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[168-181v]
31 December 1807
Abstract
The physuical power of the House, as dependent on the quantity of applicable time, hearing already [...?] under the load of business imposed on it by that part of the function of general superintendence which has been habitually exercised by it till of late years, is of course still more decidedly unequal in any ulterior burthen.
But of this demand a part of which has then been forced to overview the quantity of time cabaple of being apprehended[?] to the discharge of it by the House itself, the whole might find an adequate suply in the more ample quantity capable of being allotted to it by the proposed Court of Lords Delegates; a tribunal [...?] of all other business, and sitting in such terms as would render the whole of its official time applicable for this purpose.
The mass of remuneration which on other accounts would, it is suposed, be deemed unnecessary/necessary[?] to be allotted in the members of a tribunal, so [...?] with power, and exalted as dignity, would be sufficient to enable the public to call upon them in return, for a degree of [...?] not inferior to that which [...?] to be habitual[?] on the part of others /other Judges/. And the greater in extent and [...?] the service thus rendered, the more secure would be the requisite deprivation[?] on the part of the public at large, as well as of the coordinate authority, to submitt without regret to the burthen that would be to be imposed by the requisite expence.
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Title: [[168-180v] 31 December 1807]Description: [168-180v] 31 December 1807 Abstract 2. Conclusion By the consideration bestowed for the purpose of the present proposal, on the function of the House of Lords, reform being all along made to the [...?] ends of justice, (of which a list /one exact[?]/ had been endeavoured to be made out), the inquiry was suggested whether, in the exercise habitually given to that function it has been really conclusive with what it seems to have been generally regarded as [...?] to viz. the function of general superintendence: meaning by /thereby/ general superintendence, the habit of applying to such if the several evils[?] correspondent and operate to the several ends of justice, all such remedies as in the nature of the case are capable of being applied to them without the exercise of legislative power. Compared with this standard, the authority of this House, as at present exercised, was found to be deficient to a greater extent than could readily have been imagined.
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Title: [[168-182v] 31 December 1807]Description: [168-182v] 31 December 1807 Abstract A view of the parcitulars, in respect of which the Judicial function is exercised by the House of Lords, [...?] of being [...?] with the functions of general superintendence, in this extent above indicatd, as belonging to it has been already taken. But, under the apprehension of awaiting those jealousies which are so easily [...?], or of overloading that [...?] which is so rarily overloaded, this part of the item is for the present at least, put aside. What on this occasion ought never to be out of mind, is that, as to whatever regards the superior[?] authority of the House of Lords in matter of judicature, the [...?] practice whatsoever may be its effects, was in its origin, the more fortuitous result of a control for power, [...?] two co-ordinate authorities, the result of any thing rather than a value and comprehensive and concerted plan, directed to the ends of justice. most satisfactory demonstrated /and it may be seen/, as well as clearly deployed, in the intelligent and interesting preface, prefixed by Mr. Hargrave to his edition of the workof Lord Hale in the jurisdiction of the Lords House. /Fighting in the dark with weapons composed of the number[?] of perpetually inconsistent[?] precedents,/ /This want of design and consequently of congruity is no more than might have been anticipated by a reflection on the natural course of human affairs:/
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Title: [[clxvii. 108] 1821 March 30]Description: [clxvii. 108] 1821 March 30 Rid Yourselves Anti-constitutional evil 4 Consumption of Cortes time By Article 335. of the ten functions allotted to the bodies stiled Provincial Deputation, each being in the province the principal political body within its province the first is "to intervene and approve the repartition made upon the pueblos (subordinate districts) of the contribution (contribuciones) which shall have fallen to the lot of the province. Upon the ground of these three clauses taken together, assuming that in the several provinces of Spanish Ultramaria, as well as at Madrid in Spain men are men, the following are among the allotional[?] business which on the supposition of any effort given to the claim of Spanish dominion over Spanish Ultramaria the Cortes would have to take in hand and add to its other businesses. Our allotment of these burthens is too large - this would be the cry of every Ultramarian Provincial Deputation. This cry would have movement in to it. Solo from each Province. The share allotted to one province is too large, compared with that allotted to this, and that, and that other Province. Chime of all the provinces. 1. The share imposed /allotted/ upon Ultramaria taken all together /as a whole/ is too large compared with the share allotted to Spain. Two circumstances it is true there are /may be/, either of which would suffice /be sufficient/ to substitute a long rest to both these movements. One is, a determination on the part of the several Provincial deputations - one or more or all of them, not to interfere /intervene/ with any such repartitions, but to suffer the contribution to levy themselves if so disposed to levy themselves. See Ch. or '. 3. Ch. or '. 12. Another is the new formation of any such Provincial Deputation in this or that Ultramarian Province, or in all of them Ch. or '. 12. And by any one of these circumstances a proportionable quantity of the extra demand upon the time of the Cortes, will be, it can not but be acknowlegded, saved.
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