date

20 Oct. 1807 Eldon's Bill Now
20 Oct. 1807

Eldon's Bill

Now then suppose that out of the twelve months at present appropriated to injustice a portion more or less had been defalcated /stolen/ to the use of justice: where would have been the great harm of it?

And moreover admitting the harm where would have been the danger - the probability of it?

Ask if the Lord President, with the /his/ the learned Brethren who joined with him in the presentation /offer/ of the Memorial, set[?] down to a Petition when /before it was/ received by the House of Lords.

What was the object of their care /the declared object of their anxiety/? lest the six months consecrated to injustice below, to idleness above so much as a single hour should be revisited[?] unsupplied to any such bad purpose as the purposes /ends/ of justice.

 Such[?] their words.
Similar Items
  • Title: [20 Oct r 1807 Eldon's Bill]
    Description: 20 Oct r 1807

    Eldon's Bill

    '.4. (1) ( dispatch of business during the time of Session)

    Dispatch of business - the object thus placed in close contact with the limitative clause, the purpose of which if it has any is to counteract it as the object that calls forth this note.

    Dispatch of business the declared object and only /sole/ declared object of this section - dispatch of business the declared object and only declared object of the whole Bill - and /now that for/ the first time any application is made of it close in contact with it is stuck on a clause that has no other effect than to limit /obstruct/ it: to limit it, and to what use /good purpose/ let any one imagine.

    (The time of Session is but /lasts but for/ six months out of the twelve: six other months are /composes/ the time allotted to the reign and triumph of injustice.

    Denial of justice, a general /generally extensive/ and regularly established denial of justice the duration of it extending to several whole years - a denial of justice confessed by the diners [...?] and loudly complained of /proclaimed/ by /on the part of/ the sufferers being the grievance and dispatch of business the appropriate remedy for the grievance being the professed object, what is the first care? not too much should be done for the attainment of it.

    "The time of Session" - the time allotted for justice - lasts but six months out of the twelve: six other months compose the time allotted to the reign and triumph of injustice.

    Such is not mans care when /where/ justice is really an /the/ object. Such was not the care of Edward the 3 d's Parliament +, when traders being the class of suitors in consideration - (all traders without exception or limitation, and not foreign traders only, as the learned and astute editors of the Statute Book with its marginal contents would have it thought) the will of Parliament was declared that right should be done not only day by day, but hour by hour... so that the /those/ suitors should not by malice be deprived of a sufficiently speedy remedy.

    +27 E.3 p.2.c.19. A o 1353

    (for while this object was assigned to the proposed "new arrangements none at all was assigned to the proposed regulations, "the regulations touching appeals")
  • Title: [21 Oct. 1807 Eldon's Bill In]
    Description: 21 Oct. 1807

    Eldon's Bill

    In Scotland is it not to a similar state /similar causes/ of things that the lieges are indebted for an immensity /an aggregate length/ of factitious delay, with its inseparable accompaniment of expence still more boundless and afflictive?

    In Scotland could the learned Advisor have had the slightest colour of reason for expecting the smallest /slightest/ relaxation in the effective /operative/ force of those same causes?

    But a few months before the commencement of his learned labours had not chance co-operating with indiscretion, put him in possession of fresh /freshest/ and the most positive and the most conclusive evidence to the contrary?

    "In the manner ... hitherto practiced" among these Ministers and Guardians of Justice, in every twelve months for so many ages has not Injustice had six months together to range in /to do its work undisturbed/ /without let or disturbance/, while official indolence was enjoying its six months holiday?

    For near three years last past have not the /law oppressed part of the/ good people of Scotland been groaning under a regularly established denial of justice in hopeless and speechless agony? Has that part of the mass of grievance any other cause, than the paramount care taken by these Judges of their own case /repose/ the imperturbable indifference /serenity/ with which this mass of misery of their own creation has all along been viewed by them? Have not ten of these Ministers of Justice joined with their President in the assurance /profession/, the solemn and deliberate assurance /profession/ - of their consciousness that for the removal of the grievance - that grievance without /but for/ which the genius /public zeal/ of the learned Advisor would never have received this call, sitting in Vacations from day to day till + the paper of causes were exhausted, would of itself be sufficient without other changes: but that it must not be thought of, as being inconsistent with the requisite repose.

    + Art. 50
  • Title: [29 Oct r 1807 Eldon's Bill]
    Description: 29 Oct r 1807

    Eldon's Bill

    '.16

    Interest

    '.16 (1) (Interest)

    On the subject of interest, that is on the more extensive subject which on this occasion which called forth the mention of this word, our legislators had it been their wish to prevent malâ fide appeals would naturally have brought to view - viz. satisfaction for wrong by intermediate loss of possession, adding to compleat the provision, ademption of the value of any ulterior advantage made of the wrongful possession, enough has been said in the 5 th of these Letters. Was such their wish? It is just possible. But if so, how deplorable is the narrowness of their views.

    In the Memorial in which the Lord President was joined by two others of the 15 Judges - at a time (when Lord Grenvilles first Bill on the subject was on the carpet,) when the plantation of the Chamber of Review like a threatening milstone hung over those learned heads, no exertion was thought too great to keep /stave/ it off. The declared /principal/ object of this tremendous Chamber being to ease /the time/ the House of Lords of the extra load of Appeals that pressed upon it, here cried the Memorialists are a set of regulations that will do the business: do it in such a manner /so effectually/ that without any such "subversion of the Constitution of the Court, and of the fundamental laws of the country, contrarily to the articles of Union, and violation of the claim of right", will so order matters, "that the number of appeals will soon cease to be a grievance to the subject, or a burthen to the House of Lords." + Act 1

    Hereupon, to recommend the succederunt[?] propositions to the lovers of justice, if such were haply to be found, it was deemed necessary that some regulations tending really so far as they went to the ends of justice should be brought forward: the last of them was "that the House of Lords should allow higher cases, according to circumstances, and should also award interest on the score[?] in dispute.

    /in reality or in appearance memorial '.48.