date

12 May 1807 Scotch Reform Letter
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.
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    When an obscure, untitled, unofficial drudge like myself, makes professions, they must be sincere, my Lord, his chance for obtaining attention depends upon it - they must be sincere, or wear upon the face of them, at least the colours of sincerity - they must not be openly contradicted by practice. /By/ Authority /a man is/ exonerates a man from this as from all other obligations. Day by day to wring the matter of fees in dribbles out of the bowels of the innocent and injured, to any "worth the time of the Court in considering matters of little or no importance" -(if that Court which is so far from having time enough for matters of the highest importance -) wastes its time in doing what depends upon time to " render useless" that jurisdiction on which like that of the other seat /those other seats/ of unsophisticated /uncorrupted/justice, he is bestowing all the while his self-contradicted insidious eulogies. Day by day, in the process of his work, he may trample upon the laws which he is sworn to give execution by his obedience upon the acts of Parliament. And of what Parliament? Of the Parliament of Scotland - of that regretted Parliament by which his country was governed before the intrusion of the mongrel legislature which is now occupying itself /now so busily occupied in/ in making breaches in the Session (art:2.││) and in passing acts which if they were /are/ passed would /will/ as those Ministers of Justice upon your Lordships (art. / . 35-38) be not only "urgent" but "illegal", and contrary to law. Acts of Parliament contrary to law! Behold there, my Lord, a doctrine avowed by Judges!
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    I am arrived at the 2 d of the three topics announced in the opening of the first of these letters. viz.: Omissa: things [...?] which, according to my humble conception of the matter, ought to have been proposed in a Bill /Plan/ having for it object "the better regulating the Courts of Justice in Scotland and the administration of justice in Scotland therein" and in the Bill /Plan/ in question are not proposed.

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