25 April 1807

Letter V

VI Bail-baiting

II. Facienda

/Confined even/ Even of this small grace my expectations are further from being sanguine than Your Lordship will easily conceive. From Your Lordships learned adviser consent is altogether helpless. Examination in full Court as well as open Court: subandito[?] not Attorney only but Counsel fixd as in Westminster Hall for opposing and examining said Bail. But in Westminster Hall as Counsel is found necessary for opposing Bail, so on the other side is Counsel for justifying Bail. i.e. for moving[?] that Bail may justify. In the Westminster Courts before a single Judge, sitting in his Chambers, Counsel are not commonly employed: altercation is confined to the Attornies. Were the business turned down to a Lord Ordinary, his Outer House thus filled would shew itself as standing on a level than the chambers of an English Judge.