date

29 Oct r 1807 L d Eldons Bill
29 Oct r 1807

L d Eldons Bill

'.18

'.18 (1) (And whereas the present forms &c)

In /On the occasion of/ penning this last and most important section, as one the occasion of so many preceding ones, the Lord President's learned draughtsman, and the Lord Chancellor's learned draughtsman travel on the same ground /take the same ground to travel on/: but the Lord High Chancellor's learned draughtsman, as usual /here as elsewhere/, going to work with the joint advantage of superiority in point of station, and posteriority in time, illuminates it with light /coruscations/ passing the illuminative powers of his howsoever learned antecessor /harbinger/.

Contented with governing, the simplicity of the Scottish legislator restricts itself to the giving leave: disclaiming /scorning/ to force /lead/ /command/ the will without having previously enlightened the understanding, the more generous ambition of the English legislator makes it a law to itself to prescribe /no law/ to others no law to the admiring world below no law, which he has not previously justified, adorned, illustrated and anchored in the mind by reasons. Reasons? and what reasons? - even such as might have been expected from a discretion like his in its very soundest state: - to each set of regulations a reason, and each reason a discovery: a discovery in his own best stile.

Enacting that concerning the "extracting decrees, registration of the same and execution therein "... " full inquiries" shall be made, and by the inquiries such alterations or amendments (for so they be alterations they need not be amendments) as to the same shall appear to be most reasonable and best calculated for the due administration of justice in "that court" why is it /for what reason/ is it that he does so? even[?] for this reason, viz. because, (and this is the discovery he has made) then[?] "it would be expedient that regulations should be established relative to" that subject - and moreover that those regulations should be " proper" ones - "whereas" (says he) "it would be expedient that proper regulations should be established."
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  • Title: [29 Feb y 1808 on L d Eldon's Bill]
    Description: 29 Feb y 1808

    on L d Eldon's Bill

    Letter VII

    1. Reasons necessary

    So far as concerns the stage previous /antecedent/ to the introduction of the Bill into the theatre /seat/ of legislation the ideas above hazarded have not been fortunate enough to find the sanction they would have been glad to find in the practice either of Your Lordships learned Advisor or in that of the draughtsman employed by the learned and noble Lord.

    So far as concerns the incorporation /insertion/ of this sort of reasoning with /into/ the body of the proposed law, in its ultimate and binding state, they have in the latter instance to a certain degree been more fortunate.

    In one section, (the 18 th) reasons, such as they are /considerations to which/ that name can not consistently with the rules of decorum be referred announced as they are in that character by the introductory adverb whereas, are not altogether wanting:- reasons of the most unexceptionable cast, consisting in /composed of/ expediency than which a better sort of material to make a reason of is doubtless not to be found, if the existence of the expediency, instead of being asserted, and thus asserted, were but rendered probable or put into a way /course/ of being an enquiry found to be so.

    "And whereas it would be expedient that proper regulations should be established relative to extracts[?] of decrees" and so forth - then after /with the intervention/ other matters come[?] the clauses giving authority for the proposed of these " proper regulations" -

    "And whereas it would be expedient that regulations should be established relative to the causes or processes" &c - then, in due course comes a clause giving authority for the establishment of these regulations, on the propriety of which it has not been deemed necessary to insist.

    "And whereas it is expedient that due and proper information" ( propriety now again becomes necessary with dueness into the bargain) "touching such matters as aforesaid, to the intent that the most salutary regulations should be made and established by due authority" then again in due person came the clauses, whereby authority is given for collecting such due and proper information [...?] the hands enquired /to/ whom the enquiry happens to be directed may happen to be polite enough to supply.
  • 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: [29 Oct r 1807 L d Eldon's Bill]
    Description: 29 Oct r 1807

    L d Eldon's Bill

    '.18

    Enacting that /concerning/ the same enquiries that they shall /it shall be their duty "to/ "state what regulations appear to them proper to be adopted relative to Processes or Causes (neither with " Actions, matters, or complaints, relating to subjects, matters or things" as per '.9 need they on this occasion give themselves any trouble, but only with "processes or causes") "to be brought into the Court of Session by Advocation or suspension, or in the first instance, or before the Circuit Court", for what reason is it that he does so? even for this reason, because "it would also be expedient that regulations should be established relative to" that subject: and here note the diversity between the two subjects, viz. this latter this one and the former one last above mentioned: on that former subject it was expedient that the regulations should be proper: but to this latter subject the same demand dare not extend; wherefore on this latter occasion the requisition of propriety, as being for this particular occasion too rigourous is with great propriety, in the exercise of that sound discretion which never leaves this most learned person, omitted.

    Lastly being about to enact that "full enquiries" touching those matters ("after choosing a Prices[?] and Clerk" - snug comfortable little places these -) shall be made, for what reason is it that he does so? - even for this reason - because "it is expedient" (" whereas" (says he) assuming it, on well he may; and without fear of contradiction) whereas it is expedient that "due and proper information" (the information would not answer the purpose unless it were proper, nor even then unless it were due) "due and proper information should be obtained touching such matters as aforesaid" - and for what reason? behold now and crown the (pyramid) reason upon reason - "to the intent that the most salutary regulations should be made and established by due authority."