.