JB_094_439.xml

Title: [1 April[?] 1808 Letter V Ch]

Description: 1 April[?] 1808

Letter V

Ch. 2. Features approved

'. 2. Appeals diminished

'. 2. Arrangements for diminishing Appeals

2. In the measure for /[...?] to/ the diminution of the number of Appeals, viz. from the Court of Justice[?] to the House of Lords / viz. allowance of //[...?]// [...?] on the [...?] of interest or the same withheld/ then[?] too, as far as it goes commands, in principle at least my approbation.

By taking away the inducement in some cases I perceive /behold/ it starting off, to a certainty part of the aggregate mass /bundle/ of those troublesome applications. By leaving it in the cases in part unremoved, I see it as certainty /with equal certainty/, necessary its[?] professed mark[?] in those other instances.

Stopping /and thus [...?]/ this far short of the attainment of the ends of justice, I know not how /I feel myself unable/ to ascribe the [...?] of it to a regard for the ends of justice.

The class of Appeals to which its operation is [...?], are the mala fide Appeals - those /being presented each of them by a defendant with the plaintiff moving[?] in his hands/ which, have for their final cause the profit from delay, without chance or expectation of ultimate success.

The extending beyond this class would have been not a [...?], but an objection to it.

But on the account given of this remedy by the inventor /inventors/, the property ascribed to it, the property in[?] the means of which the greatest, if not the only [...?] in land[?] by him /them/, is that of ridding the House of Lords of the "burthen upon its time": and to this effect it will not contribute a single [...?] : for the appeals of this description are all of those[?] either[?] withdrawn or for want of prosecution "destroyed": struck out of the books of the House before they have cost[?] a second of time to any of its chambers.

JB_094_287.xml

Title: [4 April 1808 Letter V Thus]

Description: 4 April 1808

Letter V

Thus far accordingly in his amended Bill, the /opinion of the/ Lord Chancellor's learned scribe has suffered itself to be enlightened and corrected by the opinion of the Faculty of Advocates. By the 2 d of their Resolutions this simultaneously having been declared to be "a part of the utmost importance" and of such importance "that it ought to be fixed" by Parliament and that /to sit[?]/ in an[?] "Act of Parliament which may be passed for the purpose of dividing the Court".

But in another point, the learned scribe, clinging to /his original engagements as closely as possible/ the Right Honourable the Lord President, and bent upon doing for the benefit of learned repose whatsoever can be done for it, takes up a handful of dust, and /which he/ endeavours to throw it into the learned eyes on the other side.

The two years and whatever greater length of arrear that under the hand of the Court of Session has accumulated, it is not for want of power to clear their hands of it that it has accumulated. This they themselves have been the frankest to declare /+ Memorial, and, 50/. It is not for want of a power of adjournments: for the existence of such power is declared by this amendment clause in this amended Bill. It is as above declared for want of will. /To the Right Honourable the Lord President and his learned [...?]/ To what greater length /bulk/ this arrear may have and consequently /accordingly/ to the Lord Chancellor's learned scribe, to what greater bulk the arrear to accumulate /length it may happen to run to/ is not matter of any greater concern than to the learned scribes Nobles and learned principal in that Bench /House/ which has no subordinate /inferior weir/ - Bench to serve as a weir to evero of its superflux[?], it is to that greater length beyond the three or four [...?] which constitute its present length it may run on in that highest seat of judicature, I had like to have sad justice.

JB_094_436.xml

Title: [[...?] April 1808 Letter V]

Description: [...?] April 1808

Letter V

Ch. 2. Features apply

'. 3. Legislative Comm[?]

Ch. 2. Leading features approved.

'. 4 Legislative Commissions.

Such as hath just been stated in the course taken by the Lord Chancellors learned scribe. The course which in his place I should have taken would have been in several respects different.

But before I /we can/ speak of differences let me[?] bring to view the more pleasing part of the prospect the principal points of argument. Such of the leading points in which I have the good fortune /satisfaction/ to find my /a/ view of the matter /opinions //conceptions// on the subject/ sanctioned and [...?] by his.

These are expressible by half a dozen words:

1. Legislative commissions: 2. arrangements /provisions/ for dimminution[?] of appeals.

1. As to the [...?] /measure/ of the legislative commission - by which the task of proposing and, so far as proposition goes, [...?], such new regulations as the [...?] of the case may appear to call for, as well as of [...?] the facts in /information without/ which the regulations would not have any solid and sufficient ground to stand upon, shall as to matters of [...?] be turned over to hands other than the already full and overflowing /overloaded/ hands of Parliament, it presents itself /seems to be/ to my view as a measure of which in principle, the necessity is obvious, and against which unless it be on the [...?] ground of expence, nothing can be said.