date

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

L d Eldon's Bill

'.11

assembled by President

But the two learned draughtsmen are upon the best terms - fratres egregior[?] concordes[?]: the production of the Scottish legislator is taken as /for/ the basis of that of the English one: and after those alterations in respect of forms and accessories which were necessary to attest the recognition of that superiority of talent, which is the faithful accompaniment /companion/ of superiority of office, as to all essentials, such is the favour shewn to /by/ the legislator paravail /paramount/ by the legislator paramount /paravail/ that with him it is but ask and have.

In the present instance, in the interval between the two Bills, to such a degree had favour ripened (in the interval between the two Bills), that the modesty /moderation/ of the subordinate legislator is rewarded with a power extending far beyond his claims /own demands //any thing that he had proposed for himself/, what it had proposed for itself. In both the Lord President's Bills the identity of the "forms of process" as[?] between Chamber and Chamber being supposed to have been already established /pre-established/ provision is made that "no alteration thereof shall take place but by Acts of Sederunt of the whole Court assembled by the Lord President. Thus far it seemed to be tacitly assumed that (no other) alteration was in question other than those /except those alone/ which would be necessitated from the division of the Court into two Courts. The necessity of the concurrence /presence/ of the Lord President is accordingly in those Bills of the Lord Presidents carried no further: for immediately after comes the clause in which it is said that "occasional meetings of the whole Court may be held as at present for making Acts of Sederunt, or exercising the other functions of the Court distinct from deciding causes, the Quorum at such meetings being nine, as at present."
Similar Items
  • Title: [27 Oct r 1807 L d Eldon's Bill]
    Description: 27 Oct r 1807

    L d Eldon's Bill

    '.11

    assembled by President

    But between the printing of the two Bills, ambition had swelled in the lower /inferior/ regions, the spirit of liberality had taken possession of the upper: what you proposed for your Right Honourable principal, quoth the Lord Chancellor's learned draughtsman to the Lord President's, is a mere trifle: leave the matter to me, and see what care I take of you: every thing may be done with you, nothing at all shall ever be done without you. Thereupon he goes to work, and taking up the section as drawn by his learned co- and sub- operator re-enacts it in substance the first of the two parts which it consists of, with no other alteration than what consists in the stuffing in a quantity of surplusage, as usual from his own kitchen[?] to suit it to his own taste: Between forms and[?] of process he shifts presiding[?] and: taking out in both Chambers, he shifts in here before each of the said Divisions of the Judges respectively and before the Lords Ordinary of each respectively: then come [...?] verbis[?], and without any improvement made by superiority of station and learning, and no alteration thereof shall but by Acts of Sederunt of the whole Court: then immediately thereupon, after stuffing /interpolation/ in /of/ the favourable clause " in a quorum of nine Judges thereof, come the auspicious words copied with the most gracious fidelity, assembled by the Lord President. At the sound of these words as it were by a sudden fit of inspiration, such as genius is subject to, on he rushes giving to the Court or Quorum thus put under the power /guardianship //monarchy/ of the Lord President - the power to do everything that is to be done: "to which Court or Quorum," says he (as if by the bye) "it shall be competent to make such alterations in and regulations concerning such forms of proceeding and process, and particularly concerning the mode of conducting the Pleadings in the said Divisions or Court, and before the Ordinance, by writings or by pleadings caused on" (carried on?) " vivâ voce, as shall appear necessary or expedient ..."
  • Title: [27 Oct r 1807 L d Eldon's Bill]
    Description: 27 Oct r 1807

    L d Eldon's Bill

    '.11

    Assembled by President

    (│ │) (assembled by the Lord President) A singular provision this, if ever there was one, and not a little instructive, it will be curious enough to see what Parliament will say to it. The summons from the Lord President, no assembly, no Court, no Quorum, no any thing for this purpose. In this subordinate indeed but highly important legislature, out of 15 Co-ordinate members, one made King, with a Royal negative. King did I say? much more than King; at least three the King is in the supreme legislature of the three Kingdoms. He is sole Lord of the Articles: possessing a preliminary negative. He possesses not only /merely/ the power of stopping /rejecting/ any plan of amendment that has not his approbation, but the power of preventing it from being so much as mentioned. (Either the clause has this meaning, or it has none. On no other occasion but this has any such attempt been made). If the power of putting an end to unacceptable measures be open to argument, the power of not suffering them to begin is beyond dispute.

    Lord Chancellor's learned draughtsman to do him justice, it was /is/ not to /with/ him that the idea of setting /placing/ the crown upon the head of the Lord President was introduced. It was slipped in, in the corresponding section of the second of the two Bills framed by the learned Draughtsman of the Lord President: of these two Bills of which the care /regard/ to be taken of the dignity of that Right Honourable head of the College of Justice was the capital and most paramount object, not to say the only one.
  • Title: [25 Oct r 1807 L d Eldon's Bill]
    Description: 25 Oct r 1807

    L d Eldon's Bill

    But suppose that in regard /on the subject/ to this or that particular portion of the practice of the Court doubts of /as to/ its legality have ben entertained, are these doubts never to receive a solution? - Oh yes: and the sooner the better. But as often as this is the case, and Statute law is called in to remove the doubts, say that there have been doubts /state the existence of such doubts/: by this means, and no otherwise /on these terms, and on these terms only/ where this or that part of the fabric appears to be in want of a steadiment, the steadiment may be applied to it without endangering the stability of the whole.

    Accordingly in the last clause /section/ of this Bill in /of/ which last clause the business amongst other things is the establishment of a Commission for the initiation of new regulations in the /a/ preambular part of it the Lord President has /had/ (with perfect propriety) inserted a recital that "it has been doubted whether the said Court (the Court of Session) by virtue of its general powers, can make all the necessary regulations." And this last section being taken by the Lord Chancellors learned penman as the basis of his own last section directed to the same object, this recital is employed in it, and with no other alteration than an immaterial one or two, the fruit of the habitual /result of the constitutional/ recklessness, and the ambition of shewing the constancy with which /how constantly //how constant a companion/ with which superiority of station is /has [...?]/ accompanied with superiority of intelligence: instead of " its general powers", " its present general powers", and instead of "can make all the necessary regulations" "can make the necessary regulations."