3 Jan y 1807

Scotch Reform │ │ To L d Grenville

Facienda

Causes mostly short

But in /by/ comparing the annual number of causes which having thus received their commencement are not brought on to trial with the number of causes which having thus commenced are brought on to trial, we may learn one portion of the aggregate number of causes in which, there being no fact really in dispute between the parties, there exists not in the defendant's side, any ground of defence, and the decision of which the abovementioned average length of time (viz.│ │ minutes) (a length of time, including /comprizing/ defended causes as well as undefended causes) would have been more than sufficient.

In the number of undefended causes thus brought before the Courts of technical procedure may therefore be seen a part of the number of causes in respect of which two not altogether uninteresting points are established:

1. That, had the /they been submitted to the/ Courts of natural procedure, the whole of the difference between the aggregate quantity of delay, vexation and expense attendant in the decision of them in these Courts and the aggregate quantity of these inconveniences /evils/ attendant on /attached to/ the decision of them in the technical Courts, being so much factitious delay, vexation and expense, created by the law partnership for its own benefit, for the sale of the profit extractable by them out of the expense.

2. That as to this number of causes at least, no such evil as that of misdecision, was in the nature of things to the prejudice of the defendants side at least, liable to take place and that therefore had these causes likewise been submitted to the cognizance of the natural Courts, no such evil as that of misdecision would have been to be apprehended at all in the Natural Courts, consequently in respect of this, no possible advantage, in the shape of security against misdecision can have been produced by the reserving[?] of these causes to the jurisdiction of the technical Courts to the exclusion of that of the Natural Courts - by the reservation made of these causes in favour of the technical Courts, to the exclusion of the natural Courts.