19 Feb 1808

on L d Eldons Bill

Letter V

II. Eldons & J.B.'s course

Thus much as to what I would have done: now as to what I would not have done.

1/6/. I would not have given or left to the Court of Session any powers - powers of legislation - so ample as those which are given to them by this Bill. I would not have given them any such powers at all without circumscribing them with the strictest limitations I could devise:

2/7/. I would not give /consign to/ them extend the power /apply this power of subordinate legislation/ to any topic without a previous persuasion that the arrangements proper to be taken /made/ on that topic could not be sufficiently /compleatly/ adapted to the purpose by the immediate exercise of the legislative authority of Parliament.

3/8/. I would not put into their hands any such power without a designation as particular as could be given of the particular purpose to which the exercise of it should be applied.

4/9/. I would consider in each instance whether for the application of the power to such its destined purpose an additional security might not be afforded by a clause or two in the way of instruction. I do not mean a volume in the stile of an Act of Parliament drawn up /penned/ by a hand paid at so much for every hundred words /for words by the score/; but a brief designation of the particular end in view - as for instance, prevention of irreparable damage; of which in another place. The utility of such a document will be subject of explanation under a distinct head.