10 Oct r 1807

Lords Delegates

after Ch. │ │ advantages

Ch. │ │ L d Hale's Plan

Who the physicians are, on whom and whom alone, the confidence of their learned Brother has fixt itself is no secret. For here again he comes back to /repeats/ and grounds every thing upon the mistaken conception taken up in Reason the 2 d. The Judges are to be "not only assistants to advise but Commissioners to assent or disassent, as they are (continued [...?]) by the Statute of Ed.3.c.5. But this conception is in the very teeth of the express /particular/ words as well of the whole context and letter of the Statute. The Lords in question are to act indeed by good advice par bon avis i.e. with the benefit of consideration had of what occurs to themselves viz. the very Judges by whom the delay was created (unless it means that the Lords Commissioners are to take their own advice for the grammatical structure of the nature admitts of either interpretation) par bon avis the [...?] measures[?], and if the Judges &c and such others of the King's Council as they the Lords may think /see/ occasion to consider[?] /hear/ with heure[?] et heux[?] come its[?] verraint[?] ye bizroiyables[?] serroint[?]: but it is to the Lords alone that the Commission is to be granted, for it is not till they have received their commission that any thing is to be done. There it is that those Commissioners having first by election made of them by the House become /been rendered/ Committee-men are to do abundance of things before any mention is made of the Judges - they are to receive the petition in which the delays made by any of the Judges are complained of: they are now to cause the records of the proceedings to be brought before them: and then it is that they are if they please to call before them the Judges by whom the delays were /had been/ respectively created, which on each occasion would be some four of the twelve Judges and on three occasions taken /added/ together would amount to all twelve. That[?] this is to be done by the noble Commissioners before they take advice of any /of the Judges or any other/ of the persons pointed out for them to advise with: and when these and other questions[?] at the choice[?] of the noble Commissioners are taken by them into consultation need assuredly no mention does the Act contain of any fresh[?] commissioners to be given to any part or person so called into consultation by the noble Commissioners.