24 Dec r 1807

Scotch Reform

3 3

Letter V

Ch. │ │ Omission Causes

But by the influence of what cause is it, it will be asked, that the natural proportions are so strangely reversed? Answer - plainly by this - that in the minor kingdom the state of judicature falls in so great a degree short of that degree of matchless perfection which by the universal consent of all nations, at least of all Englishmen, who give more credit to the assurances of Judge Blackstone than to their own experience, it has attained in England.

Therefore, my Lord, move boldly for a return of │ │

and fear not /you need not be apprehensive of not witnessing/ a triumphant result.

But in the wording of this motion two rocks must be observed with the most religious care.

One is in calling for Appeals to avoid all mention of those which in the technical language happen to have received the name of Writs of Error. In Scotland all Appeals presented to the House of Lords are called Appeals: In England the only Appeals on which that denomination is in technical language bestowed are those which are presented from the particular species of Courts called Courts of Equity, or from those others, of which happily there will be no need to take notice, inasmuch as the paramount Judicature to which they are presented is not that of the House of Lords.