JB_094_197.xml

Title: [19 Feb 1808 on L d Eldons Bill]

Description: 19 Feb 1808

on L d Eldons Bill

Letter V

II. Eldons & J.B.'s course

5/10/. As often as by the exercise of such powers a regulation /or set of regulations//any regulations/ of detail comes to have been made by the Court, I would require that it /they/ be reported forthwith to Parliament.

6/11/. - and that the Report should in each instance be accompanied with a designation of the considerations which in the character of reasons had served to recommend such regulations to their choice: among which reasons would of course be in every instance on which any such instructions had been given by Parliament, a designation of the mode in which such regulation appeared to be conducive to the particular end marked out by such instructions. Of the reasons for thus requiring reasons, mention /something/ will be made /said/ under a separate head.

12 In a word I would neither give nor leave to them any power that consistently with the end in view I could avoid giving or leaving to them, nor in regard to any power so given or left to them omitt to apply any check the application of which presented itself to be as promising to be conducive to that end. Of the grounds of this distrust mention will be made under a separate head.

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.

093-469.xml

Title: [27 Feb y 1808 on L d Eldon's Bill]

Description: 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.