Feb y 1808

on L d Eldons Bill

Behold a simple judgment for money /,1,000/ served by a [...?] of hand for that sum, origin of debt unregarded, ,1,000: judgment for ,1,000 due from a tenant to a landlord, on the [...?] of real, after years of manufactured delay bought at different delay shops, ,1,000 or the first ,1,000 indeed[?] has been allowed: or the other ,1,000 refused as if one of the two cases were more or less capable of yielding interest than the other.

Of the proceeding in the Court of Exchequer, there are scarce any Reports, not[?] mint[?] ones.

When you have got your judgment for your money, and that judgment affirmed after the year's delay made[?] a portion[?] of doubt where there was none, would you know whether the reparation[?] thus professed to be made will be made or[?] no? Go to a lawyer, or go to an astrologer: the lawyer's opinions Attorney and Counsel together, will cost you two or three guineas: the Astrologers you may have for half a crown: the value of the opinion, the means of knowing are upon a par in both cases. The astrologer will pretend to consult the stars: the Counsel will not pretend to consult the Judges: yet of this subject the value of the Counsel's opinion have anything to distinguish it from that of any other, it must be from the table talk of those dignitaries /luminaries/ and the good fortune that has placed his case[?] on the way to catch, that the superiority must have been deserved.

Of the proceedings of the Court of Exchequer there are scarce any Reports; not[?] /no/ mint[?] ones[?]. But if the sum[?] had been uninterrupted from /continued down without/ the time of the first Edward to the present what in this case would any one be the wiser? The fact is that in this had[?] /occasion as in so many others/ the Judges are /most compleatly/ at liberty to give to a man or refuse to him his money, as they please /happen to be in [...?]/: if their fancy be to give it to have[?] the case of the side[?] of [...?] is their sufficient warrant; if to refuse it to him, the case of the money due for rent.
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  • Title: [L d Eldons Bill '.16 Simple]
    Description: L d Eldons Bill

    '.16

    Simple or Compound

    Date of the Decree of the Court of Session suppose 1 st Feb y 1809: sum adjudged ,1,000. Date of the judgment of the Lords House in affirmation of the decree 1 st Feb y 1810. Interest at 5 per Cent of simple interest ,50, of compound interest ,52:10: + │ │ = │ │

    when at simple profit reckoning it but at 12 per cent, instead of the ,50, it would have been ,120.

    (│ │) (the said House in its sound discretion)

    A lantern to light the said House in its paths, and in the said lantern the same ignis fatuus as before. Even as the said Presiding Judge with the said Judges, or any three "of them", the said House having two discretions, a sound and an unsound one, the said legislator in his sound discretion enacts, that on this occasion /for this once/ the sound one shall be produced.
  • Title: [29 Oct. 1800 Polit. Economy]
    Description: 29 Oct. 1800

    Polit. Economy

    8

    An addition made to the money of an individual by importation, or otherwise

    without being received and taken from other individuals members of the same

    community will make to the amount of his wealth an addition not perceptibly less

    than its own amount. But being at the same time an addition to the stock of

    money of the community the real addition thus made to the wealth of the

    individual will be diminished by a sum which is to the amount of the added money

    of the individual as that is to the total stock of money of the community. Stock

    of money in the community before the addition 1,000,000. Share of that stock

    belonging to the individual, ,1,000: addition, ,1,000 As the ,1,000 is to the

    ,1,000,000 i:e: as 1 is to ,1,000 so is the defalcation from the quantity of

    wealth produced by the /money/ added money to the amount of the money added. He

    has now ,2,000 of money: but each ,1,000 instead of being worth 1,000th part of

    the wealth is worth no more than 1/999th part The nominal ,2,000 is worth in

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  • Title: [21 Feb y 1808 on L d Eldon's Bill]
    Description: 21 Feb y 1808

    on L d Eldon's Bill

    Letter V II. Appeals

    Delay shop [...?]

    This is not all: what is believed is still worse. There is a show of giving interest: always understood the /meaning always the always/ inadequate allowance given /made/ under that tenure[?].

    By a strange anomaly, to take his chance for it /that part of his due/, a man is sent to a third /yet another last[?]/ judicatory, neither the [...?] the immediate judicatory, nor the Appellate judicatory, but another which but in the strange[?] way has nothing to do with either. Immediate judicatory, the Kings Bench; appellate the Exchequer Chamber the last in which he /a man/ is to take his chance is neither the Exchequers Chambers, nor the Kings Bench, but the Exchequer: in which his claim to the interest[?] of the principal sum[?] /at the end of a [...?] arm[?]/ adjudged to have[?] by a judgment of the Kings Bench, confirmed by a d r[?] of the Exchequer Chambers because the subject of a distant cause, a motion cause (of which in [...?] Letter [...?].)

    When [...?] from he Exchequer Chamber he is got into the Exchequer, he finds himself in a trap. There are cases in which in this way the man receives /the party wronged is permitted to receive/ the scrap of competition[?] thus held out to him; there are others in which he is not permitted to receive it. There are cases in which the wrongdoer is made to part with this fragment of the /item in the account of/ profit from his own wrong; there are cases in which he is not made to part with it /this imperfect justice in the shop[?] is not so much as pretended to be done/. In every instance in the instance of each individual cause whether in either of these shapes any thing under the semblance of justice is /shall be/ done depends - avowedly depends - upon the description of the [...?] Court. /+ Burrow[?] for [...?]/ So that before a lawsuit and without a lawsuit [...?] a partial /till a fresh lawsuit has been committed for the purpose and determined/ relief or an aggravation of the wrong will be the result of the application thus made for the pretended remedy, is among the things /points/ of law which it is /has been made/ impossible for man to know.