JB/070/064/001

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When an Act of Parliament is to be drawn, the first case
of the Penner is to look out for a Preamble; and though
the Provisions speak their own design in never so plain
terms, yet without something beginning with a "Whereas
it is plain, the composition would be imperfect: [for it is
absolutely necessary that where the Legislature continues
an Act, they should declare they thought it beneficial, least
it should be supposed they meant to have it understood it should be otherwise as
their reason motive for so doing that it was useless or pernicious.] The next is, to heap together as many words [ Terms for the same idea as a Gradus
ad Parnassum were there such a thing for the English
Language would furnish] and to force those Terms into out of these Terms to form
as many propositions as can be devised brought togetheraccumulation has
no other Limits so as not to be
absolutely foreign to the subject, nor too apparently contradictory
to one another. each other

The next case is, to make the turn of the Phrase in every
instance, as remote from that which are accustomed to as possible;
and if the poverty of the language or infelicity of
his imagination should in any case unhappily drive force into his hands to take up
him to such an one as can be apprehended without effort
he omits not by the .... interposition of such an epithet
as "commonly called" or "known ordinarily" or the like, to
let it be perceived, that it is his intention to depart not from choice that he from
the dignity of being unintelligible.

entail upon ourselves

Under the necessary burthen of increasing Laws, we suffer
a stile of composition to be in use remain perpetuated, by which out of pure
wantonness without the least Utility, at the expence often
as much of precision as of conciseness, that burthen is
twice or three times doubled, to the great discomfiture of
plain sense and reason, to the attracting of contempt of
ridicule on what ought to be the subject of veneration reverence,
and to the signal frustration of those purposes for which
Laws are made.

If it be absolutely necessary that Legislation should have
a Stile [and language peculiar to itself] of its own, let it be a stile which
without maching their understanding shallmay command
their reverence.

There is nothing in this so difficult.

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A number of Schemesmodes of expression consecrated to a certain
degree by the stamp of antiquity or of religion, offer
themselves in sufficient plenty for every occasion.
in which neither is
dignity purchased
at the expense of intelligible , nor
simplicity at that of precision.

Many phrases remote from vulgar use tho' not above vulgar
distinguished apprehension rather by the turn of the expression, then by
by the words of which it consists is composed.

The result of this is that the Legislative language ought
to be either that in the most common familiar use or distinguished
from it if in any thing rather by the disposition of the
words, than by the words themselves: or if by the words
by such as are elevated above familiar use, but not
above ordinary apprehension.

Perspicuity tho' not perceived is perceivable at once: the good existence of utility
effects of a Precision are hardly perceived by the direct survey
of the sentence phraseology in question, but by the consideration of
all others that one can conceive substituted in it's room.
because as it is nothing
more than an Aptitude
to be readily understood
If a man upon being asked
whether he understands
a thing, answers immediately
in the affirmative,
he thereby but this
Perspecuity in of
words, is In the inverse ratio
of the efforts necessary to apprehend their meaning.
Accordingly this is a merit which can scarce be recognized by
any but connoisseurs; by the that is by those who have a great number
of such alternativeswith their respective consequence to at once present in their memory; at once [& of the
consequences of those alternatives apparent to their understanding.]

Thus unhappily it falls out that the greatest merits which a
composition of this kind can have, are those which make the
least 'éclat: have the least reward: A Stile which shall unite them can have [has] but
few Judges, and of those few the greater part prejudiced by long habit
in it's disfavour, without entring into the causes of their attachment.
is a question that a man
never thinks to ask himself,
unless it is put to him
The less are a man's efforts
to understand, the
less he thinks about
them: now it is these efforts that are the measure
of this quality, for
Perspicuity is the inverse
ratio of their magnitude

The multitude are more taken with the merit of the numbers, than
with either of the other two, looking for something extraordinary
in the expression; and thinking slightly of it if it be anything
which they can suppose they might themselves have thought of, they will
be disappointed if they miss of that kind long winded &c of rumbling harmony
in use, [which has given a sort of terrible satisfaction to their ears]
in from which their ears have been accustomed to seek a sort of gloomy tremendous
horrible satisfaction, [The Idea of the Legislative power of this-
...... voice are in a manner amalgamated in their minds.]
Essential x Ornamental
The first point to be considered is perspicuity the next Brevity:
the last Harmony, Dignity will result without as of course research from Brevity
invested with the form of Imperation.

Perspicuity may be conceived as depending upon two circumstances
(tho' it is not easy to draw the line between them) upon
the choice of words, &upon their arrangement, I say it is not easy
for a different arrangement where the instruction of the
is varied, (if there is little variety of arrangement without it) requires
a different choice of words.

Identifier: | JB/070/064/001"JB/" can not be assigned to a declared number type with value 70.
Date_1		Marginal Summary Numbering
Box	070	Main Headings	of laws in general
Folio number	064	Info in main headings field	composit. stat. singly - as a discourse - general idea
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	a1
Penner		Watermarks	[[watermarks::gr [crown motif] [britannia with shield motif]]]
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	23179
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