They make the King of France strain hard to say that he will have things in

such a way as he is going to tell them but when it's once said,

there is an end of it.

With our Legislators the general pangs come on afresh — every

minute.

Thus is the formulary usually met with the Legislative

Instruments of France.

"Louis by the Grace of God to all present & to come greeting

"& [then follows sometimes a preamb ulatory recital] We

"give to understand, that we for these causes and others as "thereunto

moving, of our own proper motion full power and "royal authority have said

established & ordered so say "establish & order by these

presents signed with our hand "we will & it so pleaseth

us". Ordonnance de Louis 14 pour les matieres criminelles

d' l'ar 1670 Paris This is when

it is an Edict when it is a Declaration it is "Declare" instead of

"establish" There seems to be about as much real natural

distinction between Declaration and an Edict, as there is between an

original —

1760 24

.p.176 clause in our Acts of Parliament and a Proviso.

A General non obstante is nugatory, as being implied in

the very circumstance of enactment: a non obstante

clause to a particular Statute certain creating a general rule

to which in the Statute in question it is meant to create an exception

may be proper to be required, as a testimony that the Statute referred to

had been in contemplation.

By 29 th

Ed c-5 after 19 Sections By the 19 th of which a temporary continuance

is given to the several Statutes mentioned in that and the 18 th preceding except to the 2 first which are

perpetuated. whereby continuance is is given to Statutes therein

mentioned There comes a 20 th by itself to

continue so much as was then in force of an Act entitled An Act touching

certain Polite constitutions [as they were then thought] for the

maintenance of the Navy [Immediately after this comes a 21 st in these words "Provided allways

that whereas &."] The Act then goes on & in the next

Section dispenses with the personal appearance of in penal

Suits.

COMPOS. Stat. Singly quâ Statute. Enactment

Formulary of French BR

Non- obsturies — Enacting

X Proviso

This is intitled an Act for the continuance & perfecting of

divers Statutes. None of the other Sections have any other —

affect than that of simply perpetuating or continuing, & in

that which may be thought to do somewhat towards, "perfecting" there

is no mention in particular made of any Statutes. There is

2a. as to this Fact! a Rule in the H: of Commons that no original clause of a

Bill can be inserted in a partial committee: there is another rule that a

Proviso may: as the distinction between an original clause & a

Proviso has not been nor can — well be settled, hence it is that

as by the former of these— Rules nothing so by the latter any

thing may be inserted there.

There was a certain Jew who had a tender affection for—

Westphalia Hams: under the name of Hams he abhorred them as a true Jew

ought: but he called them Stock-fish, & with the said Stockfish did

he fill his Belly.

Hence it is that so many a clause is seen [ elbowing] in the

this form shape of an adversary appendage

forced into a connection with a associate to which it is an utter

stranger.

This in the Turnpike Act 7 G.3.40 by §43. Mortgages of

Tolls are to be accountable, yet but for all this [by

§44.] when a toll-gatherer dies, another may be appointed in his

room.

If both these Rules were to be abolished together, things would be just as

they are now that both subsist: with this difference that one source of

continual absurdity would be stopped. What is a Proviso? a clause that

begins with Provided, make then a Clause to begin with provided, &

it is a proviso: now an clause may be made to begin with "provided"

& therefore any clause may be inserted.