rth waring[281] a headache upon.

I finished five pages to-day, headache, laziness, and all.

_June_ 9.--Corrected a stubborn proof this morning. These battles have
been the death of many a man--I think they will be mine. Well but it
clears to windward; so we will fag on.

Slept well last night. By the way, how intolerably selfish this Journal
makes me seem--so much attention to one's naturals and non-naturals!
Lord Mackenzie[282] called, and we had much chat about business. The
late regulations for preparing cases in the Outer-House do not work
well, and thus our old machinery, which was very indifferent, is
succeeded by a kind that will hardly move at all. Mackenzie says his
business is trebled, and that he cannot keep it up. I question whether
the extreme strictness of rules of court be advisable in practice they
are always evaded, upon an equitable showing. I do not, for instance,
lodge a paper _debito tempore_, and for an accident happening, perhaps
through the blunder of a Writer's apprentice, I am to lose my cause. The
penalty is totally disproportioned to the delict, and the consequence
is, that means are found out of evasion by legal fictions and the like.
The judges listen to these; they become frequent, and the rule of Court
ends by being a scarecrow merely. Formerly, delays of this kind were
checked by corresponding _amendes_. But the Court relaxed this petty
fine too often. Had they been more strict, and levied the mulct on the
agents, with _no recourse_ upon their clients, the abuse might have been
remedied. I fear the present rule is too severe to do much good.

One effect of running causes fast through the Courts below is, that they
go by scores to appeal, and Lord Gifford[283] has hitherto decided them
with such judgment, and so much rapidity, as to give great satisfaction.
The consequence will in time be, that the Scottish Supreme Court will be
in effect situated in London. Then down fall--as national objects of
respect and veneration--the Scottish Bench, the Scottish Bar, the
Scottish Law herself, and--and--"there is an end of an auld sang."[284]
Were I as I have been, I would fight knee-deep in blood ere it came to
that. But it is a catastrophe which the great course of events brings
daily nearer--

"And who can help it, Dick?"

I shall always be proud of _Malachi_ as having headed back the Southron,
or helped to do so, in one instance at least.

_June_ 10.--This was an unusual teind-day a