PRIVATE

June 1807

Letter V

V. No Appeal

V. Insubordination

III. Insubordination. Problem: how to withdraw the kingdom of Scotland from under the legislative dominion of the King in Parliament.

Solution. Continue the line traced out by the Court of Session in the case of the Duke of Douglas contra Lockhart, A o 1753. Decision published by the Faculty of Advocates Vol. I p. │ │ in which it is by " interlocutors" that the alledged extension of a Statute over Scotland is alternately affirmed and disaffirmed and affirmed. Let[?] the

antagonising /conflicting/ interlocutors let the interlocutor denying /refusing/ the case for [...?] or by the Statute be the last link, the thing is done. I.S.F.[?]

Corollary. In the same way may the Court of Session be withdrawn from under the controuling judicature /jurisdiction/ of the House of Lords.

Interlocutor disaffirming the claim of the Statute to extend to Scotland be the only one, or in a chain, of any number of links, composed of Interlocutors alternately affirming or disaffirming it, the last link. Apply now to this sole or last Interlocutor the proposed clause, prohibiting all Appeals to the House of Lords from Interlocutors pronounced by the Court of Session, and the thing is done. Q.E.D.[?]

Corollary. In the same way and by the same operation will the Court of Session be withdrawn from under the appellate jurisdiction of the House of Lords.