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23 Oct r 1807
L d Eldon's Bill
'. 1.
Division vice Court
Among the intentions ascribed to the Union Act was that of keeping every thing in Scotland from all change, and consequently from all improvement /beneficial change/: and in particular that as to the judicature in the highest stage, nothing should ever be done by the legislature to make it go on better, while the Judges were to keep making it go on as much worse as they found convenient and agreeable to themselves.
In the case /instance/ of Queen Anne's motto, it was in jest that worse and worse was given as the translation of Semper eadem: but in every case /instance/ where shutting its eyes against the light of experience presumption or hypocrisy has undertaken to give eternity to human institutions, by tying up the hands of the legislature /supreme power/, it is the true version, and the only true one.
To the breaking /bursting/ in an honest and manly way these pernicious and essentially illegal bonds /bands/, there was a class /set/ of lawyers that had an insuperable objection: but the objection was of a moveable /ductile]/ nature, ready to give way, on condition that lawyers instruments, viz. fraud and abuse of words were employed to steal cases out of it /these bonds/ one after another, as they were wanted. Why? - Because fraud and abuse of words, instruments of lawyercraft, kept under lock and key /a sort of pick lock instruments[?]/ by lawyers, were /could/ not to be employed without their leave: whereupon if it were for the benefit of the people, that the breach were to be made and in a manner that suited not the purposes of these lawyers, no it could not be done: but so long as this purpose /convenience/ were not crossed by it, oh yes, do it and welcome.
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Title: [1819 March 14 Letter 7. Whigs Anti]Description: 1819 March 14 Letter 7. Whigs Anti Reformists {Erskines Reform} I. or III Shape Earl Grey 8 2 9 But what Your Lordship is and then was, Lord Grey for the declaration of whose head some of the choicest of your Lordships laudatory /laudative/ flowers are allotted, Lord Grey who deserves the highest praise says Your Lordship for this honest, manly and useful declaration (p. 14) is and then was likewise. Well then his Lordships disposition towards this same reform what is it now? for as it is now so was it then likewise. What then is it now? It is that which I speak of his Newcastle Speech + leads him at the commencement to give us to understand that he has no great objection to it provided it amounts to nothing and at the end of that same speech that it is not in the nature of it to be of any use. || Well then if forasmuch as /supposing/ of this “honest, manly and useful declaration” – manly and useful are epithets which I join /concurr/ most sincerely in bestowing upon it reform in practice was not the object, what then it may be asked was the object? The object? Why my Lord it was the everlasting object – the driving the Ministry out and stepping into their places. The great body seated as it was impossible that any considerable number of them should concurr in aiming at the professed object – at any one good object – at the pretended /professed/ end or at the pretended /professed/ means – at stemming the tide /at lessening the flux/ of waste and corruption or at giving to the great body of the people the real choice of these agents whom they were said to choose nothing was more natural nothing more thoroughly to be depended upon – than that they should disagree || ☞ Look to the words
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Title: [23 June 1805 Evidence Introd]Description: 23 June 1805 Evidence Introd Ch. Non Notoriety ''.3 Contracts In this state of things if a contract visibly[?] entered into fails of receiving, when and calls for it, the assistance of the Judge for the enforcement of the obligations imposed by it, the addition[?] of the services intended to be rendered in virtue of it, the party who suffers by such failure, fails not, as soon as such failure is made known to him, to receive a shock: a power which may be called a power of disappointment: which shock or pain is of course more or less severe, according to the value of the service the good, the property the benefit whatever be its nature of which he thus finds himself deprived. It may be next to nothing: it may be instead every thing that is dear to him, every thing he either considered himself as possessing in present or entertained any expectation of coming to the possession of in future. No sooner did /had/ the art of writing come into general /any tolerably extensive/ use than it was /came to be/ employed to give expression and permanence to this particular class of private laws: and no sooner did the practice of making this use of it become frequent, than the influence of sinister interest, ever upon the watch, laid hold /took possession/ of it for the purposes of abuse. Instruments which did not contain the expression of the will of the individuals who upon the face of them appeared by the mention made of their names to have been parties to those contracts, authors /instruction/ of those private laws were framed in such manner as to appear to contain the expression of such will, and by so doing, obtained, unless the fraud came to be /were/ discovered, the assistance of the power of the Judge, which accordingly employed itself in enforcing the fulfilment of these spurious contracts in the same manner it would have employed itself in providing for the fulfilment of so many genuine ones. The fabrication of such spurious instruments constitutes the most extensive and mischievous modification of that species of fraud which has acquired the name of forgery. + pretended wills, pretended conveyances inter vivos pretended bonds notes and securities for the payment of money.
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Title: [23 Oct r 1807 L d Eldon's Bill]Description: 23 Oct r 1807 L d Eldon's Bill '.1. Division vice Court The absurdity of /mischievousness and thence the wickedness of/ the attempt to give eternity to human laws has been held up /stigmatized/ to infamy /view/ so long ago as in the sacred volumes /Jewish scriptures/ in the instance of the laws of Medes and Persians: but the instruction has succeeded no better in the repression /prevention/ of wickedness in this than in so many other shapes. There are two descriptions of persons who possess an indefensible interest in the perpetuation of this /maintenance of this/ worst of [...?] one class is composed of the mixt[?] multitude of prejudice: those who derive a profit from any as yet unreformed abuse the indefensibility of which is notified to them by their own consciences /each man by his own conscience/ the other class is composed of the compact and well-known fraternity of lawyers. What can not be defended by sound argument drawn from the principle of utility /grounded in consideration of general welfare/, must, if at all be defended by some such fraud or fallacy. Be it but once established that laws are susceptible of eternity, capable of being made alteration proof, thereupon all that remains to be done is to look for some device by the application of which, whatever /whatsoever/ the abuse be, the quality may be pretended to have been conferred[?] on it. Lawyers are interested in the maintenance of this doctrine by a double title: 1. because it can scarce happen that there shall be /exist/ any species of abuse /modification of misgovernment/ in which they have not a /do not possess their/ share: 2. because wheresoever application comes to be made of the doctrine /the device/ in question, to their share /in their hands/ principally if not exclusively will[?] full[?] the making of it. Fraud and abuse of words is an instrument of which the custody /keeping/ is in their hands, and in the use of which exercise has given to them a degree of expertness not to be looked for elsewhere. If in that way a job of any kind is to be done for any body theirs as they will know, is the House of Call from whence /whatever[?]/ the hands that are wanted must be got for it.
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