7 June 1807

3

Letter V

Litigation - prevent. & promote.

In this case the result is susceptible of several diversifications.

1. A case that will sometimes happen is the defence is successful: Naboth retains his vinyard.

But if ever this happens, David has miscalculated. The destroying Angels his tempters get their share: the sinner is left by them in the lurch.

Of the expence of defence a part is borne by David the wrongdoer. But other part is always either born in loss by Naboth, or shared in some proportion or other between Naboth and his supporters. For under Westminster Hall justice, a portion of the burthen is always reserved to fasten upon the shoulders of the innocent and injured: taxed costs are never equal to actual costs. I have heard £10 stated as a minimum and by amount and official practitioners where the cause has run out its length. But the subject is exposed to obscurities and uncertainties to which nothing short of sovereign power, applying itself to inquiry can give light and liquidation.

2. The case that happens as often as the calculation of David has been well-grounded, and his conjectures fortunate is - he gets possession of the vinyard. Naboth loses his vinyard, together with what money he had to lose: if he has had supporters, the remainder of the burthen rests on the shoulders of his supporters. David and his friends the destroying Angels, sing each their alleluyahs. Both? - Yes together? - No: such concert would not be endured: happily it is not necessary.