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[168-177v]
3 January 1807
Evidence
Supposing or not supposing the number of anomalous Lords in the Scottish state, (I was thinking of the Lord Justice Clerk, the Lord Advocate and the Lord Lion) to be augmented by the addition of a Lord [...?], there would remain /be/ either the [...?] such existing Lords for whom in the supposition of the [...?] of natural Prudence[?] to technical[?] in the Sheriffs Court as [...?] has been done in the Small Bill Courts, occupation would be to be found.
For my plan (it is with difficulty that I can prevail upon myself for saving of perpetually [...?] circumlocutions that I can prevail upon myself thus to obtrude on [...?] [...?] upon Your Lordship's motice upon my plan /this plan of mine/ there would be nothing for learned[?] Lords to do but to hear causes coming /brought/ before them in the way of Appeal. For this purpose instead of the three Chambers proposed by the already authoritative received[?] plan sitting to hear causes in the first instance with the addition of a Chamber of Review, proposd to be made up occasionally out of the same learned materials, there would be 14 or 15 Chambers with a Lord and but one Lord, a Judge and but one Judge in each and each of them consisting a Chamber of Review and nothing else but a Chamber of Review. Here then would be the principle /the effect of the grand/ - the principle of competition tried upon a much larger scale than that proposed: saving of delay, so far as constituted by the three[?] occupied[?] by the Judges themselves in performing these operations (such of them as the faculty of thought is employed in ) and tendency[?] about them, the branch of [...?] /moreover/ [...?] to a still higher degree of perfection.
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Title: [12[?] May 1807 Letter V Omitt]Description: 12[?] May 1807 Letter V Omitt [?] Ellenborough Conclusion These were imperial rulers, and worthy Kings - understand always such as King Belzebub, and King Moloch. During a wearisome period of their existence, to beguile the time[?] of Satan and his fellows, if Milton were to be believed amused themselves with mooting points about free-will and predestination. My Lord, with respect be it spoken, Milton was but a poet, inspired but no otherwise than as poets are, and poets are not accurate. By disputes with one another, about invariable sequences and so forth, little grist would have been brought into the mill of Pandaemonium. They would have lost their temper; and they would have got nothing in the room of it. With submission my Lord, Satan and his fellows were no such simpletons: their time was disposed of to much better advantage. It was employed 1. In divisions, pretences for excluding parties from the presence of the Judge - In planning Castles of Chicane in which stage should be heaped upon stage, like {Pelior upon Ossa, or} story upon story in the Tower of Babel:- in a word, in sketching out plans for Exchequer Chambers, and sham Courts of King's Bench, and Chambers of Review. One humble advice more, my Lord, at parting. When again your Lordships learned Adviser attends Your Lorship, bringing in his hand the Plan of his Chamber of Review, look sharply at his foot, my Lord; make him pull off his stockings.
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Title: [PRIVATE 20 May 1807 Scotch]Description: PRIVATE 20 May 1807 Scotch Reform A1 (1) Letter V Ch.12. English Review Chamber Ch.12. English Review Chambers a warning to Scotland VII. Having mentioned the assortment [of] Chambers of Review we are already provided with in Westminster Hall, as an object that might not have been unworthy of fixing, though some how or other they seem to have escaped, the attention of Your Lordships learned Reformer, when occupied in the planning of the new one proposed to be erected in Edinburgh, I proceed to present to your Lordship's consideration a slight sketch which I have ventured to take of these erections for his use: humbly conceiving, that should the edification of the Architect, by this or any other means, be substituted to the edification of the projected edifice, the change would be in no small degree an advantageous one.
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Title: [PRIVATE 5 May 1807 H2 +]Description: PRIVATE 5 May 1807 H2 + (1) (1) Letter V After VIII Appeal list mutilated VI. Uses - Proper remedy, efficacy {Before the topic of astrology is dismissed Now we are upon causes, another little comparison confrontation rapprochment our neighbours would say -} may not be without use. Presented from the Supreme Court within Scotland, Appeal, which it can only be to the House of Lords, stops execution: so does it, under the name of a Writ of Error, when presented from those on the same level as Westminster Hall, to any of the three Westminster Hall Chambers of Review. Presented under the name of Appeal, from the Westminster Hall Equity Court on that same level to the only Court to which in Equity procedure it can be presented from that High Court, viz. to the House of Lords, Appeal does not stop execution: that is to say, not of course; nor without such special ground alledged and supported, as is scarce ever made. And now, with submission, the cause of the following proportion for that same three years ending 1797, can be no great mystery. From the English Courts Appeals stopping execution, 1915: where of in Common Law causes to the 3 Intermediate Courts or Chambers of Review, 1790: in d o to the ultimate Court of Review, viz. the House of Lords, 125: English Appeals stopping execution 1915: English Appeals not stopping execution, 7: viz. in Equity Causes to the House of Lords: From Scotland in Common Law and Equity causes put together, Appeals stopping execution, 75. After p. 8. of this. Go on to say by the expedient produced by J.B. & the Memorialists without the Review Chamber I see little less than half the delay struck off: by the Review Chamber, without those[?], more added than struck off.
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