26 Oct r 1807

Eldon's Bill

'.11

Procedure the same

Thus inconsiderable being the benefit which it is in the power of the principle of competition to render to the interests of justice on one hand /side/, on the supposition that the two supposed competing Courts are at liberty each of them to frame for itself its own rules, it remains to form an estimate of the benefit of uniformity, that benefit of which to obtain the benefit of competition it would be necessary to make /give up/ a sacrifice.

For forming any conception of the value of the benefit of uniformity, there is no other mode /resource //method/ than to look for a case in which the opposite disadvantage has been exemplified. In Scotland the unity of the supreme Court being an effectual bar to every such exemplification, England is the country, Westminster Hall the place from which alone any apposite instruction of this kind can be derived unless the eye were to travel as far as France .

In Westminster Hall, and all-providing though fantastic[?], besides the radical distinction between /Equity and/ Common Law and Equity by which the Court of Chancery is divided /separated/ from the King's Bench and Common Pleas and the Court of Exchequer from itself, the Court of Chancery as compared with the Equity side of the Exchequer, and the Courts of King's Bench and Common Pleas as compared with one another, and with the Common Law side of the Exchequer afford examples /so many exemplifications/ of the existence of diversiformity and of the prejudice /injury/ resulting from it to the interests of justice. The greater /more extensive/ this diversity, the more extensive the empire /demesne/ /field / of [...?] sincere: and the more extensive that demesne /field/, the more grievous the uncognosibility and uncertainty of the law, with the whole mass of fraud /all the frauds/ and oppression that grow out of it.