13 Feb 1804

Evidence

Securities

Ch. Summary

Engl. Law

If justice be worth the time bestowed upon it in this way in a court called the King's Bench /a Court of Common Law/ there is no reason why it should be worth less in another court, called a Court of Chancery /the /a/ Court of Equity/. At any rate it is not the fear /horror/ of delay that prevents men in the Court of Chancery from bestowing the time required by justice necessary to be employed by the Judge who thinks /would[?]/ it worth his while to do justice.

Other systems can shew greater imperfections /absurdities/, but none can shew equal inconsistencies. No other nation can produce two Courts of equal dignity, sitting within ten feet of each other, and deciding continually upon mutually repugnant /disparate or opposite/ principles. In no other nation is a Court to be seen which employs itself in stopping suits that did not begin it, and in beginning suits that can not be ended in it.

Not other nation has the misfortune of seeing the law the rule of action, split into two joining /everlasting/ divisions /fragments/ /fractions/ - one which is supposed to be of an ordinary kind, and replaces the name of law; the other which is supposed to be of a superior sort /a better sort/, and is called Equity

See which is at liberty to try causes in a proper way, and accordingly does os in some instances: another which is not in the habit of trying causes, and therefore never does try any in a proper way, but when it happens to think fit they should be tried in a proper way sends them to be tried elsewhere.

Suppose the interest /a regard for justice/ of the suitors to have been the object /final cause/ of all these inconsistencies /Agents[?]/ to a regard for justice every thing is inexplicable: ascribe them to a regard for an interest opposite /an opposite interest/ to that of justice /the suitor/, every thing is plain and easy.