It is said that this is a
Louse _in fact_, and that the _veritas convicii excusat_; and
mention is made of a decision in the case of Chalmers _v._
Douglas. I have always had a great veneration for the
decisions of your Lordships; and I am sure will always
continue to have while I sit here; but that case was
determined by a very small majority, and I have heard your
Lordships mention it on various occasions, and you have
always desiderated the propriety of it, and I think have
departed from it in some instances. I remember the
circumstances of the case well:--Helen Chalmers lived in
Musselburgh, and the defender, Mrs. Douglas, lived in
Fisherrow; and at that time there was much intercourse
between the genteel inhabitants of Fisherrow, and
Musselburgh, and Inveresk, and likewise Newbigging; and there
were balls, or dances, or assemblies every fortnight, or
oftener, and also sometimes I believe every week; and there
were card-parties, assemblies once a fortnight, or oftener;
and the young people danced there also, and others played at
cards, and there were various refreshments, such as tea and
coffee, and butter and bread, and I believe, but I am not
sure, porter and negus, and likewise small beer. And it was
at one of these assemblies that Mrs. Douglas called Mrs.
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