11 Oct r 1807

Lords Delegates

After Ch. │ │ Advantages

Ch. │ │ Hale's Plan

-cature - two businesses the distinction of /between/ which had little if any place in men's thoughts, one chamber served at the same time for all of it: if judicature was the business though three estates the King being one, or according to Lord Hale three estates with the King over and above as well as over them, yet there were not three judicatories but one judicatory.

In the most active by far of the two Houses, the judicial business, being comparatively of no importance, would of course be shuffled over and got rid of any how, with very little expence of time. But his supposition which is /being/ the supposition which for the present purpose /purpose of this argument/ must be adopted, assumes the contrary - assumes that each cause will in the Commons as well as the Lords, occupy whatsoever quantity of time is necessary for the giving to each cause /appeal/ a decision sufficiently considered and established /placed/ upon proper grounds. But whatsoever time is thus given to judicature must be taken from legislation. For in[?] even[?] in his day legislation there is scarce ever time enough, for never does a session end, but some part of the legislative business is put off for want of time. From an allowance already but too scanty, the effect then of his plan is to produce a defalcation, and that to an amount altogether indefinite and naturally upon the encrease. It is in his situation that we must place ourselves to Judge of the wisdom of his views. But in all the experience he had ever had, the only real object which the King he ever had in getting together a Parliament was to get money. Till the money was got the Parliament was a nuisance, and as soon as it was got, an intolerable one. Taxation excepted, and whatever other business were necessary to the getting for him the money in legislation, whatever else was done in legislation was done only because he could not help it: it was from this allotment of time which was always as insufficient to the purpose as the King as the King could continue to make it, that the venerable Judge, with his plan of primitive /of government, after the antique/ government, was for drawing for whatsoever might come to be necessary for ultimately appellate judicature.