19 May 1807

14 (6)

Letter V

Plan

J.B. Remedies

put before this the modifications of judicial injustice [...?] viz. corresponding to the ends of justice with the addition of non-conformity and non-uniformity

1. Maintenance of the authority of the legislature or supreme power in the state over the several subordinate judicatures - or in other words, Maintenance of the course of decision in each judicature in a state of undeviating conformity to the declared will of the legislator - 2. Prevention of judicial usurpation, or in other words Maintenance of the limits respectively set to the jurisdiction of the several subordinate judicatures. 3. Maintenance of uniformity in the course of decision as between the decisions of the same judicature at different times, and as between each judicature and every other as well as the same time as at different 4. Prevention of misdecision - of ultimate misdecision at least as effectually as possible, in the first part of the several subordinate judicatures:- 5. Prevention of unnecessary delay, with its natural and almost inseparable concomitants unnecessary vexation, expence and failure of justice - 6. Periodical receipt or collection of facts indicative of the state of judicature in the several judicatories, Court of Justice in respect of its subserviency to the several ends of justice as above enumerated.

These five, if the enumeration I have made be correct compose in every country the list of distinguishable functions no one of which can, consistently with the ends of justice, be left unexercised.

Under the peculiar constitution of our own Country the above list of remedial functions may I suppose be added on the part of the House of Lords, the second of the three branches of the supreme commonly called legislative authority in the state, the preservation of such its share: for, let its share in the supreme superintending judicial authority in matters of judicature be for argument sake {be supposed to} be lost, its share in legislation would scarcely, I should suppose, be found capable of being preserved.

Under the peculiar constitution of the British empire, to the above list of remedial functions may, I suppose, be added on the part of the House of Lords, in its quality of second of the three branches, of which the supreme legislative power in the state is composed, the maintenance of such its station in the government - more shortly maintenance of the privileges of the House of Lords: for, let its portion of supreme superintending authority in matters of judicature be, for argument sake, lost; its share in legislation would scarcely, I should suppose, be found capable of being maintained.