12 May 1808

I. Reasons

Ch.V. Advantages

§.9. Malâ fide demands ousted

Judges fees the base of Justice.

Let a Judge do what it will in England so to be of the 12 it is become a rule and that an inviolable one on no occasion ever to make[?] his name but not[?]/as[?] a subject of treason[?]. Censure is confined to Judges of a [...?] step to Peers Lords and Country[?] Gentlemen in the [...?] of Justice of the Prince.

Applied to Scotland, the light in which this effect would be regarded would not naturally speaking be altogether so unfavourable. In the character of Members of the Inner House the Judges, at least of the Court of Session, derive not from the course[?] of suits or from the increase of the expence of suits any considerable advantage.

Unfortunately there is an Outer House, the air of which is not equally pure. In the Inner/Outer[?]/ House are so many single seated judicatories as in the Inner House there are Judges, minus one. Each Judge has his Clerk, each Clerk a hand, and a hand which means fees, the fewer malâ fide suits the fewer suits, and the fewer suits the fewer fees.