3 May 1807

Scotch Reform

(6) 33

Letter V? VI

Letter V

English Review Chamber

Memorial

So far as the above view of the matter may be just, [...?] conclusion seem to follow

1. That in their persuasion that of the regulations appraoved or [...?] by themselves or adopted, the number of appeals would soon cease to be a grievance to the subject, or a burthen to the House of Lords, these[?] /the/ learned Judges were too sanguine /rash/: N o struck off 33, making 11 in a year N o not struck off 44, making nearly 15 in a year.

In regard to the decisions either reversed or modified neither the absolute number nor its proportion to these affirmed[?] is such as reflects any discredit on the conduct of their Lordships in the exercise of their /that high and highly important/ office: Absolute number reversed or modified nearer 5 than 6 in a year: relative number reversed or modified compared to affirmed little more than as 1 to 2.

Taking together the whole number of bonâ fide Appeals if in proportion to Appeals of the same description /stamp/ from the English Courts it were even much greater than it is, the difference might be satisfactorily accounted for from one so[?] very different principle: viz. that, vague uncertain and uncognizible as the rule of action is under English law (jurisprudential law occupying the greatest part of the whole field of law) included under Scottish law it is beyond comparison more so: and this for several known reasons: 1. because the question of law is being still less disentangled from /more entangled with/ the question of fact: and because in such Reports as are extant the noting down of the opinions and dicta of the Judges has been not only omitted but anxiously prohibited: 3. because in Scotland civilization having been more backward than in England, and the memorials of law not commencing till a much later period, there has been less time for that gradual accumulation of material, on which jurisprudential law depends for its extent, its copiousness[?], and in those respects for its determinateness.