date

21 Oct. 1807 Eldon's Bill In
21 Oct. 1807

Eldon's Bill

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?

In Scotland could the learned Advisor have had the slightest colour of reason for expecting the smallest /slightest/ relaxation in the effective /operative/ force of those same causes?

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?

"In the manner ... hitherto practiced" among these Ministers and Guardians of Justice, in every twelve months for so many ages has not Injustice had six months together to range in /to do its work undisturbed/ /without let or disturbance/, while official indolence was enjoying its six months holiday?

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
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    No, not a single hour of their six months holidays do they offer to give up /can they indure the thought of giving up/: content to remain, and to their lives end, the habitual and not now at least [...?] instruments and accomplices of depredators /the depredator/ and oppressors /the oppressor/, throughout the whole extent of that kingdom which /throughout/ by the most solemn of obligations they stand bound to maintain justice.

    Feat Justitia, ruat coclum[?] was the [...?] brought forth by their noble /illustrious/ Countryman and Colleague in one of the most /the most/ brilliant and exquisite effusions of rhetoric /oratory/ ever heard in the chief seal of English judicature: [...?] test less remarkable for its absurdity and mischievous [...?] /confounding the most fundamental and important [...?]/ than, for its impressiveness, and stage effect and delusive glare. This profession may in the profession made by these head ministers of Scottish judicature /justice/ find a sort of catechritical[?] parody. Feat injustitia, ruat terra.

    In the [...?] catalogue of prophecies may be found not a few, the fulfilment of which has by the zeal of the editors been rendered somewhat more clear in the margin than in the text. But there /one/ is, the fulfilment of which, has been every where but too general and incontestable, has no where surely ever received so decided and explicit an accomplishment as, under the eyes of the learned Advisor it has thus been [...?], at the hands of these official lawyers /dispensers of pretended justice/. "Wo be unto ye lawyers:"  finish the sentence.

    Such are the men to /in the activity of/ whose zeal for the discharge of their official duty, as well as in the profundity /depth and comprehensiveness/ of their wisdom the learned Advisor has been advised to place such implicit confidence!
  • Title: [10 May 1807 Scotch Reform Letter]
    Description: 10 May 1807

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    Letter VI

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    What that state of things is which in the eyes of those learned Judges does not constitute a grievance to the subject since of the remedies they propose there is not one that bears any distinct reference to it, it may be a matter of curiosity at least to have from the Faculty of Advocates and their Committee, on the supposition that the picture they have drawn /drawn by their experienced peers[?]/ bear any resemblance to the original "The Court" (p. 20) within "these 20 years past, became confessedly incapable of executing the business of the country: - from the number of causes that remain undecided, an immense arrear incurred, unexampled at any former period, and from the continual accession of new business accumulating daily to such a degree, as the Court - in its present form, can ever discharge."

    In such a state of things, what is /where to /wherever/ are we to look/ the object of anxiety of these ministers of justice? that justice shall cease to be denied? - No: but that none - no not the least disturbance be given to "that periodical repose" viz: if two partions of 3 months each out of the 12, "which the laborious functions, both of the Judges and Council, in the decided and concluding opinion of these salaried Ministers of justice absolutely request." And to what end? - to the end that such of them as find a pleasure in doing nothing may have nothing to do: and that such of them as contemplate pleasure or profit in the making of books, may make books, [...?] of the books that have been made by their predecessors. That accordingly any /every/ such oppressive provision of that "of the Bill which" enacts that the Chamber shall continue to sit from day to day till the cases before them are exhausted." may be supposed.

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  • Title: [28 March 1808 Letter V Power]
    Description: 28 March 1808

    Letter V

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    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