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 at Court.  In the morning and evening I corrected proofs—­four sheets in number; and I wrote my task of three pages and a little more.  Three pages a day will come, at Constable’s rate, to about L12,000 to L15,000 per year.  They have sent their claim; it does not frighten me a bit.

June 11.—­Bad dreams about poor Charlotte.  Woke, thinking my old and inseparable friend beside me; and it was only when I was fully awake that I could persuade myself that she was dark, low, and distant, and that my bed was widowed.  I believe the phenomena of dreaming are in a great measure occasioned by the double touch, which takes place when one hand is crossed in sleep upon another.  Each gives and receives the impression of touch to and from the other, and this complicated sensation our sleeping fancy ascribes to the agency of another being, when it is in fact produced by our own limbs acting on each other.  Well, here goes—­incumbite remis.