date

[129b-440] 16 March 1817 2
[129b-440]

16 March 1817

2 o

Introd

§18 Defence suffrage

Seat Traffic

1

In The other reason which contributed to render him thus anxious to give admission to this protecting word express has something rather remarkable in it “This species of traffic whether carried on by implied or express covenants was an offence against the law of parliament, and in his opinion punishable as a misdemeanor at common law. If this was a sufficient reason for excluding from the operation of penalty the case of an express comment it should not one should have thought have been an equally sufficient reason for excluding from it the case of an implied covenant: yet some time or other by the Right Honourable Gentleman this application of it was not made. When a mischief which it is not convenient to the Honourable Gentlemen Eminently convenient and not a little employed is the recourse afforded on such occasions by Common Law. Statute law has determinant words to it and these words can not always without such sacrifices of characters as Honourable Gentlemen are not without necessity disposed to make be on every occasion /where/ be evaded. Common Law has no determinate words belonging to it: it is on most occasions exactly what the gentlemen in question please. Proportioned to the impossibility of error for where there is no standard there is no error is the degree of confidence with which when convenience invites /calls/ gentlemen take upon themselves to declare the tenor of that of which the essential character consists in its not having any tenor: if upon trial in due form so it happens the tenor

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  • Title: [[129b-447] 16 March 1817 Plan]
    Description: [129b-447]

    16 March 1817

    Plan Cat

    2 o

    Introd

    §18. Defence

    2

    made in the only way in which by /among/ Honourable Gentlemen it is either natural or needful that they should be made, the influence of the Crown howsoever encreasing ought not at that time at any rate (June 1 and 7 1809) ought not to be diminished. that it was by the scandalousness i.e. the notoriety i.e. the exposure to restraint and not in the sufferings in any shape produced by an offence that the demand for punishment to be attached to an offence consists: and that accordingly forasmuch as when performed /consummated/ by a contract which was not an express but only an implied one no scandal is produced therefore {such being the case that contracts by which in the mode in which as on other occasions so in /on/ that of /by/ the purchase of seats the influence of the Crown is encreased} when it is in this mode that /in so far at least as/ the encrease is produced /effected/ the effects of it on the Constitution are not as the vulgar men in question might suppose of a pernicious but of a beneficial and salutary nature.

    Heartily sorry am I that it is not in my power to see the matter of influence in the same convenient and cheering point of view: on a great variety of accounts it would be convenient to me in the extreme: but alas! it is not in my power.
  • Title: [[129b-410] 17 March 1817 Plan]
    Description: [129b-410]

    17 March 1817

    Plan Cat

    2 o

    Introd

    §.80. Seat Traffic

    5

    Superseded but consultable

    {On the occasion of the seat-traffic business A o 1809 To the eyes of M r /the head/ Speaker of Honourable House the subject presented itself in a different point of view {from that which is given here}. Content[?] {was to} that those who had nothing to offer /give for a seat/ but money should not be able to purchase it in any way neither by an express contract nor by an implied one. His only anxiety was not those who had office to give should not be able to purchase it by an implied act: i.e. {the only one of the three[?] media[?] in which it is customary or necessary to do the business Lest by implication over coming the his declared reluctance “to mix in the debates”, + once and again did he stand up and insist that to the prohibition should be attached the limitation conveyed by the word express. Lest in the prohibition put by the Bill implied

    contracts should in this case be considered as included By the /these/ two short and unpremeditated speeches of the 7 th of June, an interpretation and that one unquestionable may be seen put upon the long and elaborate one of the 1 st.

    “A Bill for more effectually preventing the sale of seats for money; and for promoting a monopoly thereof to the Treasury by the means of Patronage. Such was the title moved for by Lord Folkestone Out of 161 28 voted for this amendment. Cobbets debate June 13 th 1809.}

    + Speech 1 June 1809 Cobbets Debate
  • Title: [6 March 1817 Plan Cat 2 o]
    Description: 6 March 1817

    Plan Cat

    2 o

    Notes

    §.6. Trade[?] or […?]

    §.16. Conclusion

    the advantage of […?]ing men[?] to behold wickedness and[?] so[?] at the place in

    which it is uncalled[?] to high place, to […?] or[?] virtual[?] […?] extent

    disapprobation, with respect with indiscretion[?]

    Forge a release – was the advice given by a shrewd Lawyer (it was before forgery was

    capital) to a Client against whom a Bond had been forged When you have gone on in one

    common[?] tract[?] it engaged in one bad /a mischievous course of practice/ instead

    of altering it openly and honestly, fall upon some trick to creep out of it.

    When you can a good thing must be done, never do it in an honest way if you can help

    it & do it in a /some/ dishonest way: in the most dishonest way you can find

    In this way you kill two birds with one stone. You do the compass the particular

    convenient thing you have occasion /have need/ for on that particular occasion: and

    you establish and confirm the general habit which you have need of on all occasions,

    the habit of dishonesty and clandestine practice: the habit by the […?] of which you

    proportionably extend and confirm the habit of doing what soever is most conducive to

    your particular interest, whatsoever is most pernicious to the universal interest.

    In this rule behold one[?] of the principles by which /which govern/ the practice of

    the Honourable House

    Here was a law which no less foolish than wicked no less inconvenient to the

    Representative than mischievous to the Constituent class. Well, does any to /into/

    any an Honourable head does any such notice /thought/ ever enter as to repeal it as

    the /that of/ repealing it? Oh not to encrease the mischief, yet: for within the

    present reign such an attempt was made To remove it in an honest way, no – that would

    /does/ not accord with the views or the disposition /character/ of any body. To evade

    it – to see it evaded every day to wink at the evasion – that such will the views

    that such will the disposition of every honourable mind. As often as without any real

    /such/ qualification in that shape a man is returned Member: a sham qualification

    known by every body to be such is manufactured