8 May 1807

Scotch Reform

Letter VI

Letter V

Recapitulation

The objects that appear to have been aimed at /in view/ - the functions in respect of which and appears to have been in contemplation to be given to the House of Lords in the exercise of their superintending authority over the field of judicature are 1. - prevention of superabundant delay, in so far as it may be supposed to have its origin in the multitude of Judges and the paucity of Courts: so likewise for the prevention of misdecision, in so far as the frequency of misdecision may be supposed to be increased by the multitude of Judges.

2. Prevention of misdecision seems to have been aimed at in that part of the plan which relates to /respect/ the introduction of Jury trial in civil cases, prevention of misdecision appearing to have been aimed at: but in that part of the plan prevention of superabundant delay seems scarcely to have been so much as aimed at. Many arrangements present themselves from which additional delay may be seen necessarily to flow: any arrangement by which any portion of delay will necessarily or probably be defalcated seems hardly to be found.