26 Dec r 1806

Scotch Reform To L d Grenville

 [...?]? 5

Resolut. 13

Interloct: Unapplicable

What is the jurisdiction if the House of Lords good for, what is any system of control in the judicial establishment in the upper regions good for, if it be not good against prohibitions in the lower? What are even Juries good for, on any other supposition than that of a perpetual probability of partialities among /on the part of/ Judges. Without any partiality, or at least without any partiality that can be traced, English Judges, the Judges of all the superior Courts have established themselves in the daily practice /habit/ of acting in point blank contradiction /[...?]/ to the plain and positive directions of Acts of Parliament /peculiarly declared and [...?] apprehendible will of the legislature/. the whole judicial process[?], acting under the same roof in strict and /as well as/ habitual opposition to the legislature. On the part of the Judges of the Court of Session, partialities have all along been not only in theory /+as I have already had occasion to observe/ probable, but in fact matters of notoriety and general complaint. Examples /Instances/ in which they have been in the habit of acting in contrariety to their own [...?] regulations, are abundant: examples /instances //cases/ of their acting in equal contrariety to Acts of Parliament are not without examples. /+/ Under the influence of those partialities is it natural that any difficulties should be found, of eluding /in the/ the controuling[?] power of the branch of the legislature when under favour of the distraction here proposed to be set up it will be in their power to do so upon such easy terms?