093-462.xml

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.

093-459.xml

Title: [29 Oct r 1807 L d Eldons Bill]

Description: 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."

JB_094_167.xml

Title: [5 Apr. 1808 Eldon's Bill Ch]

Description: 5 Apr. 1808

Eldon's Bill

Ch.3. diver[...?]

13. To his Commissioners alarm, [...?] not to the Courts of Session, the learned scrobe gives his requisitorial authority, treated as it is. In any view of the matter whatsoever may to the facts necessary to serve as grounds for legislation, information touching their facts, and consequently all means necessary for the obtainment of that information in a compleat[?] as well as correct shape; the same are no less necessary to one set of initiative /initiating/ legislators than to another; not less to these when authority is confined to the suggestion of preferred laws. /Ch. │ │ supra/ My reasons for this opinions will occupy part of the chapter last spoken of.

14. In conformity to usage, as well as in my humble conception to propriety, the authority which the learned scribe gives for enquiry he gives to a Board, in contradistinction to an individual or one or more persons /individuals in greater number/ acting singly. But to the persons to whom he confesses[?] the authority for enquiry, he confirms, (with the exception of the Court already and all along in possession of legislation power though subordinate) the authority, and with it all encouragement for the suggestion of regulations. In my view of the matter on the present occasion in particular, neither Faculty for this purpose nor encouragment ought to be withholden from any individual in when[?] instance it can be expected to operate. The grounds of the opinion with an idea of the sort of encouragement that seem[?] [...?] to the nature of the case, will occupy a distinct Chapter. /+Ch │ │ Encourage Alternative[?] suggestions./