Jan y 1808

Homologation necessary

Jury Trial required

As to Jury Trial, I have already stated in what case /on what conditions[?] //[...?]/ I regard it as a blessing to Scotland, in what[?] others as are[?] additional nuisance: a blessing if mounted on the natural system of procedure, an additional nuisance if mounted on the existing modification of the technical one /system/

Among the points /questions/ of which the Great Seal Commissioners are on this subject /occasion/ to take cognizance one is in what manner and form the same[?] could be most usefully established.

On the point, any opinion such as it is, is perfectly decided. On the suggestion of the introduction /universal extension/ of the natural mode of procedure (and so far as concerns the business of appellation from judicatory to judicatory, Appeal according to the practice of the House of Lords may be stated as a part[?] and sample of the system of natural procedure) on this supposition, the settling of the issue by /under the [...?] of/ Judge [...?] may be stated as a temporary [...?], the best course that antecedently to the performance without are ulterior and still were extensive as well as important task, can be pursued.

But to employ that blessing to the best advantage, and to cut up by the roots that mass of [...?] and litigation to which the application of Jury trial as above to the rule of action in its present indeterminate state would be apt to give[...?] requires the performance of that ulterior task, the necessity as well as facility of which is matter of conviction /the fully [...?]/ to any [...?], but the demonstration of which will require more words than can with consistency be allotted to the present head.