HISTORY OF EUROPE. 



171 



House of Peers ; namelj-, the ne- 

 cessity under which suitors were 

 placed, when answering the alle- 

 gations of their opponents, of first 

 taking out copies of all the elabo- 

 rate pleadings required to be en- 

 tered by the other side, as records 

 of the court, before they could 

 proceed to any replication by plea 

 or evidence. These pleadings, in 

 some instances that came within 

 his own knowledge, amounted to 

 a volume of 1,500 pages. He had 

 known instances where, though 

 the sum in litigation did not 

 exceed 200/. or SOO/., the fees of 

 the court alone amounted to 500/. 

 or TOO/. ; and one, in such a case, 

 to 1,500/. Such an arrangement 

 had long prevailed in the practice of 

 Scotch courts, for no other reason 

 that he could see, than to create a 

 fortune for the Scotch lawofiScers.* 

 But it was a bar in the pursuit of 

 justice wholly insurmountable to 

 all suitors in ordinary circum- 

 stances ; and even where a suitor 

 was successful, if his antagonist 

 chose to appeal to the House of 

 Lords, he could not proceed with- 

 out taking out complete copies of 

 the proceedings in the courts be- 

 low, although not of the least use 

 to him, nor competent to furnish 

 any new light to his advocates be- 

 fore the higher tribunal. This 

 intolerable tax on the justice of 

 the country argued the necessity of 

 introducing the trial by jury in 

 civil cases. — Mr. R. Dundas said, 

 that this measure could not be 

 adopted without a most important 



alteration in what had been the 

 legal practice of Scotland for three 

 hundred years ; and, therefore, 

 that the house should wait delibe- 

 rately to hear the final opinions of 

 the commissioners appointed to 

 discuss the subject, and examine 

 it in all its bearings. The opinion 

 of Mr. Dundas was supported by 

 the chancellor of the exchequer. 

 The bill for granting farther time 

 to the commissioners on the Scotch 

 judicature bill, was passed. — A bill 

 was also passed this session for 

 augmenting the salaries of the 

 English and Welsh judges : of the 

 former, for an augmentation of 

 1,000/. a year; of the latter, an 

 augmentation of 300/. a year. 

 Nor were the poor clergy altoge- 

 ther forgotten. On the 7th of 

 June the chancellor of the ex- 

 chequer, b}' way of pledge that 

 the relief of the poor clergy would 

 be ultimately- reduced to a system, 

 moved in the House of Commons, 

 " That a sum not exceeding 

 100,000/. be granted to his ma- 

 jesty, to enable his majesty to pay 

 the same to the governors of the 

 bounty of queen Anne, for the 

 augmentation of the maintenance 

 of the poor clergy, according to 

 the rules and regulations by which 

 the funds of that corporation are 

 governed ; and that the said sum 

 be issued and paid without any fee 

 or other deduction whatever." 

 This resolution was agreed to una- 

 nimously ; at which the chancellor 

 of the exchequer expressed much 

 satisfaction. Suggestions for im- 

 provement 



• In feet, the Scotch lawyers and law officers do amass larger fortunes, in pro- 

 portion to the wealth of the different countries!, than are acquired iii England. If 

 so great a proportion of the land in Scotland were not locked up by entails from 

 the invasion of industry, the greatest part of the country would, by tliis time, have 

 ]ia»sed into the hands of lawyers. There is so much writing in the Scotch law, that 

 all the men of law, except the judges ami advocates, are called, not attorneys, or 

 solicitors, or agents, but writers, i. e. scribes, or copiators. 



