25[?] July 1807

Appeal list defective

Question - Why continue the right of voting to the delegates? - why exclude the votes of all other members of the House of Lords?

Answer 1. Lest by individual or party favour or enmity, Judges should be led in in fluctuating and uncertain numbers.

2. Lest, worked[?] on by some such sinister interest, a Judge should pronounce his decision without having heard the whole of the arguments, perhaps without having heard any but one side.

3. Lest the sense of individual responsibility should be extinguished, and the advantages of[?] few-seated in comparison of many-seated judicature be thereby foregone. (See Scotch Reform Letter 1.)

In the annext Tables stand expressed the amount of such of these Writ of Error Appeals as during these three portion[?] years were presented to the House of Lords: unfortunately, in the instance of such of them as were presented to that ultimately-appellate judicatory the distinction expressed by the words heard and not heard, or their synonyms argued and not argued, synonyms both of them (as above shewn) to bonâ fide and malâ fide, the information furnished by the House of Commons Report above referred to does not extend. Between the numbers of the two classes the proportion must in that instance be left to conjecture: to a conjecture, the grounds of which are furnished by the other Table (Table x) in which the proportions between the two classes are given in the instance of that mass of Appeals which in the course of the same three instructive years were presented to the several English Intermediate Courts of Appeal or Chambers of Review, and forming the grist brought to that part of the number of efficient mills, kept on going for the manufacturing of delay, and grinding the face[?] and substance of the poor and helpless, at the instance and for the benefit of respectable and open handed customers.

The number, absolute and relative, of these malâ fide Appeals was the secret, which in the present occasion as on every occasion it was with so much justice deemed incumbent, in point of prudence to avoid, if possible, bringing to view.