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15 Oct r 1807
Lords Delegates
After Ch.│ │ Advantages
Hales Plan
14 E.3.C.5 Delinquent Judges
In this same statute, and indeed in this same machine, may be seen the first parliamentary notion taken of the principle of nullification
║ one of the most efficient of the may engines invented by the Genius of the Technical System, the dæmon of iniquity, and which to this day is in perfect order, and in full work.
It is by means /the help/ of these engines added to so may others lodged in the same repository, that in a countless multitude of cases /cases to a vast and unmeasurable extent/, no sooner does a man feel the ermine[?] on his back, than he finds himself invested with power compleatly arbitrary, to be exercised without any other expense than that of a cloak of hypocrisy to cover it.
(To return to the Statute)
This sense of wickedness being brought to the view of the legislature /towards parliament/ - what did they? Turn out the wicked Judges, and consign them to one of those parts[?] to which they had consigned so many honest men? Alas no! the Realm of this wickedness was in one of those spots which are too high ever to be reached by punishment /to be within the reach of punishment/. The Judges were to do so no more: the process /instrument/ in which the pretended error had been found was not to be annulled: the error was to be amended, oh yes! - " hâtivement"[?] in a trice: the other party was to derive no advantage from it: - all this was commanded, nothing of it done.
Such was the statute /provision/ which Lord Hale, had he looked at the other, would not have failed to see, and which could he have borne to look at it, would have contributed to some line from the error of supposing that a set of Judges, whose practices even then standing in full view of Parliament, were put by that same Parliament into the same commission with those their noble superior by whom their enormities were to be repressed, put into it for the purpose of enabling them to outvote the real commissioner and render the commission negative.
║ ibid.
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