date

12 May 1807 Scotch Reform Letter
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.
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  • Title: [12 May 1807 Scotch Reform Letter]
    Description: 12 May 1807

    Scotch Reform

    Letter VI

    Letter VI

    IV. Sheriffs Courts

    Speaking of the provincial Courts in Scotland (Lett.2), I spoke of it as a matter of peculiar[?] felicity to Scotland, peculiar[?], at least in contradistinction to England at least, to remain thus in possession of the necessary means for [...?] to every man his daily bread by the means /hand/ of daily justice.

    Here too /another point in which/ /this/ I have the satisfaction of finding /beholding/ my poor /weak/ opinion with its - I will /can/ not say weak

    reasons - I can only say weakly presented - reasons - supported by the authority of these 11 out of the 15 members of the highest Court of Scottish judicature "the jurisdiction (say they, (art. 21) "the jurisdiction and office of the Sheriffs Depute in Scotland, which undoubtedly" (continue they) "is one of the most valuable and beautiful parts of our system of administrative justice."

    Here is an [...?], my Lord, and a just one: and /but/ for what purpose is it brought forward? To this purpose and this only; viz: to make for the purpose of the moment the Sheriffs Court a bar to the introduction of the Jury box: for the allegation is "that this proposal" (the proposal (art. 20) to extend Jury trial to cases [...?] originally in the inferior Courts in Scotland) "would also to a great degree render useless the jurisdiction in office of the Sheriff's Depute", and so on as above.

    Were Jury-trial extended as above "very many of such cases would in consequence (could) under and in virtue of the proposed law /Act of Parliament/ be brought to the Court of Session: a result which say they "there is much reason to apprehend." for in accession of business to their own seat of pure and disinterested and upright judicature for the [...?] [...?] is new because matters of apprehension to them newly [...?] advocates /enlisted defenders/ of [...?] and acceptable justice.
  • Title: [17 Jan y 1807 Two degrees of jurisdiction]
    Description: 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.
  • Title: [12 May 1807 Scotch Reform Letter]
    Description: 12 May 1807

    Scotch Reform

    Letter VI

    Letter VI

    IV. Sheriffs Courts

    Lawrie p - 41.

    In Scotland, the metropolitan Courts being of so much later date than England, have not had time as yet to effect that compleat absorption /distinction[?]/ which has been so highly effectual in England of the business of the provincial Courts. Meantime on the part of the judge neither [...?], nor effrontery, nor wickedness[?], nor consequently success, with /and/ the support of so much power has been altogether wanting; not that without which such success could not have been reaped, viz: on the part of the people [...?], nor on the part of the government blindness and negligence.

    By the Scotch Institute A o 1672 c.16.║.16, "causes not "exceeding 200 marks Scots" (, ││ sterling) "in value are discharged" (prohibited) "to be brought before the Session in the 1 st instance. [...?] unless certain conditions specified in the statute and the book of practice which there speaks of it. And why (prohibited)? - that the inhabitants of the provinces and especially of the widely distant provinces, might not be awed and oppressed by a load of expense, exceeding by many and many times over the value of the relief sold there? Oh no: but (says Mr Lawrie the man of practice) that the time of the Court might not be wasted in considering matters of little or no importance for to /in the interests[?] of/ a member of the College of Justice half a year or a [...?] substitution, to the great majority of his fellow countrymen, is - the only demand, or defence that it can be within the reach of the great majority of his fellow country men to make, are " a matter of little or no importance."

    Small /Minute/ as may be the importance of the body of the people and their substitution in the eyes of their ministers of justice, the mass of fees incapable of being collected in [...?] of making disposition, such as justice requires if these matters of little or no importance, did not present themselves /appear/ to the College as being to such a degree beneath their notice. They were not only worth collecting according to /under the/ the law, but they were worth breaking the law to get at. "actions before the Session being every day (this was A o 1799) brought against debtors, fees [...?] however small, without regard to - them follow the above conditions.