20 May 1807

A2

Letter V

VIII. Appeal list mutilated

I. Deficiencies

The question being whether on this occasion any and what documents shall be called for, it seems to me that had it been my lot (pardon the extravagance of the supposition) to have stood in the place of Your Lordship's learned Adviser, I should have reasoned in some such manner as the following -

1. If we are to form comparisons, and to have the English and Irish Appeals to confront with the Scotch Appeals, let us not be misled by names, but to match with the Scotch Appeals, let us bring forward all the English and Irish Appeals without exception, howsoever they may happen to be denominated - Appeals, Writs of Error, or by any other name.

2. Appeal supposes necessarily two Courts: - the Court à quâ (as they call it) the Court from which the appeal is made; and the Court ad quam - the Court to which the Appeal is made.

Confining our view to Scotland, and in Scotland to the Court of Session, both these objects are necessarily comprehended in an account: call for the list of Appeals presented to the House of Lords, (viz. from Scotland) call for the list of Appeals presented from Scotland (viz. from the Court of Session) the return will be the same.