23 Dec r 1806

Scotch Reform To L d Grenville

Resolut.6

Jury

My Lord - I speak it with great submission - it seems to me true enough for a man to quarrel with a decision /Judgment/ when he knows what it is. In this observation, I find /behold/ one of the bases of the idea I have formed to myself of the proper, and only proper use capable of being made in causes not criminal, of the intervention of a Jury.

Every where the Judge is liable to have his partialities: England to a certain degree; in Scotland for the reason already submitted to so much greater degree. Juries with proper care and management are capable of being cleared of partialities at least of all known ones, which is the circumstance of most importance.

In the case of an Appeal therefore, I see /view/ the proper and only proper occasion in causes not criminal, for having recourse to Juries.

But of this afterwards, when I come to submitt to your Lordship my proposed experimental Court of Natural Procedure.