§ Lord Grenvillemoved for leave to present two bills for the amendment of the Judicature of that part of the united kingdom, called Scotland. His lordship stated, that there was nothing new in his motion, for that these bills were presented pursuant to resolutions passed in a former session, and which resolutions were framed, proposed and passed, with the avowed determination not to take the people of Scotland by surprise, but, on the contrary, to afford the most ample opportunity to that part of the united kingdom to deliberate upon, and maturely to consider the necessity and importance of passing the bills here proposed, without any unnecessary or further delay. If any delay had occurred in the passing of these bills, it was not the fault of the mover of the resolutions, in which it was expressly provided, that these bills should be passed in the present session, as their great and expedient advantages were called for, upon the admitted defects and insufficiency of the present mode of administering justice in Scotland. The titles of these bills were, a bill for the Amelioration of the Administration of Justice in Scotland, in certain Civil Causes, by the trial by Jury; and a bill for the better regulating the court of session in Scotland.
The Lord Chancellorstated, that he was a friend to the principles of these bills, but that great difficulties having occurred in some of the clauses therein, he had proposed another bill, which he hoped would stand clear of several objections in the noble lord's 667 bills, or resolutions, and which bill, the lord Chancellor stated, he would bring forward in the next session of parliament, it being manifestly too late to introduce such a subject in this.
§ Lord Grenvillereplied, that as the subject of these bills was fully and universally understood, and imperiously called for, to put an end to an admitted and crying defect in the administration of justice in Scotland, there was abundant time for passing these bills, which had been so long considered and adjusted, unless it was the object of his majesty's ministers, to have, for their own convenience, dissolved the late parliament, and to make this so short, as that no efficient or important business could be done in it; which intention of the ministry would be fully evinced, by the result of this question, in rejecting, or even postponing these bills.
§ Lord Hawkesburysaid, he felt himself warranted in insisting on a notice, previous to the bringing these bills forward, although he felt no difficulty in asserting, that the great body of the Scotch nation were not for the change proposed.
The Duke of Atholstated, that he had taken care to make inquiries upon the subject, and found that it was not the general sense of the people of Scotland to have these bills passed at present.
The Earl of Rosslynstated that it was the general and prevailing sense of the country, that such bills were necessary, and that he wondered to hear such a change of sentiments in those noble lords, who in the last session were such strenuous approvers of the measure.
The Earl of Lauderdalecontended that these bills should not be postponed, on account of the act of the ministry, in dissolving the late parliament; as such a dissolution, unnecessary, in his opinion, caused much delay to many measures of urgent and important necessity. He stated, that the sense of that great and enlightened body, the Scotch bar, had been taken upon this subject, as also that of the commercial and mercantile interests of that country, which were in unison with the noble mover for the expediency and necessity of the speedy passing of these bills.
The Duke of Atholagain rose,and stated, that notwithstanding all the noble earl had said, he knew that the present measure was not the universal or general sense of the Scotch nation— The bills were then read a first time and ordered to be printed.