date

Feb 1808 D + B on L d Eldon
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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  • Title: [Feb y 1808 on L d Eldons Bill]
    Description: Feb y 1808

    on L d Eldons Bill

    Letter V

    I. Reasons necessary

    1. Principles

    In days of yore, when the Porphyrian tree was the most favourite product of the guardian of science, and adjectives in use[?] sprung up under the foot of the logician /Doctor, whether Irrefragable, Angelic or Seraphic,/ take which[?] comes under the rolling stone[?] three epithets, might have obtained a degree of attention such as can not be expected for the one present, and might have contributed to fix in the memory of the studious the uses of that whole in the materia psychologica which itself contributes so powerfully to assist relative[?] the power /grasp/ of the memory in relaxing the substance of a mass of law. /When books afforded no better amusement, and thinking not grudged/

    Let us recapitulate. Uses antecedent to enactment Uses resulting from the practice of giving an accompaniment of reason to a proposed law at a period previous to that of its being proposed for enactment - proposed in terminus Uses say anterior to enactment, Uses 1. preventive, 2. meliorative, 3. conciliative.

    Uses resulting from the late accompaniment attached to it when brought into a state fit for enactment - has say concomitant and subsequent /posterior/ to enactment. Uses 4. interpretative, 5. expositive or construction. 6. retentive[?] 7. conciliative again and thence corroborative /auxiliary/. 8. meliorative again 9. confirmation or statitive

    III Uses applicable to the whole body of laws taken together of which the law in question forms a part - uses 10. depurative, 11. systematically instructive 12. continually ameliorative or confirmative.
  • Title: [[094-168v] 20 Feb y 1808 Reasons]
    Description: [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/.
  • 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.