5 Jan y 1807

Scotch Reform To L d Grenville

Facienda

Jury why on appeal only

Having confessed to your Lordship my notions concerning the abuse as well as the use of the institution, as applied in the case of a country to /in/ which it is not yet in use, I will now tell your Lordship what it is makes lawyers so much in love with Juries: English lawyers to whom they are so familiar /their [...?]// they are such old acquaintances/, Scotch lawyers to whom they are new /so [...?] and so/.

My Lord, trial by Juries is trial with lawyers. Trial in the existing Courts of Natural Procedure, trial under their limited jurisdiction is in almost every instance, in the most unlimited field of jurisdiction it could be in nine or more instances out of ten, trial without lawyers.

In this as in all other predilections, there is an object of jealousy and aversion expressed /declared/ or implied. Now then my Lord what is the object /counter// rival/, the object to be depreciated in this case? is it Equity? Ah, no my Lord: for some hundred years /ages past/ at least, no English lawyer has ever under valued Equity. The best that Juries can give is but Common Law: and Equity blooming maid! ever smiling Equity! how is so much sweeter /richer/ and more delicate! Why? because much as Common law affords, Equity affords more work still for lawyers

So, my Lord: it is that odious thing natural procedure under the name of summary, that is the real object of that irreconciable /inextinguishable/ hatred, which learned gentlemen can never cease to feel, nor venture explicitly to avow. Why? because from the soil in Natural procedure factitious delay, vexation and expense are unknown /banished/. No work for the lawyer /any more than for the lawyer/: /learned gentlemen may cry till they are hoarse, who has need of one?/ nothing going forward from which profit /any thing beyond limit/ can be extracted.