26 Oct 1807

Eldons Bill

'.11

Procedure the System

What makes the example so much the more instructive /richer/ in instruction is that the same Courts which afford /present/ the spectacle of diversity of procedure, and of the mischiefs flowing from it, present the example of competition, and of the minuteness of the advantages, if any that have been derived from it.

If amongst them any such contention had ever prevailed as which should do most for furthering the ends of justice they would long ago have arrived all of them at that simplicity that undilatory unvexatious unexpensive and at the same time /but the more/ efficient simplicity which has all along characterised the system /method/ of the Small Debt Courts, the Courts of Justices of the Peace sitting out of the Sessions[?] and the other Courts of Natural Procedure: they would long have arrived at it /that goal/, or rather they never would have swerved from it: so that /insomuch/ unexpensiveness, unvexatiousness, and so far as depended upon the system undilatoriness, being in those /these/ high Courts as in the other petty Courts in all of them alike at the pitch of perfection, the only object of contention would have been as between individuals and individuals, on each individual occasion, which Judge or set of Judges should by staving off the time for decision produce least factitious delay, be most sincerely anxious to save the suitors on both sides from all unnecessary expense [...?] [...?] most effectual that by that the operation of justice no unnecessary vexation be inflicted either on the suitors on either side or on third persons, ad be most solicitously and successively attentive to avoid doing /lending his hand to/ any of those diversified injuries to which the people in the character of suitors are subjected by erroneous decisions /misdecision/ decisions and denial of justice /to the prejudice either of the plaintiff or of the defendant's side/.