10 May 1807

Scotch Reform

Letter VI

Letter VI

III. Review Chamber

Another instance in which for my unauthoritative conception and weak reason I have found a support, and that a highly valuable one is the authority of their learned Lordships is an observation of mine which helped /had contributed/ to form the ground for my Court of Lords Delegates.

"The most important and doubtful points of law often occurr (say they art. 40) in cases where the property at stake is very considerable, or where the parties are not in affluent circumstances." "Some of these causes" (continue they) "may be prevented from being appealed to the House of Lords, merely by the additional expense which must be incurred in passing through the Court of Review:" and yet, in such cases of importance" (conclude they) "it is obviously natural, both for the parties and the law that the judgment of the House of Lords shall be obtained."

Thus for their /the/ learned Lordships /Judges/. Good, say I, of the proposed additional stage or degree of judicature. Equally good to some purposes at least of every one of the existing stages. For where is that Court of Justice, however high or however low, if the transactions of which it is not desirable that the supreme superintending Court should be informed to the end that in future at least wheresoever injustice appears, the current of it may be stopped?

Apply this to the Sheriff Deputies' Substitutes' Court - to the Sheriff Deputes' Substitutes Court - to the Bill Chamber in the Court of Session with the eleven or twelve Lord Ordinary, sitting in it in vacation week after week, from each one[?] of whom /foregoing/ to his next successor a vertical appeal may be presented - then on to the Inner House then back to another Outer House, then again to the Inner.