JB_094_465.xml

Title: [29 Jan y 1808 Appeals In the]

Description: 29 Jan y 1808

Appeals

In the year 1800, came the second Union the Union of Great Britain and Ireland. Another influx of the matter of reward into the pockets[?] of official merit[?]. The opportunity was a happy one: and it did not pass unimproved. In Table note

In all these cases /Throughout that which pursued[?]/, the profit to the wrongdoer and his official probators increasing with the delay, and the delay increasing with the arrear.

The instant it became manifest that an arrear would take place, and that the causes that produced it would contrive to act with a force continually on the arrears, the trade assumed a new now and still more smiling face, the reward secured to official merit as condoned by official situation, acquired a new value.

In the instance of the House of Lords, so long as the judicatory is sitting, the mode of procedure on Appeal especially when compared with that of the Courts below has /presents/ little in it favourable to delay /if anything that seems open to the charge of being favourable to the production of facticious delay/. But the quantity of time applicable by the House to this comparatively unimportant part of its business being no more than what could be in a manner stolen from business of superior importance, and the interval of Vacation being of considerable as well as constantly uncertain lenghth and that determined by causes which have nothing to do with judicature, hence it is that in this instance, without assistance, because without need of assistance from learned ingenuity[?] /husbandry/, delay, wild as it grew on the waste of necessity, was always in sufficient abundance for the purposes of the trade.

JB_094_459.xml

Title: [28 Jan y 1808 Appeals Of the]

Description: 28 Jan y 1808

Appeals

Of the instances in which the decision of the supreme local judicatory has been affirmed[?] purely and simply in and by the superior[?] impersonal judicatory the number is about four times as great as that of the instances in which it has either been reserved or held back to undergo a change. Taking then the [...?] of the supreme impersonal judicatory for the standard of rectitude[?], and judging by that criterion, the number of instances in which it is certain that the stoppages thus put to execution has been productive of injustice is four times as great as the number of those in which it is possible that the arrangement may have been preventive of injustice /the same undesirable consequence/.

By the light of the same wisdom, but to a still superior degree of certainty, in the case of the Appeals (Anglo- jurgonci Writs of Error) presented to the three[?] abovementioned intermediate Chamber of Review from the immediate judicatores Judging by Common Law, the instances where /in which/ to a certainty the stoppage pf execution was productive of injustice was or was not produced by it, were on an average of the above three years as 89 to 1. for it was in one instance only out of 90 that in the opinion of the Appellant himself his Appeal had /presented/ any such colors of justice as to enable the [...?] of an Advocate to find any thing to say in favour of it.

JB_094_456.xml

Title: [28 Jan y 1808 II Appeals 1]

Description: 28 Jan y 1808

II Appeals

1. [...?] not possible[?]

4

Nulli[?] vendimus nulli[?] negatimus[?] aut differens[?] sit[?] possessione[?]

9 Hen. 3. c.29. A o 1225

Under the Scottish modification, in the supreme judicatory[?], till comparatively of late years every year was divided into two equal parts, Vacation time composing one. Here was 6 calendar months of factitious delay, exposed to sale in one lump. Since /In/ the Year 1 │ │ causes lying /a convention the cause of which lies/ too far out of the reach /way/ of ready scrutiny, broke this magnificent lump into two lumps of four and two months.

When in fixed masses of such enormous magnitude injustice is thus sold out without so much as the pretence /put upon sale not only without name but without pretence/ of a reason, occasional masses of different lengths are /were/ added to them without difficulty on any the most flimsy /flimsiest/ pretence. {The enormous /mountainous/ waste of war renders men not the more but the less jealous of all minor that is of all minor wastes.}

Never shall justice be denied, delayed or sold says the King of England in Magna Charta /the Great Charter of Henry the 3 d/. /In/ The [...?] of /law establishing/ the market overt for the sale of factitious delay is the Magna Charta of the supreme Scottish judicatory /the Guardians /Ministers/ of Scottish justice behold their Magna Charta/, a Charter granted by themselves, to themselves, with the dishonest[?] part of the population in perpetual succession[?] in quality of co-partners, a charter which to the utmost of their power they are /have expressed themselves/ determined to maintain inviolate. On a grand occasion, and for production of stage-effect, Fiat justitia, ruat cælum, was once the motto of L d Mansfield, Lord Chief Justice of all England. Fiat injustitia, ruat turru[?], is the improvement now made upon it, by the official head of Scottish justice. Perish justice, (says that Right Honourable Judge, with ten out of his fourteen younger brethren) perish justice, now and for ever, rather than that we should lose a moment of our ease. +

+ Supra, p.