19 Feb y 1808

II. No Inner House Causes

Setting aside the case of preternatural slowness as above, if there be a situation in which the multitude of counsellors is in the law of judicature a cause of safety, it is that of an appellate or otherwise superordinate judicatory. It is in that case /situation/ that the disadvantage of /attendant in/ many seated judicature are at their minimum, the advantages at their maximum.

In this case /situation/ (setting aside the encouragement given to malâ fide appeals, of which in another place) every suit which in the whole of its texture affords not matter of doubt or difficulty is disposed of below without ever presenting itself to the cognizance of the Court above: so likewise in a cause that has its difficulties every point but the particular point out of which the difficulties arise. The immediate /the single-seated/ judicatory is a score[?] by which all the causes and points of a course and ordinary texture, are kept back, none but those which have something /a certain degree/ of refinement and subtlety in their nature passing through to the appellate judicatory.