8 March 1807

Judicial Justice

Letter V

Degrees

5.6.7. Degrees or Stages of Jurisdiction - what number the most proper.

Generally speaking in every country, but under the British constitution more particularly, the sovereign power in the state and the legislature, are considered as synonymous or convertible terms. Supposing the supreme power to be in a single hand, as in Russia for example, he in whose hand it is, is on that account termed the legislator.

The Judge, though among the head servants, is but the servant of the sovereign. To the people in general, considered in the character of the subjects, and to the Judge in particular, the will of the sovereign, be he who and what he may, monocephalous or polycephalous, is the standard of rectitude, is the will of the sovereign: of the sovereign of the time being; the will of a sovereign of time past being no otherwise a portion of the standard of rectitude, than in virtue of the universal and universally notorious habit of adoption in virtue of which, in a settled government, the will of every past sovereign becomes and on each occasion is considered and treated as being the will of the sovereign for the time being, unless and until by express law declared to be so no longer.