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[094-168v]
20 Feb y 1808
Reasons necessary
1. Principles
5. Where no elucidation in the character of a reason is assred /accompanies the law/ - no indication of the particular objects or ends to which it is directed, any /every/ little want of provisioin or particularisation /specification/ is /may be/ sufficient to throw a cloud of obscurity over the intention of the legislation, and consequently /thence/ over the import of the law. Then comes litigation upon litigation, decision upon decision, each decision thickening the cloud, and rendering /making/ obscurity more obscure.
Let the legislator lay open /clearly/ to view the considerations by which in the character of reasons his pen was guided, the formation of these /all such/ clouds, is anticipated and prevented.
In such case to change the [...?] and say that reasons /a reason/ annext to a law serve /serves/ as a key to the true import of it, is hardly doing justice to the utility of the practice /appendage/ in this point of view: a key supposes a door, and that door shut and locked. But a reason or set of reasons plainly /simply/ stated, render the import from the first accessible without effot, no key, no lock, no door, nor[?] any thing /other intervening reason[?]/ due[?] between the import of the law and the eye of him whose obedience is called for by it, and of him for whom benefit /whose benefit it has in view/ was made.
to [...?] /[...?]/ use of the practice of annexing /subjoining/ reasons to a law throwing light upon the import of it/ obviating doubts concerning the impart of it/.
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Title: [[?] Feb y 1808 D + C on L d]Description: [?] Feb y 1808 D + C on L d Eldons Bill Letter V IV Reasons necessary II. Uses subsequent to enactment 5. Use 5 th. Obviating doubts concerning the design and thence concerning the import of the law or article of law. But for the light which under a skilful hand will be seen to radiate from this source, the meaning of the law will at every word be liable to be involved in obscurity, discoloured by false lights, productive of the fee-fed lawyers delight, uncertainty with its offspring litigation: litigation that well cultivated fruit, so sweet in the mouth of the lawyer, so bitter in the belly of the exhausted suitor. Even under the dominion of lawyercraft, and its offspring jurisprudential law of lawyercraft and jurisprudence reasons such as they are, are hunted for and brought to view: but the reasons, and the only ones which the lawyer likes to see under that name, are reasons not contained /enclosed/ within the precincts of the law itself, but hunted for by his own imagination in its own wilds. A well-fitted reason is not merely what it has been called a key to the import of the law; /between the impact of the law and the eye of the subject whose fate is disposed of by it,/ it is a much better implement: a key supposes a door, and that door is locked up. But under the light afforded by a well chosen reason or set of reasons, the text of the law from first to last is transparent, the import some know it and neither doors nor locks nor key are either seen /perceived/ or wanted.
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Title: [9 May 1805 Evidence Introd]Description: 9 May 1805 Evidence Introd Ch Sinister End homologation Non. promulgation In days of yore /In the early ages of society, Fraud practiced /worked at/ her arts stark naked /without a cover/, naked as our first parents, and like them /our first parents/ too not ashamed. In the pretended virtuous age of Roman history, the man of law beholding in the invisibility of the rule of action the source of unbounded power and profit to himself, locked it up /kept it locked/ without [...?]. In the legal form /validity/ binding form/ of contracts he saw one of those necessary bonds without which political surety could not be kept together:the validity of all contracts he contrived to render dependent, (such was the cullibility of the barbarians he had to deal with) on their conformity to /the connection of those engagements with/ different scraps[?] of nonsense, the tenor of which being a [...?] in his custody was preserved or varied at his pleasure. In England once upon a time suppose the Speaker, suppose instead of sending a Statute to the press for publication, keeps it under lock and key in his own house, selling a sight of it for the best price that can be got, and putting words into it, or striking[?] words out of it, as he and his customers can agree. In depth of policy as well as honesty the practice thus fabled for the purpose of illustration would be the exact counterpart of the practice of the man of law in the best /brightest/ days of Roman jurisprudence. In Rome a sad mishap beset the profession: In an evil[?] a thief got in, and stole the book of forms: all hands, the few hands that could write, were set to work at copying them: it was as if, pursuing the fable a pirate had broken into the Speakers house, carried off the Parliament Rule /sacred parchment/ and committed the contents of it to the press. The distress suffered /damage sustained/ by the profession is easier imagined than described /calculated/: but the mischief was not of long continuance. The stolen forms were /nonsense was/ cried[?] down: fresh nonsense was manufactured in the room of it. the distress was like that of an Admiral whose signal book has been captured: the remedy was the same.
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Title: [Feb 1808 D + B on L d Eldon]Description: Feb 1808 D + B on L d Eldon's Bill Reasons necessary I. Principles After these exceptions, capable of being peremptory where they apply, but in reality seldom applicable, reason in matters of law, it may be safely said, can never be out of season. But though useful at all times, time is a circumstance that will give to the utility of this decoration /ornament//accompaniment/ a different shape, according as the times /season/ prepared for the application of it is anterior or posterior to the establishment of the law. proposed law or article of law. The practice of annexing reasons to a proposed mass of new law, annexing reasons in this way to a proposed law, as regularly as in the House of Lords they are annext to an appeal, and that, at a period antecedent to the exhibition of it in the form of a Bill, conceived in terminus requiring nothing but the legislative sanction /force/ to render it with the properties of a law - this practice I conceive /let us suppose to have been//let it for arguments sake/ be supposed to have been actually established: - in the practice thus established may be observed /discovered/ the following distinguishable uses -
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