12 Oct r 1807

Lords Delegates

After Ch. ││ Hale's Plan

Ch. ││ Hale's objections

Under the mixt constitution of the British Isles this identity this compleat junction between the supreme legislative power and the supreme judicial, is not practicable. With difficulty the united /co-ordinate/ authorities find time for legislature: for judicature they could find none without abandonment of that duty which to judicature is in importance as infinity to one.

The expedient which the three united authorities have found themselves reduced to by necessity; is the confiding to one of them /abandoning this charge/: that one is the House of Lords, [...?] the inconsistent and anomalous but happily not widely-extending exceptions formed by the Ecclesiastical Courts, the Admiralty Courts, and the Colonial Courts, to the House of Lords and to that authority alone belongs the charge and care of securing in the divisions on the part of the several judicatories an undeviating conformity to the will, declared and presumed, statutory and jurisprudential, of that supreme legislature, in which of itself it proposes but a third share.

 proceed to show the reasonableness of the expectation of fidelity on the part of the Lords then go on as per next page.