19 June 1805

Evidence

Introd

Ch. Procedure Technical

''. Exclusion of Parties

In proportion to the success with which the art of making business as above was exercised /practiced, as above/, in its several branches of encreasing number and length of instruments and operations, encreasing the number of the hands employed about them or making as if they were employed, it would naturally be more and more difficult for a suitor to be or so much as fancy himself to be, equal on this purposely roughened and broken ground, to the task of carrying on his own business. The more difficult therefore it became to the party to speak /address himself/ to the Judge to any effectual /useful/ purpose the more ready he would be to abandon the ground altogether to professional assistants who had made it the study of their lives to become, or to appear to have become acquainted with it.

As the art of business-making went on, the course /branch/ of procedure was converted into a kind of labyrinth, dark and dismall full of turnings and windings, many of them so contrived as to carry the unexperienced traveller back to the spot from whence he had set out, with not a few pitfalls, covered over with these coverings the deceitfulness of which was not to be discovered it at all, by any but well practiced eyes.

For the more effectual accomplishment of this desirable result obvious enigmas were contrived /constructed or kept up/, the principal /most remarkable/ and efficient of which will a little further on receive a separate consideration, in /under/ so many distinct chapters /heads/, under the heads of Irrelevant Decision, Fiction, Non-homologation or Jurisprudential law, Non-notification or Non-promulgation, and Non-digestion: all which acting, under which may be included, in so far as they were produced or accompanied by reflection, may be included negligences, may be considered as so many devices or heads of policy, sowing for the development, formation and /or/ protection of the technical system in a state[?] a more or less flourishing, all over the [...?], but no where, in some parts of it at least, a state of so [...?] maturity as in England.