date

21 Oct r 1807 '.5 Eldon's Bill
21 Oct r 1807

'.5

Eldon's Bill

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!
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  • Title: [21 Oct. 1807 Eldon's Bill In]
    Description: 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
  • Title: [20 Jan y 1808 [...?] Appeals]
    Description: 20 Jan y 1808

    [...?] Appeals

    Lastly came the plan of the [...?] Remoralizing[?] Judges. The occasion called for existing and existing[?] ever accordingly made. In his zeal to climb /In climbing/ up the hill of reformation it had happened to Your Lordship's learned Advisor to tread upon the toes of the Lord President. The offence /[...?]/ was an [...?] /wound [...?] [...?] was an unsupportable/ one: it was to be healed and if possible, and arranged[?] at any price.

    During the course of a whole century, a system of judicial abuse, to which nothing taken in the aggregate, nothing, not even in English judicature [...?] afford[?] in parallel, had given up under the management of that judicatory over/in/ which the Right Honourable and most learned person so worthily presides.

    So long as /In all that time/ nothing was done /said/ above, nothing /as little/ was done below /all was silent all was still/. To what could any thing done there /brought forward by every such honoured[?] hands/ have heeded[?]? to nothing but to the undoing of their own work: to nothing but the disturbance of this "repose" in continuance of which the ends of justice /justice and its ends/ was so compleately dev[...?] of value.

    But doubts favourable had been conceived with regard to the power of the Court of Session to apply /was it[?]/ a remedy to its own [...?]. - Of the power of creating them there never has been any doubts: when a call is heard for the removal of them, they start up his[?] doubts.

    In the character of suitors laws were /have/ imposed upon the people by these /a quorum of/ 15 nominees of the Crown been imposed upon the people without so much [...?] priority of parliament. About this point there have never been any doubts.
  • Title: [8 Feb y 1808 Power Se IV. Days]
    Description: 8 Feb y 1808

    Power Se

    IV. Days of sitting

    No: the arrangement will not do /[...?]/. the ends of justice, the interest of the lowest[?] [...?], yes: but not the interest, at the repose of these honourable and learned Ministers and Guardians of Justice. Having near half the year pure holyday time binds two holidays out of every seven in working time, so far from giving up any part of their repose /applying to the business more of their time than at present/, their plan is - not to apply to the business more than half the time they apply to it at present. The Chambers /two judicatories/ if two, are to sit alternately; in each of them, the Judges sitting half the time they apply to at present.

    A security[?] to the evenday[?] labours under a [...?] of that protean[?] article: and thus is the occasion they lay hold of for doubling the quantity consumed in [...?].

    The form in which this determination is expressed is not less observation-worthy than the substance.

    To a declaration of any sort, of art of the will be it an art of the understanding [...?], order, assertion, the indirect form the form of assumption /implicit parenthetical/ gives a degree of force of which the direct form is incapable. Impossibility moreover oppozes[?] to any proposition a bar in impasses[?] /against/ of which the direct[?] form of reasoning is as a straw against a stone wall. To give force to the expression of will here exhibited /brought out/, lock[?] these [...?] powers are employed /called on/. That, as the Chambers are only to sit, and indeed can only sit alternately (say the learned memorialists in their fourth article) and then came their [...?] and conclusions.