8 May 1807

Scotch Reform

Letter VI

Letter VI

This for a separate Letter?

Before I put a period to this letter the length of which I can not think of without regret, I will notwithstanding venture so much further upon Your Lordships patience as to give /subjoin/ a brief recapitulation including moreover an anticipation /anticipated sketch/ of the matter which I propose to submitt to your Lordship more at large in a separate address entitled Judicial Injustice considered it respect of its │ │

The functions of a superior superintending authority in matters of judicature, and of the House of Lords in particular in that direction /relation being had to the British government and constitution laws to the station occupied in it by the House of Lords/ - the proper functions - the functions the exercise of which is desirable as being conducive /necessary/ to the due administration of justice some referable to the following heads viz.

1. Maintenance of the authority of the legislator (i.e. under the British constitution of Parliament) throughout the whole field of legislation: keeping the decisions of the subordinate judicatures in a state of perfect and constant conformity to the will of the Sovereign power as declared by /expressed by the King in/ Parliament.

2. Maintenance of its the /own/ particular authority of the House itself: maintenance of its rights in its legislative capacity in the character of one of the three branches of the sovereign power.

3. Maintenance of uniformity of division on the part of the subordinate judicatures: viz. in so far as such uniformity is necessary to the sort of uniformity above spoken of. This uniformity of course has no place in any of the cases in which the will of the Sovereign has assumed different forms /taken different directions/ in the three kingdoms.