18 May 1808

Ch. V. §

I. Reasons

Ch.V. Advantages

§.│ │ Jury trial extended

§.│ │ Advantage the │ │. Jury trial extended. {The extent given to Jury trial not limited as in England.}{The extent given to Jury trial increased.}

1. I mean not on this occasion to attempt to prejudge the question whether under any, and if on any on what conditions it be desirable that Jury trial in

civile should be received in Scotland. If Jury trial be admitted, the object of this plan is to give the utmost extent possible to the advantages derivable from it - to reduce within the narrowest pitch possible whatever inconveniences may be liable to result from it.

If Jury trial be not admitted, the object is, so to order matters, that the want of it be as little felt as possible.

But if upon the whole the influence of it be advantageous to justice, I speak always of Scotland, the object should be to give to that beneficial influence whatever extent it may be susceptible of. In England the benefit of it is confined to causes of certain particular sorts of causes. But if with equal benefit to justice it be applicable to causes of other descriptions, any disadvantage which it may have happened in England to labour under in this respect, affords no reason why Scotland should be subjected to the same disadvantage.