date

18 May 1807 5 Letter V
18 May 1807

5

Letter V

1. Plan of the Letter

3. dispatch by substituting Appeals to Advocation and Suspension.

3. I have not done yet, my Lord: another little

bonus

for the lieges.

In the

Bill Chamber

, the mode in which the superintending jurisdiction of the Court of Session is exercised over the causes originally brought before the local judicatures is (it must be confessed) rather slower than could have been wished:- yes, and many are the impertinent things that have been said about it. But, my Lord, be pleased but to look at the Circuits, there you may see the Justiciary Court, travelling post, - a very pattern for expedition: like

Time

and

Tide

, Circuit Courts stop for no man. In the room of the solemn and steady, indeed, though, to be sure rather slow-paced Justice, which without change of place vibrates and in a stile of vibration rather complicated, it must be confessed, between the Bill-Chamber, the Inner House, and the other Outer-Houses, give the lieges the option of that which travels post - Good souls! how delighted will they be! - All for the

lieges

, this part, my Lord:- this little

bonus

:- all for the poor dear lieges! - Your Lordships have had

your

share:
Similar Items
  • Title: [15 March 1807 + + 3 (2) 3]
    Description: 15 March 1807

    + + 3

    (2) 3

    Letter V

    I. Plan

    To be sure they will not,

    all

    of them, stop there where they ought to stop. Some of them, (such is the spirit of litigation!) will pass on to London; so long as the House of Lords is open to receive them, which to be sure it must be. Yes, as in they will get to London (for such is the perversity of mankind!) notwithstanding the excellent provision that may and would be made for them on the spot. Nor is it to be denied but that though, as to those which stop the delay and expence will be diminished, yet as to those which pass on, and so go through into[?] two Courts of Appeals instead of one, the delay and expence will be encreased.

    But as to this, Your Lordships are already in possession of an old-established and well-approved remedy, viz.

    Costs

    : which it depends upon Parliament, or even upon the House of Lords alone, to make as strong and efficacious as they please. Make it strong enough and your litigious suitors will be frightened from coming to London:- they will stop at the Edinburgh Court of Appeal: and that is such numbers, that more delay and expence will be saved, by this stoppage, to those who are thus stopped by the Court bar, than will be produced by the bar itself in the instance of those who, after having passed through it, persevere and pass on to London as at present.

    Here then is already a sufficient indemnity[?] for suitors /for the liege[?]/: and[?] but to make sure, let us give them another /two others/ into the bargain. In the Bill Chamber he made a whole superintendent jurisdiction is [...?] by the Court of Session over the causes originally brought before the local judicatures rather tedious[?] and has been the subject of [...?] in the mode pursued in the Justiciary Court in the Circuits is much /delightfully/ more expeditions[?]. In the name of the [...?...?] let us give the lieges[?] the option of the expeditions[?]. Whichever it is for their advantages they will embrace it of course: and this will be a great relief /and cheer/ to them: and a blessing thus[?] so great that there can be no doubt but that the change will be highly beneficial to them upon the whole.

    Printer Italics still
  • Title: [18 May 1807 + + 4 4]
    Description: 18 May 1807

    + + 4

    4

    Letter V

    I. Plan for the Letter

    Yes, my Lord:- In the benefit of this old-established and approved remedy, sanctioned by

    the wisdom of ages

    , the lieges will already find a sufficient compensation for whatever little additional delay and expence may happen to be produced by the proposed

    Chamber of Review

    : but, to make sure, let us give them two other indemnities into the bargain.

    2. Of the load of

    appellate-jurisdiction

    business that presses at present upon the time of the House of Lords, a very large proportion is produced by

    Appeals against interlocutory judgments

    called for shortness

    Interlocutors

    . Of all these Appeals the time of the House might with perfect propriety be exonerated. I say -

    with perfect propriety

    . For it is time enough for a man to complain when he has lost his cause. But, till final judgment is pronounced the cause is not lost to any body. All these appeals therefore may be struck off. And here your Lordship sees another great relief to the

    lieges

    :- another compensation for whatsoever little additional delay and expence may be supposed to be attached to

    our Chamber of Review

    Italics still
  • Title: [16 May 1807 Scotch Reform Letter]
    Description: 16 May 1807

    Scotch Reform

    Letter VI

    Letter VI

    V. Authoritative Plans

    As to the (remaining) Inner House, with the remaining 7 judges which the majority of the 15 propose to have in it, Your Lordship is already apprized of the considerations which represent it to my view as not better than a nuisance: one intermediate stage of judicature betwixt a lower judicature and the House of Lords, a Chamber of Review still, only comprized /though built out/ of the old materials without the addition of any new.

    your Lordship, as an Englishman can /could/ hardly regard it as a very serious deficiency. that between eight /8/ Chancellors all sitting upon a [...?] in so many different Courts there should be not intermediate Court of Appeal interposed between these Courts and the House of Lords. Between our Equity Courts and that highest seat of judicature, there is no such half-way house. In Chancery, in the Exchequer, does Equity make its progress /get forward/ at too quick a pace?

    But the [...?] lies not in England but in Scotland. And the majority of the learned Memorialists, with all their abhorrence for the proposed, new-fangled Court of review, insist on having one, so it be comprized of the old materials. Humour them, my Lord, if /that in/ your Lordship's judgement, the lieges join with them in their hearts /join with them/ in insisting upon it, and not otherwise.