date

26 Oct r 1807 L d Eldon's Bill
26 Oct r 1807

L d Eldon's Bill

Had any such regard existed, or did any such regard exist at the present moment, the demand by which the exertions[?] occupied in the production of the Bill were brought forth that demand the existence and the justness of which is confessed and proclaimed on all hands, never could have had existence.

If powers adequate to these ends - or at least to an approach infinitely[?] nearer than has ever been made to those ends, there never has been any wants[?] /a deficiency/. That of /The article/ in which there has been and is a deficiency - an utter deficiency - is adequate motives: and for the supply of this deficiency nothing has been done by any thing that has been brought forward on either side.

If a system bonâ fide directed to the ends of justice, - if the system of natural Procedure having been applied to this subject by the higher powers, were to be put into the hand of the Court, whether in its whole /entire/ or in its divided state, there need be little apprehension of its not being conferred to. But for the joining in the framing of any such system, in that place motives always have been, and still are utterly wanting: and in such a case to want motives is to want means.

If ever there had been a time in which a sincere regard for those ends were really prevalent, as great a regard at least and in the nature of things a greater, would exist /be to be found/ at present.

But at present no such regard does exist. By eleven out of the 15 present Judges all such regard has been solemnly and deliberately disclaimed: and to ascribe it to them would be not compliment but mockery. But of the twelve months of which the year is composed, six with a few particular exceptions too inconsiderable to be here worth asking are dedicated in the words of those Members of justice to " periodical repose". Of that 6 months not a moment have they considered without declared[?] repugnance as capable of being sacrificed to the ends of justice.

+ Minimal[?] Art. 50. p28
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    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.
  • Title: [27 Oct r 1807 L d Eldon's Bill]
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    assembled by President?

    As to the 6 months consecrated to repose, if any part of it could be spared, to which of two purposes could it be most advantageously spared - to the judicature which is their duty - or rather would be /if so exalted a subject admitted of any such attribute/ or to the legislation, which in their /that/ station is but right and power, uncharged with duty? to the immediate discharge of that arrear which were not the discharge of it inconsistent with the absolutely requisite periodical repose, could be discharged at any time "without any change at all", or to the devising systems of regulations for the prevention of its encrease or for the discharge of it at some future contingent portion /point/ of time.

    As to regulations; tending in any the smallest degree to the putting an end to that universal denial of justice, or to the furtherance /more effectual attainment/ in any other way of any of the ends of justice, had there been the smallest stomach /in that seat of power any the slightest real inclination/ for any such operation /business/, what should have hindered it /the inclination/ from coming into act and producing its effect?

    But there were /had been/ doubts (Presidents Bill '.13) about the extent of such their power - whether it were really adequate to the attainment of the ends of justice - doubts? where /what/ were those doubts, and by whom raised? if by any body /any where/ among and by themselves, for by no one else have they /any such doubts/ ever been expressed. But suppose the doubts existing, has there ever been a time, in which the removal of them has not been in their hands? Suppose a regulation suggested, of which the utility was out of doubt, the legality alone subject to doubt. Could not they at any rate have enacted it, leaving the doubters to deny /contest/ the legality of it if they were able?

    Or if that course were not approved of, was not Parliament always open to them? In some way or other, through some channel or other could not they have proposed the regulation to Parliament? Memorializing as they have done to deprecate changes, would there have been any more difficulty, had inclination[?] been present, in memorializing[?] for the purpose of bringing a change? Or if they thought not fit thus to present themselves directly in their own person and character to Parliament, has there never been in either House any one Member, with whom they had credit enough to make a motion for the change?
  • Title: [26 Oct r 1807 L d Eldon's Bill]
    Description: 26 Oct r 1807

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    Procedure the same[?]

    1. In favour of the allowance of diversity pleads the benefit of competition.

    Upon competition, upon the force /power/ of emulation[?] you depend for that superior regard for the ends of justice which you expect to find in three or even in your two Courts which by division you have made into one +. This you look for in the course taken by them respectively in relation to each individual cause separately considered. But in [...?] either Court in any individual instance would attempt to pay any higher regard than had been before paid to those sacred ends, if the system under which it acted did not admitt of the innovation. Small indeed can be the effect of any emulation[?] /competition/ in regard /conformed/ to the mode of acting under the rules, if in regard to the rules themselves each Court were put under a yoke not of its own framing, and each under the same yoke.

    Supposing on both sides or on either side /or at least supposing on one side only/ a sincere regard for justice, accompanied with a clear view of the most effectual /straightest/ course to be taken for the attainment of those ends the argument seems weighty strong, and indeed so strong /weighty/ that it seems difficult to conceive how on the other side there should be any argument or arguments, capable separately or collectively to outweigh it.

    The misfortune is, that the position which the argument finds it necessary to assume is a proposition standing in contradiction to all history as well as to the very nature of things /most indubitably prevalent principles of human nature/.

    + Consult what has been written on this head