date

29 Dec r 1806 Omissa Representations
29 Dec r 1806

Omissa

Representations

Once more, what is actual is possible. Even in the Outer House, there are cases in which it has been found necessary t learned Lords to act the part of the deaf adder[?], and the learned advocate, chance he [...?] so easily, could chance in vain. The wax which forms so efficient /good/ a bar to the Syron's[?] ring in those particular cases, could more of it be found for any of the others?

Again. If representations, in two series, one infinite the other finite be so necessary to justice in the Metropolis what is there that should render it less so in the Provinces. Without any special inquiry, that representation under that name or some other are heard in the Sheriff's Court, I can scarcely bring myself to doubt: principis ad [...?] unless so it should have happened that their Lordship should have thought fit to reserve that fountain of infinite wisdom for their own use /private drinking/. Still however in the Sheriff's Courts, there exists that deplorable deficiency - the want of an Outer House to elaborate and propose the matter (for that is the phrase) for the digestion of the whole[?] Sheriff: consequently if, in [...?] imperfectly organised parts of the establishment, there be any such assistance to justice as is /are/ afforded by representations after judgment passed, there can be not one set of them instead of two: unless the Sheriff Dipute[?] anxious to supply by improved wisdom /fill up from the fountain of superior wisdom/ the gaps left by original and barbrous experience, should have filled up two rooms, or in default of /two/ rooms two chairs, giving to the one nearest to the door the stile and title of the Outer, to the other that of the Inner House.
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    At every step, I take, my Lord, I find myself attacked by the ridicule that attackers in the attempt to prosecute and try by the rules of justice, practices[?] that never could have recognised any such authority as that of justice: I feel a plea to the jurisdiction, opposing itself to a [...?] to every step.

    This infinity in the scenes[?] of Representations and shillings, if the scene of it lay in the Inner House, the would /might/ be a more colourable /a somewhat better-coloured/ cloak for it. Escaped out of this Court the cause will have a long way to travel /journey to take/, all the way from Edinburgh to London, good Your Lordships [...?] as one more, save[?] us so long a journey if it possible. No such thing: in the Inner House only /alone/ that it remains infinite. Dissatisfied with what has been done in the Outer House, raise your voice a little and without having a step to stir for it, you might be heard in the Inner House. One series may be found[?]: but first there must be an infinite one.

    One reason perhaps may be this. Were the longer series /Had the Inner House been the scene/ of the longer series, the task of lengthening it would have required the concurrence of the " whole Lords" which the shillings would either have been to be divided /[...?]/ into 115 parcels, or mor probably gone into some one pocket into which there was no opening but into the pocket of some one of the learned foresaids. But in the Outer House, the shillings go /fall/ in [...?] plump into the pocket of one officer called the Lord Ordinary's Clerk, through which there is a [...?...?] constantly opening into that of his master.
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    Description: 29 Dec r 1806

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    If inconsistency were a rarity, if in the technical system take it from top to bottom, there were any thing else "the inconsistencies that in these Outer Houses stare you in the face in every part of the structure of these Outer Houses, there is something that would be really amusing. Two classes of causes /Those │ │ Causes divided into │ │ classes/.

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    Description: 29 Dec r 1806

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    Abuse 1. Representations boundless /in an infinite series/: After judgment pronounced in the Outer House by the Lord Ordinary, applications /representations/ praying for /insisting on/ a removal or alteration of the judgment entertained by the same individual in an endless succession, under the name of Representations.

    In the Appendix, should Your Lordship's patience [...?] so far, in a section appropriated to this very subject in a chapter inserted for the purpose of giving a few samples /in which a few samples are given/ of the corruptions /corruption/ planted in the system of judicature /truck[/] of judicature/ by the fee-gathering system, thus, as being among /presenting itself as one of/ the most facted[?] served to close the list. To the observation therein made /contained/ a closer survey directed to the judicature /judicial system/ of Scotland in particular has suggested a few additional remarks.

    In regard to the number received /listened to/ of these successive representations /[...?]/, any of which would of itself have been sufficient to constitute a reasonable abuse, I could at that time only speak in general terms. Now in the work of one of my

    Co-annotators, I observe two stated as the number which had fallen within his own observation: but that /were it[?]/ number he found an addition made by the reports of others. Not being comprized /launched/ in the authoritative collection of decisions published by the faculty of Advocates, [...?] anecdotes of this sort transpose[?] only by accident. In one and the same cause, among practisers[?] /Advocates/ it may have witnessed [...?] such representations, and B never have heard of any such thing.