date

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

on L d Eldon's Bill

Letter V

'.4 Reasons not impracticable

The cause /case/ is - that the regulations necessary to be made for the distribution of rights of property, the creation and distribution of other private rights, and the prevention or reparation of private wrongs, being regulations necessary to the very existence of political society, in its earliest stages, came to be made before the establishment /formation/ of any distinct authority, habitually occupied in the business of legislation: came to be made therefore by the hands of Judges, operating as such, and thence in the ex post facto mode of jurisprudential law: fee-fed Judges, who being thus allowed to give themselves an interest opposite to that of the community made a pact[?] at accordingly an object of constant endeavours to exclude the light of reason as completely as possible from the regions of law, that they might be the better at liberty to organise a chaos replete with the grossest and most mischievous absurdities.
Similar Items
  • 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

    Regulations on which reason are[?] grudged, are those of private law, which require a few: grudged because regulations on this ground] are made by Judges, under the [...?] of the sinister interest [...?] by the influence of the fee charming system.

    There are /is/ /We have been seeing/ a certain class of laws the reasons of which turn upon matters of fact of this or that particular description, and which not being the result of /not/ the general principals of human nature upon circumstances common to mankind in general in a civilized state of society but being the result of particular situations and occupations, require to be collected and brought to view by special inquiries directed to that end. These are the cases in which reason being expected and called for as of course, antecedently to the establishment of the /a/ proposed law no trouble, nor /neither trouble, nor writing in/ any quantity - as trouble is grudged no quantity of writing occupied in the giving expression to reasons on both sides and all sides, is thought to much.

    In the cases again,
  • Title: [Aug st 1808 + * A on L d Eldon]
    Description: Aug st 1808

    + * A

    on L d Eldon's Bill

    Homologation necessary

    Pleading requirement

    + N.B. By '. II Power is given to the Judges to make alterations & regulations concerning such forms of pleading and process, and particularly concerning the mode of conducting the pleadings in the said Division or Court, and before the Ordinaries, by Writing or by Pleadings caused (called?) or vivâ voce.

    But in the authorities given to the Commrs, the word proceeding is dropt: nothing said of Pleadings

    An essential, indispensable part - a part without which every other must remain a chaos - is a system of pleading: and on this head there is not a syllable

    A system of pleading is that part of the system of procedure which in Scotch law /practice/ is in a coarse and more imperfect state than any other. In English practice, bas as it is, it is not nearly so bad. Though in a superior degree it answers /fulfills/ the ends /purposes/ for which it was contrived, the purposes of judicature, yet to a certain degree, compared with the Scottish chaos, even to a considerable degree. Here it means the purposes of justice.
  • 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.