May 1807

Scotch Reform

Letter VI

Letter VI

II Jury Trial

II Jury Trial - System of Procedure - Jury Trial

For the mode of procedure, I proposed in the first instance the natural system as exemplified in the Small Debt Courts mentioning also the other Courts by the practice of which this natural mode of procedure might so easily be extended to civil cases of all sorts and sizes[?]. In the case of Appeal on the ground /question/ of fact, and not otherwise, Jury trial.

If instead of natural procedure, Jury trial be to be had in no other condition than that of its being mounted on the existing Scotch mode of natural procedure, Scotland can[?] in my conception would be better without it than with it: in regard to delay, I see how it would add in a variety of ways: how it would strike off any thing in any way I do not see. On the sum of delay, vexation and expense, and thence denial of justice, in the comparatively many undisputable causes, it would do more disservice to the ends of justice, than in the sum of prevention of misdecision in the comparatively few disputable causes it would do service.

As to the natural mode of procedure, the 11 Memorializing Judges are of course silent on the subject. But the Lord President, by whose views as derived from his station, the opinions of his 10 colleagues have plainly been directed /evidently been led/, had already as I have shewn so much at large signified his approbation of the natural system in the warmest terms: viz. to the extent of ,5[?] value reprobating /rejecting/ it as soon as the value rises to ,5.1: but without reason assigned and assignable.

On /Upon/ the Jury trial which has /had/ never been proposed to them but is in mounted in the existing technical system, the same learned Lords they pass a vote of rejection purely and simply: and thus far my reasons have their authority for a support.