15 Oct. 1807

after Ch. │ │ advantages

Ch. │ │ Hale's Plan p.125

What is curious is that here or on another occasion +, no sooner has the venerable Judge come out with his proposition, than perceiving it to be untenable he gives /becomes/ ashamed of it, and explains it away. "If he once[?] (says he) makes his election to bring it into the Exchequer Chamber, it seems he has concluded himself, and shall not waive it and bring a writ of error in parliament, but at best, if he do it, it shall be no supersideas[?]. By this time he had not improbably recollected some case or cases in which a man having brought a Writ of Error from the King's Bench into the Exchequer Chamber, and from the Exchequer Chamber into parliament, parliament had entertained.

Parliament thus maintaining or not maintaining its authority what was next to be done? To find the answer to this question, observe what at bottom was the English of no supersideas[?]. If you being party bring in that case your writ of Error before Parliament, and Parliament entertains it, I who am not Parliament, can not help it. But though I am not Parliament yet so it is I happen to be Lord Chief Justice of the King's Bench. Being such Lord Chief Justice, if you presume to make any such appeal from any learned Brethren, what I can do to punish and plague for it, that I will do. For notwithstanding the application you will have made to Parliament, the course I take shall be such, as I should have taken had no such application had been made: my judgment being for the plaintiff, and having been affirmed by my learned brethren and adorers /worshippers/, execution shall be taken out accordingly, Plaintiff whom he has thus got the [...?] in his hands, hides it or sends it off, or goes off with it or finds it: - this done, go to Parliament and see what Parliament will do for you.

This is what the venerable Judge being Chief Justice of the King's Bench was prepared to say to any one who would read him: was prepared, to say to any one who would read him: was prepared to say and would have said, had not death closed his career: for the treatise he says himself (Hargrave cc │ │) though not revered was perfected. Here we see the sheepskin without: but it has the claw of the tiger under it.