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[?] 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: [[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/.
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Title: [23 Oct r 1807 L d Eldon's Bill]Description: 23 Oct r 1807 L d Eldon's Bill '. 1. Division vice Court Among the intentions ascribed to the Union Act was that of keeping every thing in Scotland from all change, and consequently from all improvement /beneficial change/: and in particular that as to the judicature in the highest stage, nothing should ever be done by the legislature to make it go on better, while the Judges were to keep making it go on as much worse as they found convenient and agreeable to themselves. In the case /instance/ of Queen Anne's motto, it was in jest that worse and worse was given as the translation of Semper eadem: but in every case /instance/ where shutting its eyes against the light of experience presumption or hypocrisy has undertaken to give eternity to human institutions, by tying up the hands of the legislature /supreme power/, it is the true version, and the only true one. To the breaking /bursting/ in an honest and manly way these pernicious and essentially illegal bonds /bands/, there was a class /set/ of lawyers that had an insuperable objection: but the objection was of a moveable /ductile]/ nature, ready to give way, on condition that lawyers instruments, viz. fraud and abuse of words were employed to steal cases out of it /these bonds/ one after another, as they were wanted. Why? - Because fraud and abuse of words, instruments of lawyercraft, kept under lock and key /a sort of pick lock instruments[?]/ by lawyers, were /could/ not to be employed without their leave: whereupon if it were for the benefit of the people, that the breach were to be made and in a manner that suited not the purposes of these lawyers, no it could not be done: but so long as this purpose /convenience/ were not crossed by it, oh yes, do it and welcome.
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Title: [18 Dec r 1806 Scotch Reform /Evidence]Description: 18 Dec r 1806 Scotch Reform /Evidence/ To L d Grenville Lawyer. Oh yes, I see - I see /I thought how it was/: you are for Parliamentary Reform, are n't you? Non Lawyer. no: nor against it neither: I never thought anything about the matter: and will you have for the present occasion at least with[?] which it has nothing at all to do. I should be glad to save myself the trouble. If you have any thing to say about Parliamentary Reform, there's Major Cartwright made for you. That is[?] the way with you Lawyers, in that with every [...?], who he feels he has a bad [...?]. We had agreed to talk about one theory, and[/] in a term[?], you are for flying off to another. The question we /you and I/ are upon is - not who shall govern us?, but to whose benefit we shall be governed? Lawyer - Well come, as you and I are friends - and you seem not inclined to stretch for wild and speculative theories, I will tell you /let you see/ fairly and honestly how the argument stands on our side: you well see that there are deeper reasons /is deeper reason/ for it than you would have imagined. To be sure, as there are so many more of you than there are of us, it is your interest that ought to have the preference : we don't dispute that: but it is for your interest that things should be as they are at present. Non-Lawyer. Indeed? how[/] enough[?] I should have thought it. Not[?] so it is for our likes and as a proof /[...?]/ of the regard you have for us /love you bear to us/, that you gratify /favour but[?]/ us with so much more delay, vexation and expence have you need or would subject [...?] be otherwise? Lawyer. not exactly so. You are speaking of motives: make what you will of them, they are nothing to the purpose. What you are concerned in, are the effects: and that was what I spoke of. It is for our[/] sake if you please /if so you choose to have it/, that we ease you of all this [...?]: it is for the sake of the many we get that in saddled you with the whole quantity of all this extra delay vexation, and expence: but be it what it may, it is not for you to grudge it: since be it what it may you are all the better for it.
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