22 Oct r 1807

L d Eldon's Bill

Thus much as to the supposed mischief. Now as to the beneficialness of the proposed remedy.

What is the effect of it? understand /I mean/ the immediate and certain effect, where it has any. Not to /To/ cause the business to be well done - taking the will of the majority as in this case it is and must be taken for the standard of rectitude? - no: but to cause it not to be done at all. Yes: if by saying that such or such a business shall not be done without such a number /the quorum/ you could as often as that particular business comes upon the carpet force the appearance /attendance/ of that number /or as often as that particular business comes upon the carpet/; but this can not be done, or at any rate, never by any establishers of judicial Quorums (a), ever is attempted to be done.

Suppose now a Quorum number /Take first the case of judicature/ established in respect of judicial business in all or any of the four seated Courts of Westminster Hall, and observe the effect of it.

Say that in the King's Bench no business shall ever be done by any number less than the full compliment: the consequence is that every now and then judicature would be at a stand: which under the existing /the natural/ arrangements it never is.

Say in the same Court no business shall ever be done by any number less than three. Here is a regulation which as often as the case happens must be mischievous, and the best that can be said for it is that is - that unless by some rare accident, which perhaps may never be realized, it will be inoperative

(a) Under the Grenville Act for the purpose of getting a Quorum out of which to compose an Election judicature, it is done: but the difficulty on the one hand, and the inconvenience on the other are alike notorious.