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eur of the Time 11 desire Aristocracy is the true SIMULADI. IT A Needrar k ma. In the meantime, unme nam je mei noi speration, I have called me Ense a mig af ny frst law-officer,* whose one vil je center-i rzane mnder the new form of proxy, Y her Instant's Time ʼn de Lower House of Parliament, RESULT DE MERC ALAT of England. By this arsugener, my nilson Jerveen the Houses will be avoidel-conierences the painted chamber superseded,—and ze harmony of al reões in the state restored. I anticipate, Val ambience that is and the other measures, of a final İnnyi egermana durata, vhich are in contemplation, vill sure a Gran Scan the hbessings which are the cerZKI TESLA JE JE -the peaceful chaos of EXNERSGAI ENEAN, and the calm repose of everlasting con

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Sr. Jom Campoel's mir, a inginer of Lord Abinger, was created a Press, 18 Juntars 83, n wear u prigitace her husband, who, as AttorDe-General, conserved de bat a am the Seals which were given to Sir Charis Jirsaniner Parys. Kugit, i was made Baron Cottenham. The Varning Chronice remis. – Lary Campbell's tile is taken from the river Laen, in the Councy of Fit, on the banks of which. Sir John Campbell, (son of the Eer. De Campiel of Cipar, vas burn, and his elder brother, Sir George, has a seac cadet Earwood. The me ze strach of the Eden is famous for its beauty and jercity, and is retrized by J. Johnson, the Scotch Poet, who lived in the reign of Charles the first

Arsa mer Demorisque intras et pasena læta
Lene fuens, vitreis kabiner Eden aquis."

This is all very fine and sounds nicely, but, alas! "Edenwood," the "Seat" of the elder brother Sir George,—(a medical gentleman from India, who had submitted to the infiction of Knighthood,—is a small villa, with a patch of land surrounding it, suficient perhaps for a cow's grass. It formerly bore the romantic appellation of "* Caldhaughs." The political principles of the late Dr. Campbell were Tory.

XXXII.

ACT OF SEDERUNT ANENT HUGGERS, A FRAGMENT FOUND IN THE LAIGH PARLIAMENT HOUSE.

The feeding of writers, by the Members of the Faculty of Advocates, with the view, in return, of obtaining fees, seems, at a very early date, to have excited the just indignation of the Senators of the College of Justice, and the following Act of Sederunt was framed, to put down so seductive a mode of enlisting the sympathies of the agent through the medium of his stomach. The original, which has been brought to light by the indefatigable exertions of the Record Commission, is in a very decayed condition, and wants a few lines at the end. It is now for the first time printed, but it will be undoubtedly included in the projected abridgement of the Acts of Sederunt.

1584.

Forasmeikle as the courtynge or fleechynge of agentis, be advocatis of our Councell and Sessioun, has groune to ane gryte hycht, quhair throw the saids advocatis makis tinsel of their guid name and reputatioun, and meikle hurte and inconvenientis to suitors in our said Court dothe aryse; for remeid thairof, it is STATUTE and ORDAINED, that na advocatis sall, in tyme to cum, give onie feede, treate, or entertainment of victual, at their awin houses, or in tapsteris, to onie agentis, procutores, wrytteris, or utheris thair clerkis, maire nor foure tymes in ilk yere, utherways the saids feedis sall be halden to have bene given spe numerandæ pecuniæ, and the saids advocatis to be reckonit notour Huggeris, and sall dree the painis thairto annexit: Sic as,

*

Cetera desunt.

XXXIII.

RES JUDICATA.

(A CASE NOT YET REPORTED.)

TUNE-Derry Down.

The case of Southgates and Mandatory against Montgomerie, which the reader will find reported in Dunlop, Murray, and Bell's Court of Session Cases, vol. 15, p. 507, was the foundation of the ensuing Jeu D'esprit. The question at issue was whether a Foreign judgment was to be held as res judicata, or whether it could be impeached on cause shewn; and after considering the point in cases, and hearing counsel at great length, it was decided that such decree affords only prima facie evidence of the truth and justice of the claim, and that it may be impugned on cause shewn.

“With your Lordship's permission, I * now have to state a "Remarkable question of Res Judicata;

“ And if more than the usual noise I should make, "Twill be all for the general principle's sake

Sing down, down, down, derry down.

"The Pursuer (one Southgate) my Lord, d'ye see,
"From America comes with his foreign Decree ;
"And thus there arises the questio vexata,
"Whether such a Decree is a Res Judicata?
Sing down, &c.

""Tis a question, my Lord, that is fit to inspire
« A Forsyth or a Baird with a Brodie's own fire ;
"For where is the man who could calmly debate a
“Real heart-stirring question of Res Judicata ?
Sing down, &c.

""Tis dreadful to think what the evils might be
"Of refusing effect to our foreign Decree ;
“If abroad we might have executio parata,
"And yet be told here 'twas not Res Judicata.
Sing down, &c.

* Douglas Cheape, Esq. Professor of Civil Law in the University of Edinburgh, who opened the case for the pursuers.

P

"It no doubt is true, the Defender, Montgomerie,

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Says, we got our Decree in a way rather summary; "But, my Lord, that Decree is probatio probata"We're entitled to stand on our Res Judicata. Sing down, &c.

"For the doctrine of ERSKINE we care not a straw, "For ours is a case for a far higher Law;

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'By the Law both of Rome and of Nations and Natur,' "Ev'ry Cockney must see it's a Res Judicatur.

Sing down, &c.

"Your Lordship perceives that 'twere quite out of place "To enter at large on the facts of the case;

"Tho' if e'er there were facts which appear'd pro re nata, ""Tis in this very question of Res Judicata..

Sing down, &c.

"But what Court of what Country the Sun ever saw,
"Would look at the Facts in the face of the Law?
"From the banks of the GANGES to those of LA PLATA,
"All facts are alike in a Res Judicata.

Sing down, &c.

"What says the great HUBER? What says the great VOET? Nay, What says the great, the illustrious GROOT

66

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Says the opposite Counsel* (we name not his name),
"I fear after this that my speech may seem tame;
"But I think I can show, on my Brother's own data,
"Though he's got a decree, 'tis not Res Judicata."
Sing down, &c.

And then he went on in his own quiet strain,
The facts of this outlandish case to explain;

* John Cowan, Esq. junior counsel for the defender.

He allow'd that his client was "not the potata,"
But still he denied it was Res Judicata.

Sing down, &c.

He fairly confess'd there was much to be said
Of the way that poor Southgate by him was misled :
No doubt there was culpa-perhaps culpa lata-
Yet he scouted the notion of Res Judicata.
Sing down, &c.

He candidly own'd he was nothing afraid

Of the learn'd display his Brother had made :
He was welcome to read-if he could, to translate a
Whole volume of VOET upon Res Judicata.

Sing down, &c.

He thought the case lay in much narrower room Than his Brother throughout had been pleased to assume; "Twas a case of pecunia non numerata,

Which is very distinct from a Res Judicata.

Sing down, &c.

By HUBER OF VOEт though he might not be back'd,
Yet to him it appear'd a plain question of fact:
And as well might they sing an Italian Cantata,
As argue the case upon Res Judicata.
Sing down, &c.

He did not intend just at present to go
Into all the transactions with Hancock & Co ;
But certain he was there was no vor signata
Whose meaning was plainer than Res Judicata.
Sing down, &c.

He might further observe, that, howe'er that might be,
They had always the other ST. CROIX Decree;
And perhaps they might move for an order to freight a
Stout ship to go out for their RES JUDICATA.

Sing down, &c.

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