Jan y 1807

To III. Facienda

From I. Proposal

Letter IV

Juries

L d Presid

But, Sir, all this while this plan of yours about decision without a Jury in the first instance and with a Jury in the 2 d instance, is bottomed on what you call Natural Procedure, such a they go by /act under/ in the Small Debt Courts: which the Lord President is quite clear, though it may serve well enough for any thing below ,5, is not fit for a farthing above ,5, and you are for employing it for any sum, though it were ,50,000.

Yes, my Lord, the Right Honourable Judge has indeed drawn a very distinct line, the grounds of which, as I have already had occasion to submitt to Your Lordship, remain still to be discovered; and should the discovery ever be made it is not a small premium, I will venture to say, that will obtain it /have obtained it/.

A very distinct line his Lordship has indeed drawn as between cause and cause: and in so doing a line not much distinct between man and man.

In the causes below ,5, he has beholden, (beholden /descried/ form that high place /elevated station/ in the Inner House which his Lordship fills.) descried as from the ball or the cross in the life of S t Pauls[?] a man might descry prisoners in the shape of men crawling up and down /backwards and forwards/ in Cheapside. the causes of that division of mankind who go by various names /who are denominated by a variety of aliases[?]/ such as the mob, alias the vulgar, alias the scum of the earth, alias the canaille, alias the people, alias poor devils, Gullice, pauvrer[?] deaths[?], who can't pay their fees /who have not wherewithal to pay fees/. These are the class /sort/ of people who don't deserve justice or at least equity, have no right to justice at least to equity, and to whom it has accordingly for centuries been a settled point, that it is "beneath the dignity of a Court of Equity to serve out that double-refined /[...?]/ and bettermost /purer/ sort of justice.