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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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Title: [20[?] March 1808 Letter V Power]Description: 20[?] March 1808 Letter V Power to Session Rotation Dispatch of business? Oh yes: no doubt but what /that/ in this one of the ends of justice an object may be seen in which the times of sitting, and the /thence/ rotation in which it may happen to the Judges to succeed one[?] matter in these single-seated judicatories may be made to exercise a very material influence. In the establishment of the London Police[?] Offices dispatch of business - avoidance of superfluous delay was in truth, and not merely in pretence, an object aimed at. For the purpose of judicature exercised in those judicatories a single Judge was sufficient in some cases, two Judges at a time necessary in others. Of all the days in the year not one happened to present itself to the [...?] of that [...?] /law/ as a day on which avoidance of failure of justice had less [...?] to place itself among the ends of justice /failure of justice could be more conducive to the fulfilment of the ordinances of the legislator/ than on another. Provision was accordingly made that, on every day of the year[?] (those excepted on which the sight of justice is supposed to be offensive to Religion /eyes of Religion are considered as being to [...?] to endure//bear/ the sight of justice/) the requisite /necessary/ [...?] of two Judges should on one part of the day ( the [...?] or rather the ante-[...?] part) be forthcoming and sitting for the purposes /service/ of justice at those seats of judicature. For securing an attendance the[?] [...?], three Judges were thought perhaps necessary and at any rate sufficient: supposing no greater number than this requisite [...?] ever to attend (and in practice it is scarce ever that the whole number of three does attend) here then would be for each such Judge eight months of duty, and /[...?] switching[?]/ four months of holy day /vacation/ time for relaxation: being exactly four months more than it is ever possible for any man /member/ of the really and truly and not merely jargonically learned profession, the medical profession, to command.
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Title: [[094-374v] 4 April 1808 on]Description: [094-374v] 4 April 1808 on L d Eldons Bill Letter V [In Copyist's hand] Ch. │ │ days of Sitting In the original Bill, there were both "during the time of Session." anglicé & Scoticé, the six months repose /of delay/ which characterizes what in this part of the Bill is called "All dispatch of business" in that Court shall remain a Sabbath: in the same original Bill, power was given to the whole court to make "alterations as to the days" on which its two divisions were to sit. In the amended Bill, it is provided that as to days they shall be "the same days as have been hitherto the days of sitting of the whole Court." The number of days which the Judge shall be found to apply to the service of justice in a many-seated judicature, being thus equally secured against diminution, and except with their own [...?] (for which purpose a clause is added) against encrease.
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Title: [28 March 1808 Letter V Powers]Description: 28 March 1808 Letter V Powers to Session Rotation To the noble and learned Lord Chancellor under whose name the Bill comes forth, to the Lord Chancellor at any rate, howsoever it may have been in the /regard/ case of the penner of the Bill, the determination of the Lord President with the determination of two others out of the 15 Judges for its support, was fully known, for with all [...?] solemnity and in [...?] there are four[?], it had been notified: and it is [...?] that notice thus repeatedly given that this one of the ends of justice would continue to be as it has been hitherto trodden under foot, that the author of the Bill does as much as in [...?] has to enable and empower those declared [...?] to persevere in such their declared contempt of this end of justice. If it were still possible that the sort of regard [...?] by the penner of the Bill for the end of justice in question could remain subject to doubt two words - inserted as it were in the exuberance of grace and favour and lest the determination to persevere /the adherence given to the determination of persevering/ in the contempt of this end of justice should not be strict enough - two words, the word "Years" and the word "Sessions", would be sufficient to clear away all doubts ever in the mind[?] the most [...?] /abundant/ in that sort of produce. Weeks of repose, yes: even months of repose, let ever that [...?] be allowed to be necessary, to recruit[?] a man after the fatigue of lolling upon cushions. But "Sessions"? portions of [...?] of four months length - "Sessions" - ""Years" too and those too in the plural number? - what shall we say of the sort of regard there[?] manifested for the ends of justice?
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