10 May 1807

Scotch Reform

Letter VI

Letter VI

III. Review Chamber

In /By/ the conclusion drawn /formed/ by the learned Memorialists respecting the efficacy of the above regulations in reducing the number of Appeals, I am thrown into no small perplexity, being not simply supported, but over-supported. "If these regulations" (say they) "were adopted, we are persuaded, that the number of Appeals would soon cease to be a grievance to the subject, or a burthen to the House of Lords."

That /Whether/ in my own edition the efficiency of these regulations in my own conception appear /fail of appearing/ in a very considerable degree greater /more extensive/ than in that given /published/ as above by these learned Judges /Memorialists/, Your Lordship will judge.

Well then: to begin with the burthen to the House of Lords, my own persuasion is that it is not in the power of these expedients of my own devising, to contribute to the value of a feather towards the lengthening of it. Why? The only class of appeals to which these expedients have any application are the malâ fide Appeals: and these Appeals in how great a degree soever they contribute to form /constitute/ the grievance to the subject, contribute nothing /little or nothing/ at all towards forming /in the formation of/ the burthen /form no part of the burthen/ to the House of Lords. The only Appeals that enter into the composition of the burthen are the Appeals that come on to be heard. But towards the diminishing the number of Appeals that come on to be heard I expect next to nothing, and sit down to account absolutely nothing, from the operation of my principle: taking the profit from the delay incident to appeals may be compleatly taken away, but this admission will not prevent a man from appealing /appeal, on the part of any man who expects to gain his cause by it. The Appeals and almost the only Appeals that will thus be prevented, are those which at present are not heard, but before the time comes for hearing either withdrawn, or for want of being prosecuted, dismissed. And these though not much inferior have hitherto been inferior in number to the others. It is this view of the matter that has suggested to me as an institution of indispensable necessity, the Court of Lords Delegates.