date

12 May 1807 Scotch Reform Letter
12 May 1807

Scotch Reform

Letter VI

Letter VI

IV. Sheriffs Courts

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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  • 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.
  • Title: [[In copyist's hand] 11 May 1810]
    Description: [In copyist's hand]

    11 May 1810

    Parl. Reform Taylor S t Helens Auckland Durham

    4

    1

    My dear Sir,

    My brother George & I having been for some days busily engaged from home met the other day at home, but only to part again in a hurry.- He put the enclosed letter of M r Brougham into my hands & desired me to transmit it to you. He said D r Fenwick had another copy.

    I am afraid I must class myself among those whom M r B- will look upon as one of the outrageous reformers of the day. For I certainly should not be satisfied with any thing short of what he seems to think " little desirable."- I mean, if I understand his allusion - the right of suffrage if not made universal - very greatly extended to householders for instance assessed to the taxes, and votes taken in parishes, or townships in some such small districts- At the same time as I have no hopes at all of seeing this soon accomplished, I should be very glad to find M r B.- succeed in his plan as it must greatly operate towards the introduction of the other.- But I own I am not sanguine in these expectations for altho' he avoids with so much care all mention of the word Disenfranchisement in hopes I presume of not alarming the Boroughmongers; yet like spirits of darkness, they will have to keen eye not to see the approach of Dawn in M r B's measures - "Great is Diana of the Epheseans! - our Craft is in danger!"-

    They will not perhaps have the front to exclaim so, but their votes will speak if not loudly strongly.- Convinced as I am that the H. of Commons will never of itself reform itself, without an universal or almost universal call from without.- I cannot but think there is little chance for M r B's accomplishing his plan - The ardent or the interested are the only people to make their call - The former will as B. seems to apprehend suspect he wishes to compromise the principle and not exert themselves in his support - The interested will I fear not have weight or numbers to add influence to his arguments - The Landholders in the Scotch Counties and the population of Edinburgh - They tho' not enough must if they stir have nevertheless great effect.- Might not the population of Glasgow be inlisted into the same cause? Give
  • Title: [20 Jan y 1808 Scotch Reform]
    Description: 20 Jan y 1808

    Scotch Reform

    Letter V

    Ch:5 Malâ fide Appeal

    how prevented

    Of this art of sham discouragement by the application of sham checks specimens may be seen in English Equity, But he that would see it practised in perfection must look to Scottish Outer[?] Offences[?] and especially to Scottish Bill Chambers. By miscalculation or inadvertence should the point, the supposed litigation - checking[?] some have been set at too high a pitch, [...?] can be easier than the remedy the penalty the [...?] the whatever it is is left unexalted: the Act of Parliament or Act of [...?] whichever it is that ordained it -left for [...?] [...?] or for quesque [...?], in the state of a dead letter: then is a time for the godlike attribute of mercy to warm the heart and correct[?] the hand of the Judge. Look over the Acts of [...?]: this is a goodly [...?] of things[?] so many Acts of [...?], to say nothing of Acts of Parliament so many [...?] of iniquity, if in their Lordship's [...?], and of it, so many [...?] for it. Look over them from beginning to end: is there that one[?] of them of which none[?] /a man/ can be sure of finding it obligatory? Not one indeed. Get[?[] an Act of [...?] passed one year, the next it falls into desicitude[?]. And on what day of the year will it have fallen into desication? To him alone can that be known, to whom every thing is known: on whatsoever day it should happen to be their Lorship's pleasure.

    I speak with a list before me and a log[?] an it is though as yet but a fragment of the Acts of [...?] not to mention Acts of Parliament, nor[?] of any very [...?] some of very modern date now 150 years old some not 20, stated simply and openly in /[...?]/ their books of practice, as not observed, or frequently not observed, or but little observed.