16 May 1808

I. Reasons

Ch.V. Advantages

§.9./8./ Fiction ousted

Into Scottish judicature the English Jury trial as bestowed upon English pleading could not be imported but that fiction - that is if not the practice, the result and produce of the practice, would be imported along with it: imported, and by wholesale; nothing in the whole system of pleading being done without it: for the short but not less true account of the matter, if on such a matter the truth may be spoken, is - the whole system of procedure - of Common Law procedure - is one great lie. But once more, the importation of English pleading into Scotland is impossible.

On the present occasion this truth may be acknowledged without much difficulty, Scotch lawyers not having been attached to the use of fiction by habit and prejudice, will not naturally be disposed to regard the exclusion put upon it by the proposed plan as a loss. Fictions of English growth nothing hinders them from viewing in a true light: for fictions of Scottish growth, even were[?] the cast[?] favourable to them, which it never has been, the season is too late.