date

20 Oct r 1807 Eldon's Bill
20 Oct r 1807

Eldon's Bill

'.4. (1) ( dispatch of business during the time of Session)

Dispatch of business - the object thus placed in close contact with the limitative clause, the purpose of which if it has any is to counteract it as the object that calls forth this note.

Dispatch of business the declared object and only /sole/ declared object of this section - dispatch of business the declared object and only declared object of the whole Bill - and /now that for/ the first time any application is made of it close in contact with it is stuck on a clause that has no other effect than to limit /obstruct/ it: to limit it, and to what use /good purpose/ let any one imagine.

(The time of Session is but /lasts but for/ six months out of the twelve: six other months are /composes/ the time allotted to the reign and triumph of injustice.

Denial of justice, a general /generally extensive/ and regularly established denial of justice the duration of it extending to several whole years - a denial of justice confessed by the diners [...?] and loudly complained of /proclaimed/ by /on the part of/ the sufferers being the grievance and dispatch of business the appropriate remedy for the grievance being the professed object, what is the first care? not too much should be done for the attainment of it.

"The time of Session" - the time allotted for justice - lasts but six months out of the twelve: six other months compose the time allotted to the reign and triumph of injustice.

Such is not mans care when /where/ justice is really an /the/ object. Such was not the care of Edward the 3 d's Parliament +, when traders being the class of suitors in consideration - (all traders without exception or limitation, and not foreign traders only, as the learned and astute editors of the Statute Book with its marginal contents would have it thought) the will of Parliament was declared that right should be done not only day by day, but hour by hour... so that the /those/ suitors should not by malice be deprived of a sufficiently speedy remedy.

+27 E.3 p.2.c.19. A o 1353

(for while this object was assigned to the proposed "new arrangements none at all was assigned to the proposed regulations, "the regulations touching appeals")
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    Now then suppose that out of the twelve months at present appropriated to injustice a portion more or less had been defalcated /stolen/ to the use of justice: where would have been the great harm of it?

    And moreover admitting the harm where would have been the danger - the probability of it?

    Ask if the Lord President, with the /his/ the learned Brethren who joined with him in the presentation /offer/ of the Memorial, set[?] down to a Petition when /before it was/ received by the House of Lords.

    What was the object of their care /the declared object of their anxiety/? lest the six months consecrated to injustice below, to idleness above so much as a single hour should be revisited[?] unsupplied to any such bad purpose as the purposes /ends/ of justice.

     Such[?] their words.
  • Title: [28 March 1808 Letter V Power]
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    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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    In Scotland is it not to a similar state /similar causes/ of things that the lieges are indebted for an immensity /an aggregate length/ of factitious delay, with its inseparable accompaniment of expence still more boundless and afflictive?

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    But a few months before the commencement of his learned labours had not chance co-operating with indiscretion, put him in possession of fresh /freshest/ and the most positive and the most conclusive evidence to the contrary?

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    For near three years last past have not the /law oppressed part of the/ good people of Scotland been groaning under a regularly established denial of justice in hopeless and speechless agony? Has that part of the mass of grievance any other cause, than the paramount care taken by these Judges of their own case /repose/ the imperturbable indifference /serenity/ with which this mass of misery of their own creation has all along been viewed by them? Have not ten of these Ministers of Justice joined with their President in the assurance /profession/, the solemn and deliberate assurance /profession/ - of their consciousness that for the removal of the grievance - that grievance without /but for/ which the genius /public zeal/ of the learned Advisor would never have received this call, sitting in Vacations from day to day till + the paper of causes were exhausted, would of itself be sufficient without other changes: but that it must not be thought of, as being inconsistent with the requisite repose.

    + Art. 50