Feb y 1808

on L d Eldon's Bill

Letter VI

Omissa & Facienda

1. No Reporting

2. Ends of Justice

2. Evils 2 d, 3 d and 4 th. Unnecessary and useless increase given to a triple pact of evils delay vexation and expence.

If the cause is ripe for decision, then supposing him prepared for pronouncing the decision, decision, if the cause were not this sort out of his hands would be pronounced immediately.

But alone sent upwards to /into/ the Inner House /superior judicatory/ in comes in takes it place in/ the an indefinitely long list of causes a list of about two years length at present [...?] /measuring/ space by time.

When at length it happens to it to be [...?] into consideration, whatsoever has been done in relation to it in the Court below, must take its chance of being imparted[?] /[...?] imparted[?] every [...?]/ each of the learned minds contained in the superior judicatory: In the superior judicature, had it but a single seal in it, and that filled by the most capable /able/ mind which the judicatory contains here would be so much time lost: but this /and [...?]/ most capable mind has to contend[?] with whatsoever comparative want of quickness and discursement[?] and not to speak of probity and good temper may to be found in the whole [...?] of his colleagues.

The more the cause wants of being /having been brought to a stage in which it is/ ripe for decision when thus turned out of his hands, the less it is true, is the waste of time. But to the waste more or less, a cause can never pass previously to decision out of the hands of one Judge into those of another without some such waste.