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29 April 1807
Lawyers judged
Art. 50. In the concluding article (Art. 50) the predominant regard for personal ease is neither dissembled, nor covered /vouchsafed to be/ so much as with a veil of common decency. Penetrated /Filled/ with /Full of/ the importance of this object not so much as a suspicion that the relative importance of it could subtend any lesser[?] angle in the eye of the people or of Parliament, could find places in those learned minds:
Enacted (they say) by the Bill that the Chambers (in number three) shall continue to sit (to sit alternately says the Bill) to sit in vacation from day to day, till the cases before them are exhausted. "With such a regulation" (it is observed) "the present system, without any change at all, would be equally effectual": but such regulation (it is added) "is totally inconsistent with that periodical repose, which the labourious fractions, both of the Judges and Counsel, absolutely require."
A periodical repose, necessary and to what amount? to the amount of half a year /six of the 12 months/ or the whole, 3 months at a time /at two periods of 3 months each/. This over and above every seventh day, that consecrated[?] day ordained by religion, and, in the case of other functions far otherwise and more intensly[?] laborious than the function of sitting upon a cussion to dispose of the fate of one's fellow-creatures, regarded by all Christians as sufficient and by non Christians as even more than sufficient to every good purpose. One fourteenth part indeed of that portion of holy day time indeed occupied (that nothing may be left unnoticed) one fourteenth part of the above[?] idle time of each learned Lords, as such times[?] as can be best addressed to aggregate convenience, bestowed upon the Bill-Chamber.
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Title: [27 Oct r 1807 L d Eldon's Bill]Description: 27 Oct r 1807 L d Eldon's Bill '.11 - assembled by President So much for the effect of those significant words, now as to the instruction that seems derived from them /they seem pregnant with/. Judging merely from what is public, if /were/ the question were put to me, what do you suppose, the Lord Presidents draughtsman means should be done, and if I were obliged to answer, my /the/ answer would be - nothing. Unless it be by encrease of salary, an operation to which nothing more than a few words without any such elaborateness of regulation would be necessary, in what shape can /could/ he be /any thing/ the better for any thing that could be done? Answer - in none. After or before or along with salary /the peculium/, what has he the greatest regard for /is it that sits nearest to his heart/? The answer has been given by himself (- his own case? his own necessary periodical repose: - that repose viz. of 6 months out of 12, which being acceptable to a person of exalted dignity and proportionable merit that he knows of, he concludes to be absolutely necessary to every other head or at least to every other which has learning in it /everything of jurisprudential learning to agitate and plague its periodical repose: - that periodical repose (6 months together out of the 12)/) "which the laborious functions, both of the Judges and Counsel, absolutely require." Supposing it now his intention /suppose it merely for arguments sake his intention/, that any such new body of regulations should be made which his draughtsman and what is more the Lord Chancellor's draughtsman he is determined it shall not be without a Court or Quorum assembled by the President, when would be the time for making them? Not the six months vacation nor any part of it: given to judicature, given to legislation, every hour misapplied in either way would be so much taken from that periodical repose which the laborious functions of the Judges, ... absolutely require. Still less from that only other remaining portion /half/ of the year, during which to such a degree are those learned persons fatigued and over-fatigued with the laborious functions so imposed upon them, as to require /the other/ 6 months to recover themselves.
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Title: [8 Feb y 1808 IV. Day of Sitting]Description: 8 Feb y 1808 IV. Day of Sitting The determination /decision/ of the Court of Session, I mean of the clever art of its 15 Judges is - that the Chambers meaning what the Bill calls the divisions of the Court, these[?] Chambers whether there be two or three of them shall "only sit alternately". What is the grand grievance? /One main grievance //At the head of the list of grievances stands this -// that the decisions of the Court of Session are years in arrear, and that it is in a way[?] to measure[?] /the arrear there seems no bounds to its probable measure[?]/. Such being the grievance nothing can be more obvious, more effectual /infallible/ than the remedy. Instead of one judiciary, establish two, both sitting at the same time: each having but half the business to do in the same quantity of time, the quantity of time applied to the business will be the double of that it is at present. Of one judicatory the number of which are determined not to preserve the repose [...?] for almost [...?] end two months together, the quantity of time allowed as not sufficient for the business /the quantity/ which calls for it: but it is not so far from sufficient but that double the quantity of time would be compleatly so - since[?] then the numbers of the one judicatory will not give up any part of the time dedicated to repose, establish two judicatories, both /each/ sitting at the same time with those[?] on which the one judicatory sits at present. By this means the quantity of time applied to the business will be exactly doubled.
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Title: [28 March 1808 Letter V Power]Description: 28 March 1808 Letter V Power to Session Rotation In London, six hundred pounds a year is found sufficient to [...?] in so far as depends on official attendance throughout the year, an uninterrupted course of judicature /administration of justice/, in a /system/ two-seated judicature, three judges being allotted to each judicatory, with an allowance of four months of repose to eight of duty /labour/ to each Judge. At Edinburgh the same quantity of remuneration would, unless money has less value at the northern metropolis than in the Southern be sufficient to secure[?], so far as depends upon continuity of attendance, the same compleat fulfilment to this one[?] at least one of the ends of justice. Six hundred a year is actually allotted and with no inconsiderable addition, the prospects of which in other accounts I mean not to dispatch. This continuity of attendance, if it be thus purchasable where[?] the sum of it has in a place called a Police Office as in an Outer[?] House[?] or a Bill Chambers in the Court of Session would be purchasable without any [...?] difficulty that I am able to discover, although the sum of it were to be in a different room, such as a room called an Inner House in the same edifice. But it did not accord with but the pleasure of the Right Honourable person who presides over the 15 learned Judges in question to give any such degree of fulfilment to this end of justice: in himself, in his own particular person, he himself was in possession of six months of perpetual /altogether undisturbed/ repose in two portions one of four months, the other of two months, [...?] two /contiguous[?]/ days out of every seven, and it was his determination not to give up so much as a single hour of this periodical repose to the [...?] which they might to the justice[?] and to the people of Scotland in the character of official [...?...?] suffering[?] ends[?] injustice. +Memorial. art. 50
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