JB/091/226/001

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15 Feby 1808

The exclusion thus put upon the faculty of appeal might
have a shadow, though nothing better than a shadow,
of plausibility, if the case were that the Judge judicatory from whose
cognizance the suit is thus excluded were a Judge of an
inferior class, and in such sort inferior, the expectation of a sufficiency of that appropriate
learning on his part could not reasonably be entertained:
as if the observation were – this is a cause of too much great
importance to be trusted to a Sheriff-Depute: of too
great importance to be trusted to any Judge under the degree
of a Lord.

Even then, the reason would be no better than a shadow:
you, it may Admitted, that is at least for argument sake, if the
option were between the Sheriff Depute to the exclusion of the
Lord, and the Lord to the exclusion of the Sheriff Depute.
But the if the supposing the cause left to remain upon the list
of Outer House causes, what would be the effect of such
relinquishment? not to But it is not by having
the cause to remain upon the list of Outer House causes
that any an exclusion is put upon any judicatory.
But if once there be a any judicatory there be in which one that in
any such way stands excluded from the cognizance of this or
that species of cause, by what is it that the exclusion
is put? Not by having the cause in the general class
and condition of Outer House causes, but by taking it out
of that class and putting it into the condition of an Inner
House cause.

Identifier: | JB/091/226/001 "JB/" can not be assigned to a declared number type with value 91.
Date_1	1808-02-15	Marginal Summary Numbering
Box	091	Main Headings	scotch reform
Folio number	226	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c3 / d20
Penner	jeremy bentham	Watermarks	th 1806
Marginals		Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	29222
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