[...?] Feb y 1808

on L d Eldon's Bill

Letter VI

Omissa & Facienda

II. No Inner House[?] Causes[?]

By the last consideration the word[?] is led to

II. [...?] the 2 d. No Inner House Causes.

The consideration which in the character of reasons /a reason/ call for the establishment of this rule, have already /has just/ been brought to view in support of the preceding rule.

In the practice of the Court of Session /in most/ causes have in this point of view /to this purpose/ been distributed into two classes. Class the first - Outer Houses - causes which must in the first instance be presented to a Lord Ordinary sitting in the Outer House or Bill Chamber:[...?] the 2 d Inner House causes: causes which can not in the first instance be presented to a Lord Ordinary, but must be presented in the first instance to the whole Lords sitting in the Inner House. Outer House causes are those which taken in the aggregate cover by far the greater part of the whole extent of the field of judicature: taken in it whole extent Outer House causes form /[...?]/ the class of which the matter /subject/ of the general rule. Inner House causes constitute /stand but as/ so many exceptions to that rule.

By what principle, if by any, has the practice been governed /guided/ in the determination /selection/ of these exceptions? Not improbably /Probably enough/, not by any: like the rest of the system, by fraud and accident, combined in indiscernible proportions. But if by any, by the principle abovementioned, viz. the notion of superior /extraordinary/ difficulty or importance.