28 July 1806

Scotch Reform

Facienda

3. Of the great Courts to be built out of the materials of the existing Court of Session, one to be a Court of Natural Procedure: judging as fully explained in the Appendix on Courts, in the manner of the Scotch Small Debts Courts, the English Courts of Conscience; in criminali[?] in the manner of a Justice of Peace acting out of General Sessions.

Yet a Court of Natural Procedure permitt in, my Lords to call only that characteristic name.

Already does Scotland throughout her whole extent enjoy the benefit of those Courts: the features of natural procedure with little exception, the ruling features[?]: parties essentially present, each examining the other, (each speaking from first to last on oath) lawyers essentially absent: causes of all sorts cognizable without exception, so as the value in demand exceed not /demand of money or moneys worth/ ,5. No written allegations not upon oath, not subject to cross-examination in a word no pleadings as in England.

So good this already much as it still falls short of what might be done in the same spirit, that Scotland, notwithstanding that load of abuse which is now calling and waiting for a remedy may still be regarded by England with just envy[?]: for the outlawry under which the great majority of the good people of England are born and die, has actually for those four years been revised in Scotland.