12 May 1807

Scotch Reform

Letter VI

Letter VI

IV. Sheriffs Courts

Speaking of the provincial Courts in Scotland (Lett.2), I spoke of it as a matter of peculiar[?] felicity to Scotland, peculiar[?], at least in contradistinction to England at least, to remain thus in possession of the necessary means for [...?] to every man his daily bread by the means /hand/ of daily justice.

Here too /another point in which/ /this/ I have the satisfaction of finding /beholding/ my poor /weak/ opinion with its - I will /can/ not say weak

reasons - I can only say weakly presented - reasons - supported by the authority of these 11 out of the 15 members of the highest Court of Scottish judicature "the jurisdiction (say they, (art. 21) "the jurisdiction and office of the Sheriffs Depute in Scotland, which undoubtedly" (continue they) "is one of the most valuable and beautiful parts of our system of administrative justice."

Here is an [...?], my Lord, and a just one: and /but/ for what purpose is it brought forward? To this purpose and this only; viz: to make for the purpose of the moment the Sheriffs Court a bar to the introduction of the Jury box: for the allegation is "that this proposal" (the proposal (art. 20) to extend Jury trial to cases [...?] originally in the inferior Courts in Scotland) "would also to a great degree render useless the jurisdiction in office of the Sheriff's Depute", and so on as above.

Were Jury-trial extended as above "very many of such cases would in consequence (could) under and in virtue of the proposed law /Act of Parliament/ be brought to the Court of Session: a result which say they "there is much reason to apprehend." for in accession of business to their own seat of pure and disinterested and upright judicature for the [...?] [...?] is new because matters of apprehension to them newly [...?] advocates /enlisted defenders/ of [...?] and acceptable justice.