16 May 1807

Scotch Reform

Letter VI

Letter VI

V. Authoritative Plans

As to the (remaining) Inner House, with the remaining 7 judges which the majority of the 15 propose to have in it, Your Lordship is already apprized of the considerations which represent it to my view as not better than a nuisance: one intermediate stage of judicature betwixt a lower judicature and the House of Lords, a Chamber of Review still, only comprized /though built out/ of the old materials without the addition of any new.

your Lordship, as an Englishman can /could/ hardly regard it as a very serious deficiency. that between eight /8/ Chancellors all sitting upon a [...?] in so many different Courts there should be not intermediate Court of Appeal interposed between these Courts and the House of Lords. Between our Equity Courts and that highest seat of judicature, there is no such half-way house. In Chancery, in the Exchequer, does Equity make its progress /get forward/ at too quick a pace?

But the [...?] lies not in England but in Scotland. And the majority of the learned Memorialists, with all their abhorrence for the proposed, new-fangled Court of review, insist on having one, so it be comprized of the old materials. Humour them, my Lord, if /that in/ your Lordship's judgement, the lieges join with them in their hearts /join with them/ in insisting upon it, and not otherwise.