If  it  omit  to  do  so,  its  judgment  is  imperfect,  and  the  House  did  not
rehear  the  cause  even  in  that  case;   but  it  pronounced  that  judgment

0)  ilth  March,  1733.
444  BEHEABINGS   OF  APPEALS

which  was  rendered  neoeflsary  in  conaequenoe  of  its  judgment  being
imperfect; — imperfect,  because  it  did  not  add  that  judgment  which  would
have  been  a  right  judgment,  if  the  court  below  had  entertained  the  same
opinion  which  the  House  did  of  the  merits  of  the  cause.
Under  these  circumstances,  this  petition  is  really  and  truly  nothing  more
than  desiring  a  rehearing  of  the  whole  case  upon  its  merits.
The  ground  upon  which  this  petition  seems  to  be  put  is,  that  when  the
application  was  made  to  the  Court  of  Session  in  Scotland  to  execute  your
judgment,   the  Court   of  Session  in  Scotland  thought  your  judgment
wrong ;  and  thinking  your  judgment  wrong,  they  would  not  execute  your
judgment  immediately ;  but  they  would  give  time  to  the  parties  to  apply
to  the  House  to  rehear  the  matter,  and  induce  your  Lordships  to  alter
your  decision,  and  make  it  conformable  to  what  the  parties  thought  it
ought  to  be.    Putting  it  in  that  point  of  view,  it  appears  to  me  to  be  a
very  material  question.  If  the  courts  from  which  appeab  are  brought  to
this  House  can  take  it  upon  themselves  to  say  they  will  suspend  the
execution  of  the  judgments  that  you  pronounce,  because  they  conceive  that
those  judgments  are  wrong,  I  know  not  in  what  manner  justice  is  to  be
administered.     If  they  can  do  it  once,  they  can  do  it  twice— three  times.
