10 June 1807

(2)

Letter V

VI.3. Appeal vice Advocation

But in the view which I should expect to find the learned Reformer taking of the subject I can conceive what might appear to him a good reason for permitting the change in all cases in which the value in dispute does not exceed the larger sum in question, viz. £50: whereas according to the other interpretation the reason of the mode of limitation appears to me altogether incomprehensible.

The procedure by Appeal he would say, is summary: but though, to save expence, vexation, and delay, summary procedure may be borne with; yet, as a security against misdecision, which is the main end of justice, it can never be regarded as equally trustworthy with the regular mode. In causes of inferior importance, even up to the value of £50; so they do not exceed that value, let this imperfect mode of procedure be admitted: but when a cause is of such importance as that the value in dispute rises above that sum, then it is time that the regular mode - the mode affording the best security against misdecision - should take place.

But upon the other construction, and without the word not, how will the[?] matter stand? In causes of the smallest importance - so small as not to rise above £12 this imperfect summary mode of procedure shall be admitted: also in causes above £50 value and so upwards to the highest degree of importance possible. But between these causes of the lowest importance and the causes of the highest importance between £12 and £50 there is an intermediate class of causes to which the indulgence shall not extend.

/+It is of the exception that in this construction would be made of this intermediate and comparatively narrow class of causes that the reasons appear to me to be altogether incomprehensible. Therfore it is that I have ventured to suggest the above alteration in the character of a correction to an erration either of the pen or of the press.