26 Jan 1805

Evidence

Securities

Ch. Procedure Technical

''. Cause Lawyers Interests

To say then that in the construction of the fabrick of procedure the interest of the suitors which is as much as to say /and of the public or in either event/ the due administration of justice was really /in fact/ the object of the constructors, is as much as to say that the object of Octavius before, during or after his triumvirate, was the welfare /happiness and tranquillity/ of the Roman world, or the object of the Roman invasion, the happiness of the people of England. From the success of that invasion, in conjunction with millions of other causes come the existing British constitution, with its attendant blessings. But it may be asserted, with little of any abatement or modification, that those blessings even as much /fully/ in the contemplation of the fortunate Roman, as the benefit of the suitor was in the wishes and intentions /intentions and aims/ of those venerable personages by whose successive labours the system of English procedure has been moulded into the present shape.

The stakes[?] of the Judge /A Judge it may occur/ is one; that of the Advocate, another; that of the Agent, a third. the system /fabrick/ of procedure is the work not of either the two latter, but of the first exclusively: not of those whose conduct is regulated by it, but of those who rule it. True: but without speaking of the present state of things /present times/ which is not here in question, speaking only of past times, in which the foundations were laid, and the state of the architecture determined /plan determined/ /settled and arranged/ - so it has been /was/ these interests, howsoever nominally distinct, have really been if not inseparable, undiscerned[?].