date

27 Feb y 1808 on L d Eldon's Bill
27 Feb y 1808

on L d Eldon's Bill

Letter V

'.4 Reasons not impracticable

 After Introduction?

According to the turn given to the phrase, considerations to the effect exemplified in the above rules may form the matter either of reasons or of instructions. of reasons alledged by the sovereign legislator to the community at large, in justification or /and/ explanation of a law compleated by his own hands; of instructions, when addressed by him to any subordinate legislator for the guidance of such subordinate - in the expectation /hope/ that the regulations the framing of which is committed to such subordinate will when framed be of such a stamp /complexion/, as to receive from /find in/ those same considerations a justification and explanation, as above.

On this ground, it will, if I do not misconceive the matter be found that effects may be produced: to a prodigiously ample extent by resons (or instruction) capable of being expressed as above within a very narrow compass, by a very successful form of words. Accordingly, on the supposition that those considerations may without impropriety be termed principles or rules of reason, a little further on the subject now on the carpet will lead on to denounce[?] to your Lordship the whole fabric of the law of private right as framed /put together/ by the hand of jurisprudence under the influence of that sinister interest which gave birth to the fee-gathering system, in such a manner as to afford an example of a perpetual violation of those rules.
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  • Title: [21 March 1808 on L d Eldon's Bill]
    Description: 21 March 1808

    on L d Eldon's Bill

    Letter V

    '.6. Instructions

    '.6. Instructions

    I come now to submitt to your Lordship a few explanations relative to the Instructions which, as above observed, I should, had it been my lot to have held /had any such honour[?] as that of holding/ the pen for the Learned and Noble Lord /fallen into any such humble hands/, have been disposed to have inserted in the proposed law, for the guidance of the different sets of functionaries, to whom by the supposition, authority for the formation of a code of judicial procedure (including certain arrangements relative to the state of the judicial establishment) was to be committed.

    Between reasons and instructions - reasons, considered as being to be assigned by the legislator in chief in justification and explanation of have made or prepared to be made directly by his own hand - instructions considered as documents[?] to be inserted in the text of laws[?] of his own framing, as above, but designed for the guidance of a set of functionaries /subordinates/ to whom authority for the framing of proposed laws destined eventually to receive /subject to corrections/ his sanction and that any to become laws[?], the connection[?] is obviously a most intimate one.

    Between the considerations which recommend the insertion of reasons into the text of the law /in the one case/, and those which recommend the insertion of instructions into the text of the law in the other case, the connection will of course be in a correspondent degree intimate.
  • Title: [Feb y 1808 F + on L d Eldon]
    Description: Feb y 1808

    F +

    on L d Eldon's Bill

    Letter V

    VI Instructions proper[?]

    But when the instructions changed[?] by the ends of justice it is [...?] will be neglected, such [...?] is not sufficient of itself. The [...?] of [...?] despatch had already been declared[?]

    '.6. Utility of annexing Instruction to the Powers here conferred.

    '.6. Instructions should be annexed to the Powers here conferred.

    As to instructions meaning instructions from the supreme to the subordinate legislative authority, the utility of these documents is near akin /nearly allied/ to the of reasons :for.

    The same considerations by which in the character of reasons, the legislator in chief, if he were to furnish the law with his own hands, would be guided in the furnishing of it, well frequently in the character of instructions, be the best and most useful guides capable of being given by him to his subordinate, where the finishing of /putting a finishing hand to/ the work is left to the subordinate. The ends of justice for example in the present instance - the ends of justice as far as they go, are not only the fittest objects which the legislator can set before him in the character of guides are to the legislator not only fit guides but indispensable ones. In /of/ any instructions given to the subordinate, one indication given of these same documents in the character of guides would therefore constitute with perfect propriety a principal and leading part.
  • Title: [2 March 1808 on L d Eldon's Bill]
    Description: 2 March 1808

    on L d Eldon's Bill

    Letter V

    '.6. Instructions

    The matter of instructions /considered as addressed to subordinate legislators/ will however be apt to occupy a wider field than the matter of reasons considered as addressed to the people at large in the character of subjects: it will contain the matter of reasons: it will comprehend other matters besides.

    Of Instructions, proper to be delivered for the guidance of subordinate legislators, the matter presents itself to my conception as divisible into three principle parcels: a division which seems applicable enough /capable /susceptible/ of application/ whatsoever part of the field of legislation may be intended to be subjected to their authority: and which, at any rate will be found to have its application here.

    1. Instructions indicative of ends: viz of ends, whether spoken of as fit or not fit to be pursued, or not fit to be pursued

    /Consideration being had that ends are/ Ends being susceptible of the distinction into superordinate and subordinate - General and particular /special/ Thus far the field of names and the field of instructions will coincide thus far the field of reasons will be included in the more extensive field - the field of instructions.

    Whatsoever considerations would in the character of reasons operate in his own mind, had the arrangements been to be penned in detail by his own hand, it will of course naturally be the wish of the legislator in chief to see operating in that same character on the mind of those his subordinates: and that accordingly the portion of expected good the expected attainment of which would in case of the laws being to be penned by his own hand operate with him /on his mind/ as a reason in favour of the law, should in the character of end[?] be looked to by them, and the attainment or production of it aimed at by their proposed laws.