Jan y 1807

Facienda

IV. Inquirenda

Fees &c.

1). Parliament strong enough to compel adequate returns?

In submitting to Your Lordship the propriety and use of these proposed exercises of constitutional authority over subordinate Courts for the purposes of public justice I would at the same time beg of Your Lordship to consider well whether in Your Lordships Honourable House - whether in either or both Houses of Parliament - whether in both Houses with his Majesty at their head there be in effect /in reality/ any such efficient power as is adequate /equal/ to the task of inquiring from the quarter /nominal subordinates/ in question effective and adequate obedience. (whether the 4 th estate comprized of the lawyers)

That the power of the, Commons was not equal to the task is a fact that stands upon record. I mean in the Reports made by the Committee of Finance.

An account of fees being called for (fees received by Judges of different ranks and denominations - L d Kenyon growled and delayed - L d Loughborough growled and stood out longer - the Master of the Rolls of that day - Sir Pepper[?] Arden - since then sank into the grave and from thence into the gulph of oblivion under the title of Lord Alvarley Sir Pepper Arden secure in the support of /safe under the way[?]/ a Minister who knew so well when it was and when it was not safe to stand out - refused to give any account: and no account is given. The Masters in Chancery, as of in division, gave in what shall I say? Not no account at all: but the same sort of account that the fraudulent Bankrupt Perrot was hanged for: They gave in part /a fragment/ of an account: they would have given in the rest but they were in the power of their Clerks - all of them to a man in the [...?] of their Clerks, and their Clerks to a man would give no account - saying they had kept none.