12 May 1807

Scotch Reform

Letter VI

Letter VI

IV. Sheriffs Courts

Lawrie p - 41.

In Scotland, the metropolitan Courts being of so much later date than England, have not had time as yet to effect that compleat absorption /distinction[?]/ which has been so highly effectual in England of the business of the provincial Courts. Meantime on the part of the judge neither [...?], nor effrontery, nor wickedness[?], nor consequently success, with /and/ the support of so much power has been altogether wanting; not that without which such success could not have been reaped, viz: on the part of the people [...?], nor on the part of the government blindness and negligence.

By the Scotch Institute A o 1672 c.16.║.16, "causes not "exceeding 200 marks Scots" (, ││ sterling) "in value are discharged" (prohibited) "to be brought before the Session in the 1 st instance. [...?] unless certain conditions specified in the statute and the book of practice which there speaks of it. And why (prohibited)? - that the inhabitants of the provinces and especially of the widely distant provinces, might not be awed and oppressed by a load of expense, exceeding by many and many times over the value of the relief sold there? Oh no: but (says Mr Lawrie the man of practice) that the time of the Court might not be wasted in considering matters of little or no importance for to /in the interests[?] of/ a member of the College of Justice half a year or a [...?] substitution, to the great majority of his fellow countrymen, is - the only demand, or defence that it can be within the reach of the great majority of his fellow country men to make, are " a matter of little or no importance."

Small /Minute/ as may be the importance of the body of the people and their substitution in the eyes of their ministers of justice, the mass of fees incapable of being collected in [...?] of making disposition, such as justice requires if these matters of little or no importance, did not present themselves /appear/ to the College as being to such a degree beneath their notice. They were not only worth collecting according to /under the/ the law, but they were worth breaking the law to get at. "actions before the Session being every day (this was A o 1799) brought against debtors, fees [...?] however small, without regard to - them follow the above conditions.