11 Feb y 1808

Scotch Reform

Letter

on L d Eldon's Bill

1. Homologation Necessary

Pleading [...?]

Reasons why Jury Trial in [...?] can not be introduced into Scottish procedure to good advantage without the previous homologation of the substantive part or main boy /branch/ of the Law.

In English procedure, the use and Utility of Jury Trial in civile depends principally upon a connection it has with the forms of pleading: and in particular in so far as concerns general officer[?] - pleading the general office - and the general species or forms of action to which they have reference.

By the species of actions, the demands [...?] are expressed and distinguished: by the general offices respectively applicable to these actions, [...?] the defences.

Both indeed in the most wretchedly imperfect and incongruous manner: but being in a considerable degree, and in such manner as to cover the most common subjects of litigation, settled by lay practice, they serve for carrying in the business in the less imperfect mode in which in which it is carried in under English law.