5 Jan y 1807

Scotch Reform To L d Grenville

Facienda

Juries why on appeal only

Nor is this all. In the first instance, as Your Lordship has seen, many causes are incapable of being properly tried, many others incapable of being tried at all, in the presence of /by judgement really/ formed by Juries. In the way of Appeal, there is no sort of question that may not, and with care and propriety find its way to a Jury: no question not even of all those which at present are either not presented to a jury at all, or presented to no purpose.

In the first instance, the evidence not being capable of being collected in one day /at one sitting/, was collected at divers sittings: not being capable of being collected all in one place, was collected in /at/ divers places. But in the way of Appeal, before a Judge with a Jury, as well as before a Judge without a Jury, being /having been/ already collected together and made into one mass it may be presented in that one mass: if all of it, the testament part of it, in the shape

of vivâ voce evidence so much the better: if the whole or any part of it incapable of being presented in any better shape than that of vivâ voce evidence heard [...?] and there [...?], (as, Anglicé as[?] depositions) or then epistolatory evidence (as Anglicé as the shape of one Preface[?] to a Bill) than in that best state in which it is to be had.

Not only so but in cause of the description of that which in English practice, by /the/ reason of the magnitude of the mass of evidence are excluded altogether from the benefit of Jury trial may in this way be let into a participation of it: