15 Apr. 1808

Ch. | | Competition

As to competition, if by competition be meant quarrel /contraction/, scramble for fun, that times have been during which competition of this sort has been carried out, and with no small degree of energy /[...?]/, is manifest enough. Of the history of it particulars are to be found, seen[?] for the purpose of explanation they could not be found, in all institutional books, that of the [...?] - general not excepted, and even in all books of practice.

If the coin in which the biddings were made, had been so many contributions made to /clear advance made towards/ the ends of justice, so many mites though they had been but mites, thrown into the treasury of justice, [...?] ended would have been competition and that beneficial one[?].

But the contributions were of no such nature, had no such object.

The only case in which a competition of any sort can with [...?] be said to have had place, is that of the scramble among the /those/ Common Law Courts. Between the Common Law Courts on the one part and the Equity on the other, there was indeed quarrel in abundance; but competition none.

/As to the three Common Law Courts/ The case in which those respective biddings were made was - so to speak - the liberty of the subject:- meaning the personal liberty, the sort of liberty which is taken away by imprisonment. Of their own profits they never were /have been/ disposed to give up, never willingly, if at all, have given up, a single [...?]. The liberty of the subject they have never been backward to sell to any one who would pay the [...?] for it.

Under the original constitution /constructed[?] on the principles of the feudal constitution in which defence /national security/ as against [...?] /advances/ from without was provided for at the expence of individual security as against [...?] enemy/ the power of Judges had not received a degree of amplitude altogether adequate to /commensurate with/ the exigences /ends/ of justice. This deficiency Judges at a very early period took advantage, supplying it in part by arrangements directed ultimately and principally to their personal and sinister ends.