15 Apr 1808

Ch. Competition

Forthcomingness on the part of things; forthcomingness on the part of persons: of /both/ things in the character principally of component aspects[?] of the matter of pecuniary satisfaction; occasionally in the character of sources of evidence: to these same ends in so far as /directed/ ultimately to the /ultimate/ ends of justice are the [...?] of judicature in the civil branch directed. To these same intermediate ends are amongst /under the[?]/ others so far as above, the operation included under the name of imprisonment directed: adding as an ulterior end, in the case of the penal branch, punishment.

Had the ends of justice been taken by these Judges for the principal object, the course they would have taken would have been that which in every instance, so far as power was granted, has been taken and pursued by those Judges who have[?] take /not indeed/ for their principal, but for their only object the ends of justice.

Of imprisonment so far as is necessary to the purposes abovementioned, they would have [...?...?] without exception and without reserve: beyond those purposes that is when[?] those purposes[?] were[?] seem either to have been already accomplished, or to be incapable of being accomplished, (punishment excepted when[?] the case admitted of it and required it) they never would have suffered it to continue a single moment.

But to apply it faithfully and strictly to those good purposes, would have required /prompt and/ personal interviews /and exlanations/ between the party imprisoned (the defendant/ and the Judge. Such communication, as far as practicable constitutes the distinguishing character /characteristic feature/ ofthe natural system:but it is the refusal of it that constitutes the main /preoccupied/ [...?], as being essential to the purposes of that technical system which is built upon the means of natural justice.