15 Oct r 1807

Lords Delegates

After Ch. │ │ Advantages

Ch. │ │ Hale's Plan

In the first of these three following /consecutive/ pages he had already given us another per saltum case. Judgment being given the Common law side of the Court of the Chancery, error lies in the King's Bench, and therefore (concludes he) a writ of error lies not in the Lord's House in Parliament for them it would proceed per saltum. Whether it was that the learned Judge did not very well know what he was writing, or whether it was that a temptation presented itself for stealing in the appearance of an argument in favour of the main position, one sees how much broader the consequent conclusion is than the antecedent: therefore a writ of error lies not in that case in the Lords House till after a judgment has been given in the Kings Bench, and then the appeal must be from the judgment in the King's Bench. This is the conclusion that would have been consistent with reason, and with the authority which in this book written for the purpose of contesting it, he is continually proving /shewing/ was for ages after ages exercised without dispute by the House of Lords: this would have been consistent with the more accurate /compleat and thence more correct/ statement given by them as abovementioned, in the next page but one.

To have done with per saltum - In /To/ the eye of an English learned Judge - of a fee-gathering Judge - of the Chief Justice of the King's Bench - though that justice were a Lord Hale, we have /it has been/ some how impossible it is that any such dancing should have been agreable. To the eye of the legislator how would it have shewn? - if a legislator placing before him the welfare of the community, to the ends of justice the prompt and undeviating fulfilment of the declared will of the legislator? So far from condemning this step, he would have allowed no other. The ultimately appellate judicatory that that branch of the legislature which the whole body, not having time for judicature, has rendered the depository of its will, let this alternately[?] appellate (he would say) be the only appellate judicatory: it is thus that conformity to the assumed standard of rectitude the will of supreme powers[?] is most assuredly and constantly provided for: and that with the least delay, vexation and expence.