26 Oct r 1807

L d Eldon's Bill

Had any such regard existed, or did any such regard exist at the present moment, the demand by which the exertions[?] occupied in the production of the Bill were brought forth that demand the existence and the justness of which is confessed and proclaimed on all hands, never could have had existence.

If powers adequate to these ends - or at least to an approach infinitely[?] nearer than has ever been made to those ends, there never has been any wants[?] /a deficiency/. That of /The article/ in which there has been and is a deficiency - an utter deficiency - is adequate motives: and for the supply of this deficiency nothing has been done by any thing that has been brought forward on either side.

If a system bonâ fide directed to the ends of justice, - if the system of natural Procedure having been applied to this subject by the higher powers, were to be put into the hand of the Court, whether in its whole /entire/ or in its divided state, there need be little apprehension of its not being conferred to. But for the joining in the framing of any such system, in that place motives always have been, and still are utterly wanting: and in such a case to want motives is to want means.

If ever there had been a time in which a sincere regard for those ends were really prevalent, as great a regard at least and in the nature of things a greater, would exist /be to be found/ at present.

But at present no such regard does exist. By eleven out of the 15 present Judges all such regard has been solemnly and deliberately disclaimed: and to ascribe it to them would be not compliment but mockery. But of the twelve months of which the year is composed, six with a few particular exceptions too inconsiderable to be here worth asking are dedicated in the words of those Members of justice to " periodical repose". Of that 6 months not a moment have they considered without declared[?] repugnance as capable of being sacrificed to the ends of justice.

+ Minimal[?] Art. 50. p28