9 Oct r[?] 1807

Lords Delegates

After Ch. Advantages

Ch. L d Hales Plan

Observations on L d Hale's plan for a supreme appellate judiciary in lieu of that of the House of Lords.

Among the manuscripts of Lord Hale was found a /were found some/ treatise /papers/ on the judicial function as exercised in Parliament. In 1796 the public became indebted for the publication of them to M r Hargrave, with a preface by way of introduction, historical and critical, still more valuable /of still greater virtue/, especially at this time of day, than the work /principal/ itself.

At the time when these papers of Lord Hale were written, the appellate jurisdiction of the House was hotly /altogether/ disputed by the House of Commons. Lord Hale's decision concludes against it; and, pronouncing it unconstitutional and untenable, he proposes a judicatory to serve in lieu of it.

Till the above /foregoing/ plan had been drawn up and compleated, the author was not apprised of the existence of any plan on the subject from Lord Hale. Lord Hale's plan has now /since/ been examined, nothing is found that at this time of day affords any considerable objection, nothing but what may be made to afford /affords/ either confirmation or illustration, to the plan which owing its birth to the present time, was /had been/ adapted to the existing state of things.