1 Feb y 1807

4

Letter II[?]

Mistake me not, my Lord:- I mean not to say that because in that instance such was the effect of competition as between Court and Courts in England in that instance /in these days/, such would necessity be the effect in the case of the competition proposed to be created by the division of the Court of Session in Scotland, in this our time. But your Lordship sees, such would be the comclusion /necessary verdict/, [...?] the customary evidence of experience the only evidence admitted: and that to satisfy us that the conclusion is not a necessary one, proper discrimination must be /would be to/ made, which is as much as to say, three bugbears so formidable to many a learned, as will as to many an unlearned, mind; Theory - speculation - must be /would be to be/ called in.

The powers of the contending[?] Courts in Westminster Hall were not fixt: three of the Chambers of the Courts of Session will be fixed and will be exactly the same in all the Chambers: no such exclusion permitted: no such bonus to be sold. The existence of parliament was at that time matter of chance: it is now as certain as that of the King himself: those were dark; these are enlightened times:- all this I am aware of, and all made due allowance for /this with me finds die allowance/.