9 Oct r 1807

Lords Delegates

After Ch. │ │ Advantages

Ch. │ │ L d Hale's Plan

At the time when this was written, there prevailed, as may be seen in M r. Hargrave's Preface, a violent suspicion and dread of the power and designs this aristocracy (exercise of aristocratic power) and assuredly not without (ample) cause. For, as hath been seen, not content with appelate jurisdiction, the House of Lords had possessed itself of immediate jurisdiction, of which to any purpose but that of occasional pillage and oppression, an assembly which like Homer's God Rivers and /with their/ River Gods, were sometimes in existence, sometimes not, and never sure to be, and when it existed could not find time but for a small part of the business of that kind that would be presented to it, was essentially unsusceptible.

But as to the appellate jurisdiction for a century or more, as hath been seen the Lords House have remained in quiet and undisturbed possession of it, and notwithstanding all the imperfection attached, as hath been shewn, all the time to that judicatory, no such inconvenience as that of injustice for the prevalence of aristocratical designs and principles[?] has been experienced.

Not but that Lord Hale was abundantly justified in his apprehension of it. But it lay not in him to foresee any such increase of general [...?] and general intelligence, as that which has raised the /given to the Lower/ House of Commons so decided an ascendancy over the Upper House as to render any thing of /take every idea of unjust/ encroachment out of the range of hope and thence of inclination on the one part, as well as of fear /apprehension/ on the other. In the blind exercise of a blind deaf and dumb negative, through /under he influence of/ a mixture of ignorance indolence ignorance and corruption, his the only jus nocradi[?], remaining to the House of Lords /and alas it is but too sufficient!/.

 Add here or further on Hales remedy was out of the frying pan into the fire from the independent Lord to the King[?] his dependent Judge. No danger but that in Lords Elections [...?] will have sufficient influence.