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    shottkl 4 appoint commissioners to ex-^ . ipiinje lii > to that ,,, grave and weighty subject , ;} and ta report , to the > King % iul tt * e two Houses of Parliament . Among other things , the commissioners were to be calJed upon by the \ Act ; pf Parliament to inquire into the fitness of introducing trial by jury in civil causes into the Scotch judicial

    establishment . In the month of May , 1810 , the commissioners reported on thajt subject , stating , that if care was Aaken ' that no alteration of our municipal law was made by such institution , the enabling- the Court of Sesh \ on to direct issues of fact to be tried

    by . jury , n > ight afford a safe foundation on which important experiments might be niaide . " , * jThi ^ Report lay untouched for seffiral yjear % , But ii \ the interval beio&een making this Report in May , ' Ad 10 , ; and tbe close of the session of

    Parliament , 1814 , many cases had ocjC ^ rrjed in * the House of I ^ ords , moving entirely on matter of fact , accompa-Inicd with long printed proofs , calliug jupon the Supreme Court of Appeal , tfrhicb should only be required to

    deeide matters of law , to perform a duty not properly belonging to it , by deciding cases resting upon intricate * 4 ifh > ult , and ill-proved facts . This j ^ reated . observation in the House of Jb&rds , out of which the statute grew , under which this Court sits , and from

    wliich it derives its authority and constitution . It is to be observed then , that the great jdistinguishing feature of this pftgibunal is , that it is the first duty of its Judges so tQact , as not to disturb

    tin any respect that ancient and admirable system of the municipal law of rScot ^ and , handed down to vis by our ^ ancestors , and secured to us . by the JiActof Union , constituting , as it were ,

    a chatter * for the preservation of the jurisprttdential system of Scotland , It shall be my peculiar care , as it v nry duty , to walk in this course ; s , an < 3 however I may distrust nay own ifthilitVv-l feel assured I shall be able

    jtajd&'it * vith the assistance of your * hardships . > .. » i , oEhe object then , of the law under * niueh fl wfli ijjt , is to receive and . tfy issues directed by the decision of the ^ tf ^ Utt , of Session , ^ yhereiiuinat ^ rs of < foKit 4 i ^ e to ibe prayed by tbe ii ^ ryen-^ t ** bof a ^ jurSr-

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    for this purpose ^ vn alj the conntriei whu&k spea , k t ^ ajaogju ^ ge , ^^ s p ^ t . It is of ; a . tradition ^ a » bigh , th ^ tJS . thwg , i » kwowactf its ^ gin , ; St ^ a perfection so gre ^ t for ite object and - ^ a

    purpose , that it has remaine ^ ^ . abated vigour and purity ' . fronft-jti commencement tot ^ ie present ^ tipqe . It is the character of a ^ ot ^ er ^ stitutions for the investigation of { Lm »

    tQ have become inadequate fo * their end * It is the c | iaracterx > f t \ i ^ mix , ^ tribunal , yv&erei a Jury decide on the facts under the direction of a couif , to have preserved itsf original perfection unabated . Tti ^ se extraordinary and important features of durability

    and perfection seem tp arise put , of causes which it may i ^ ot be unii t ' state upon the occasion of introducing it into the administration of civil ju $ . ' tice in Scotlaud . They are tie natural results of its modes of acting . It is to be observed , first , that , it

    can only proceed by settling « f a clear distinct issue to betHec ^ The ad ^ - tage of this is manifest , it ot ^ iges the directing Court to compel tl ^ e partjea to precisioii , and relieves ; , the causes to precis ! oil , and relieves ; , tpe causes

    at the coramenceme ^ qf Jitigation from all dispute a * to what tlje ques tions are between the parties * 1 % f iables the proof tp bje ^ iade fclearfy ^ applicable to those questions . , n . ' It requires no more enlarged ,

    atatement to enforce the advantages otw » effect of the trial i > yjqry ^ . ¦ , Secondly . It adds n cas ^ l fa per manent tribunal ; and , J > x ^ i f ^» g and re-acting on each other , the

    natural qualifications of botfy are improved , and ( heir defects aniericved f The great featu , re of the , ca ^ a ] pjtft of the tribunal ^ itlie Jury , is lfstjppg constituted and assembled , in a j ^ auner ( as far as human wisdom can

    ,-accotnplish any end ) to ^ ecqre impartially and perfect indifference s \ n tJi « causes to bo tried by it . ' It is chosen froin ^ among the peflp' * « t large , according tQ . a cer ^ aj ^ . q ^ - lification , insuring the edyc ^ t i ^^ understanding necessary for the fluty

    A certain number are returned , gr ^ wer . than the number , reqw | red to 4 $ > as you thirty-six Ge ^ tiexn ^ q ane jf , ^ returuedJiere , to try the a ^ pp iqip 1 ^ sj jues . The return is made by «» e sherifif , a magistrate pf ^ ighj fank , ^ u | i aGfWaWtp i Wff b , ap 4 y ^ tej ^^ J " UiepaKie ^ having nO / ^^ e ^ ft w tjiifin j and ^ lien rc ^ rr ^ * wi 01

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    146 Neio Jury Court of Scotland .

• Citation
  • Monthly Repository (1806-1838) and Unitarian Chronicle (1832-1833), March 2, 1816, page 146, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/mruc/issues/vm2-ncseproduct2450/page/18/