17 Feb y 1808

on L d Eldon's Bill

Letter VI

Omissa & Facienda

I. [...?] or [...?] of [...?]. Parliamentary Regulations reflecting the Judicial Establishment.

1. Sections 1, 2, 3. The whole Court of Session to be to most purposes broken /separated/ into two " Divisions": in Division the first, the Lord President and some other Judges: in Division the 2 d, the Lord Justice Clerk, and the six remaining Judges: in each division an equal number of Lords of Justiciary, [...?] the Lord Justice-Clerk for one.

In section 2 d, respecting precedence, a provision /[...?]/ which, not comprehending it clearly, especially when compared with subsequent sections, I dare not take upon me[?] a report.

2. Section 6 gives /for him to take a [...?]/ except his [...?] gives to each of those divisions, the Duties, Powers and Functions as are now exercised by /in/ the whole.

3. Sect. 7. undertakes to give to each Division its [...?] number: but notwithstanding the success obtained on other occasions, finding on this occasion the subject beset /infected/ with doubts and difficulties, instead of a number given as [...?]. Not having any thing rational to adduce in the character of a reason, should it happen to his observations to

Unprovided with that cloak which ordinary prudence presents to incapacity, should it happen to him to have let drop from that commanding station the effusions of ignorance or imbecillity, the damage will not be great: for lest now and then it should happen to incapacity to have let drop that necessary cloak, care has been taken, care as effectual as it has been anxious, that reasons. good or bad, flowing from that high source, shall not, by publication, be rendered risible[?] to unlearned eyes.