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.