date

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

L d Eldon's Bill

'.11

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?
Similar Items
  • 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."
  • Title: [27 Oct r 1807 L d Eldon's Bill]
    Description: 27 Oct r 1807

    L d Eldon's Bill

    '.11

    - assembled by President

    So much for the effect of those significant words, now as to the instruction that seems derived from them /they seem pregnant with/.

    Judging merely from what is public, if /were/ the question were put to me, what do you suppose, the Lord Presidents draughtsman means should be done, and if I were obliged to answer, my /the/ answer would be - nothing.

    Unless it be by encrease of salary, an operation to which nothing more than a few words without any such elaborateness of regulation would be necessary, in what shape can /could/ he be /any thing/ the better for any thing that could be done? Answer - in none. After or before or along with salary /the peculium/, what has he the greatest regard for /is it that sits nearest to his heart/? The answer has been given by himself (- his own case? his own necessary periodical repose: - that repose viz. of 6 months out of 12, which being acceptable to a person of exalted dignity and proportionable merit that he knows of, he concludes to be absolutely necessary to every other head or at least to every other which has learning in it /everything of jurisprudential learning to agitate and plague its periodical repose: - that periodical repose (6 months together out of the 12)/) "which the laborious functions, both of the Judges and Counsel, absolutely require."

    Supposing it now his intention /suppose it merely for arguments sake his intention/, that any such new body of regulations should be made which his draughtsman and what is more the Lord Chancellor's draughtsman he is determined it shall not be without a Court or Quorum assembled by the President, when would be the time for making them? Not the six months vacation nor any part of it: given to judicature, given to legislation, every hour misapplied in either way would be so much taken from that periodical repose which the laborious functions of the Judges, ... absolutely require. Still less from that only other remaining portion /half/ of the year, during which to such a degree are those learned persons fatigued and over-fatigued with the laborious functions so imposed upon them, as to require /the other/ 6 months to recover themselves.
  • Title: [24[?] Dec r 1806 Scotch Reform To]
    Description: 24[?] Dec r 1806

    Scotch Reform To L d Grenville

    2

    Resolution 5

    Pleading

    Here there is a regulation established by an Act of Siderent[?] established already in 1787: now in 1806 comes a proposition for establishing the same thing over again by Act of Parliament.

    Here is /stands/ a [...?] fragment with reflections, and not much less so with doubts.

    The regulation has it been acted upon? then why in a system of reform introduce and re-enact the regulation, and this alone, to the exclusion of so many hundreds of others that also have been acted upon these few times alone out of the contents of a vast folio volume.

    Has it been consigned to neglect? - Then what security will the proposed re-enactment afford of itself against the regulations sharing the same fate a second time as it did the first.

    Is it that their Lordships were in the habit of making regulations, and [...?], without repeating them, or saying in point a syllable about them, making them in practice as waste paper? Yes, my Lord, they are. Practice swarms[?] with instances: to collect them all would be too heavy /severe/ a task: but to prove it to your Lordship that what is here said is not without ground, a few references in the margin are subjoined: and even were these all, the points they include /embrace/ are such as can not but present themselves as swarms[?] in every days practice.