26 Dec r 1806

Scotch Reform To L d Grenville

1 4

Resolut. 13

Interloc. Unapplicable

Translated out of jargon into plain English, the distinction of English law between possession and right of possession between right of possession and right of property, is but /neither more nor less //no other than/ the distinction between a provisional set of rights and a definitive right, between a defensible and an indefensible one. With the help of this jargon, so successful have English lawyers been in the organization of their chaos /system of confusion and pillage/, that where real property is in question, a judgment really final in effect is almost without example: Judgment in [...?] is but interlocutory /provisional/: judgment on a Writ of Right or decree on a Bill for [...?] possession is the final judgment that corresponds to it.

If in any case, without experience[?] to punishment, or even to disrepute, it be in the power of the Court below, by an interlocutory judgment, or a series /chain/ of interlocutory judgments, to produce the effect of a final one, the jurisdiction of the Court above, the House of Lords, is by the prohibition here proposed /in question/ laid at the feat /mercy/ of the Court below: and the view here given of the matter be correct, the cause will in comparison be fine[?] and narrow, in which this virtual /indirect/ [...?] would experience any difficulty.

For producing usurpations of this sort - usurpations increasing in a series without limit /to which there is no certin limit/, how much less [...?] and boldness would be necessary to Scotch Judges than what has so often been exemplified by English ones!