15 Apr 1808

Ch.| Competition

But[?] the influence of the competition as it would have been had the competition been real and open beneficial to the ends of justice, the object of contention would have been which among the several competitions should contributed /have done most by the most beneficial//best adapted// arrangements/ with the greatest zeal and efficacy towards advancement of the ends of justice: by which of known[?] for example, the satisfaction rendered to the plaintiff having right on his side should be most compleat by which of these the defendant should be most effectually[?] guarded against entire[?] less and opposition[?] at the instance of a rash or dishonest /malignant or rapacious/ plaintiff by which of them the quantity of vexation, expense[?] and delay [...?] to the judicial process should be reduced[?] to the lowest [...?] /[...?] least dimension/.

Their[?] conclusion had no such object. In /About the/ [...?] to their grand[? instrument its /[...?] and its/ inefficacy its efficacy as to all bad purposes[?], its inefficacy as to all good ones, its [...?] /in both ends of a cause [...?]/ to all suitors its [...?] be such as they found or could make dishonest, they were all afraid: the harmony[?] was /has been/ universal and imperturbable[?]. But[?], who should have the instrument to use - that was the real /and still only considerable/ object of contention and dispute. The first that served[?] it was the Judges of the [...?] Bench, arranging[?] to [...?] the monopoly of it: then came three[?] of the Common Pleas determined to regain /[...?]/ as much as possible of the [...?] vat[?] of which they had been bullied[?] or defrauded: then came those of the Exchequer stealing[?] from both the use[?] not only of the instrument but of the branch of jurisdiction in the course and service[?] of which it was employed[?].

/applying it to the purpose of evil practice[?] to that branch of procedure in which the most [...?] case [...?] were to be found./