date

[094-159v] 21 Jan y 1808 L
[094-159v]

21 Jan y 1808

L d Eldons Bill

3. To another set of Commissioners is attributed /committed/ the doings of enquiring into and reporting upon the expediency, and eventually the mode, of engrafting Jury Trial onto the Scottish system of procedure in civil: Then I call the Great Seat Commissioners.

The part which stands first is that which occupies itself in the establishment of regulations outright: regulations to take effect immediately by authority of Parliament.

But observing that the effect of it is liable to be modified, and the design in an word[?] counteracted, by the regulations which the Court of Session are [...?] to make, I shall take the liberty of so far changing the order of the matters as to take first into consideration the part which occupies itself in buying[?] a foundation as above for regulations to be framed in future.

The whole number of Judges, at present 15 to be divided into two sections eight in one, seven in the other: in the eight-seated section the Lord President of the whole Court to preside; in the seven-seated, the Lord Justice Clerk: each section to contain an equal number of the Judges of the Court of Justitiary, reckoning the Lord Justice Clerk as two. This forms the principal matter of the [...?] first section of the Bill. Section 6 th gives to each of those two sections, except as excepted the powers, duties and functions of the whole: section 7 th undertakes to appoint for each section a quorum number, two finding the task not quite so easy perhaps as at first [...?],
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  • Title: [17 Feb y 1808 on L d Eldon's Bill]
    Description: 17 Feb y 1808

    on L d Eldon's Bill

    Letter VI

    Omissa & Facienda

    I. [...?] or [...?] of [...?]. Parliamentary Regulations reflecting the Judicial Establishment.

    1. Sections 1, 2, 3. The whole Court of Session to be to most purposes broken /separated/ into two " Divisions": in Division the first, the Lord President and some other Judges: in Division the 2 d, the Lord Justice Clerk, and the six remaining Judges: in each division an equal number of Lords of Justiciary, [...?] the Lord Justice-Clerk for one.

    In section 2 d, respecting precedence, a provision /[...?]/ which, not comprehending it clearly, especially when compared with subsequent sections, I dare not take upon me[?] a report.

    2. Section 6 gives /for him to take a [...?]/ except his [...?] gives to each of those divisions, the Duties, Powers and Functions as are now exercised by /in/ the whole.

    3. Sect. 7. undertakes to give to each Division its [...?] number: but notwithstanding the success obtained on other occasions, finding on this occasion the subject beset /infected/ with doubts and difficulties, instead of a number given as [...?]. Not having any thing rational to adduce in the character of a reason, should it happen to his observations to

    Unprovided with that cloak which ordinary prudence presents to incapacity, should it happen to him to have let drop from that commanding station the effusions of ignorance or imbecillity, the damage will not be great: for lest now and then it should happen to incapacity to have let drop that necessary cloak, care has been taken, care as effectual as it has been anxious, that reasons. good or bad, flowing from that high source, shall not, by publication, be rendered risible[?] to unlearned eyes.
  • Title: [Jan y 1808 Letter V Power Session]
    Description: Jan y 1808

    Letter V

    Power Session

    [...?] single seated judicatories indirectly rejected

    The backsliding on the part of Your learned Lordships is not the sole object of my fears: another is, that supposing the will no /whether //be// the will be present or/ wanting, the power it may be found it[?] grows legislating[?] on this ground, their hands it will be found are already tied [...?] by the three[?] first section. Divisions of the Court are: eight Judges for the first; no more than seven for the other. But in each of the two divisions, in the least one that contains but seven Judges, there is both an Outer[?] House and a Bill Chamber, each of which is to be furnished /stocked/ with a sufficient number of Ordinaries. When out of this number of seven the sufficient number of Ordinaries has been draughted out, still out of the /in/ remainder with whom /comprizing the population of/ the Inner House is to be a number to spare. For in /within/ this remainder there is to be a [...?] number that is a number that shall remain /be/ sufficiently to give legality to the business /transactions/ after the [...?] have withdrawn themselves. Section 7 has been already noticed as occupying itself in the fixation of this [...?]number: and as having ended at last in a blank[?].

    In a considerable number of the other sections has this[?] same [...?] been undertaken, and in no one of them is there any blank[?]. In /on/ this section alone where the blank came to be filled up, the difficulty was found insufferable[?]: the [...?] fell out of the creative /legislative/ hand, that[?] the blank been filled [...?] by the [...?] number
  • Title: [[094-158v] 20 Jan y 1808 L]
    Description: [094-158v]

    20 Jan y 1808

    L d Eldon's Bill

    In the first division I again distinguish two parts of very different complexion /different masses of matter/.

    1. By the first in order regulations are established for the breaking of the existing Court of Session into two new judicatores: regulations to take effect immediatley by authority of Parliament.

    2. By another /the other/, provision is made for the establishment or initiation of future regulations by three different bodies of men to whom powers and funcions are given in that purpose: regulations of which the subject matters only are given and determined by the Bill the particular provisions to be established or proposed in the ground[?] of those several subject matters being left to the several classes of functionaries to whon those powers and fuctions are committed.

    1. To the Court of Session as at present constituted are given powers for establishing outright a new code of procedure

    2. To one set of Commissioners a set of Commissioners of Enquiry is committed the function /[...?] //duty ///business/ of enquiring into the actual state of the system of Scottish procedure in its principal branches at least, and of reporting such ammendments therein as they may see reason to recommend. This set of Commissioners are to receive their authority from Letters patent or the King's Sign manual[?] = for distractions sake I call them the Sign Manual[?] Commissioners.