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13 Apr. 1805
Evidence
Securities
Ch. Procedure Techn. Eng. Law.
''. Oppression licenced
'' Licence given /sold/ to oppression by English Procedure
After the defendant has been compelled in law language to appear in English not to appear (for it /he/ would not be suffered but to employ an Attorney, the first step is the Plff's Attorney delivers in (not to the Judge who knows any thing about the matter but to an officer who does no more than receive and keep it) an allegation in writing an instrument called a Declaration. If the defendant on his part (that is /meaning/ his Attorney) denies the matter of fact contained in the allegation, such denial is called pleading the general issue: if, as a ground for the [...?] of the demand contained in the declaration, he alledges declared facts on his part - in other words exhibits counter-allegation or allegations that is called pleading specially or special pleading.
From the exigency /nature/ of the case or by professional /managerial/ management a conceivable case is that it shall fall to the lot of the plaintiff instead of controverting the defendants fails alledged as above, shall oppose to those other facts: and that this process shall be repeated on both sides any number of times. To the possible number of these reciprocal allegations there is no determinate limit. Taken in the aggregate the art of comprizing them comprises /drawing them up constitutes/ a particular branch of lawyers practice, is denominated Special Pleading, and furnishes occupation /employment/ to a particular class of lawyers called Special Pleaders.
Similar Items
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Title: [13 Apr. 1805 Evidence Securities]Description: 13 Apr. 1805 Evidence Securities Ch. Procedure Tech. Engl. Law '. Oppression licenced Whether the Declaration (the result /produce/ of the sham appearance substituted to the real one) be in respect of the facts /matter of fact/ alledged by it be true or false, the sequel is equally secured /sure/ viz. the obligation on the part of the defendant to go on with the cause, or take upon /submitt to/ him the burthen due or undue which it is the object of the demand to impose upon him. Be the demand therefore ever so compleatly unfounded either in law or in fact, and on the part of the plaintiff himself ever so fully understood to be so, if on the part of the defendant is either unable or unwilling to oppose it - /there be a want[?] either of the ability of the inclination necessary to go on with the suit - (to carry it on to the period at which the Judge for the first time takes real cognizance /permitts a syllable to be said to him on the subject/ of it the effect of the demand is alike /equally/ secured. But a certain portion /part/ of the people /to persons in a certain condition in life/ as in a condition which deprives them altogether /compleatly/ of the ability /possibility/ of carrying on a cause to this period: is compleatly wanting and in this condition are /is/ the vast majority of the people. In this condition there are the vast majority of the people placed by the mere substitution of the technical system to the natural - of the technical system in its least oppressive form, and without the addition made to the yoke, as will be seen presently, by the instance /head/ of special pleading. A sure mode /method/ /[...?]/ of oppression, instituted by authority, and at the price /at so easy a price as that/ of a lie, and that exempted not only from punishment but from shame, + the faculty of exercising[?] the opposition put into the hands of every man who is at the same time rich enough and unscrupulous enough to practice it. + for the declaration is the joint and regular act of the Attorney and the Special Pleader, nor is it are looked at or so much s heard of unless by accident by the party in whose discourse it purports to be
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Title: [22 April 1808 Reasons for the Work]Description: 22 April 1808 Reasons for the Work Thus in simple suits which are the most common[?]: As to complex, a conception may be found of them[?] from[?] these[?] simple ones. Thus it is that in a properly constructed system of pleading grounded on and adapted to a properly constructed body of substantive law, corresponding and framed with a view to its serving as a basis of reference, to such system of pleading there would be for each species of right but one body of allegations or instrument running to any length, viz. the instrument of demand, corresponding with the instrument called the declaration in the English system of procedure, and with the instrument called the libel as contained in and forming part of the instrument called the Summons in the Scottish system. As to all ulterior instruments of allegation, the instrument of defence would in point of brevity and simplicity correspond, in all cases, to the instrument called in English procedure the Plea, in the cases where the allegation so made has the effect of any of the 5 or 6 most usual pleas called General Issues. As to the instruments respectively called special pleas, replications, rejoinders, and so on, they need not nor therefore would they, any of them, have place. {In the above deductions, in so far as they extend, are contained an indication of what a compleat body of substantive law ought to be, and a compleat system of pleading ought to be, the one being determined and explained by its relation to the other:- how to know concerning whether it be compleat: and if not, how to render it so.} Show why.
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Title: [13 Apr. 1805 Evidence Securities]Description: 13 Apr. 1805 Evidence Securities Ch. Procedure Techn. Eng. Law ''. Oppression licenced Such are the effects /mischiefs/ produced even without the help of Special Pleading. The effects of that additionment[?] /additional yoke/ are somewhat different. The sure and constant and inseparable result is the addition thus made (an addition altogether needless and useless) to the mass of profitable delay, vexation and expence with its attendant profit such as its effect with relation to the collateral ends of justice. An accidental but too frequent effect is the misdecision, pretences the grounds /causes/ of which accompany the process in every part of its course. To whatever points are ever presented for decision in the course of the process thus denominated /Special Pleading/, one description belongs in common: they are all of them points foreign to the merits. On no[?] part of this class The decision when it comes to be pronounced will be either in favour of the merits i.e. to the claim of that one of the parties that /who/ has the merits on his side, or adverse: if favourable, the mischief produced by the process is confined to that which is /of the/ composed of the fictitious and unnecessary delay vexation and expence: if adverse /in the opposite case/, to the mischief produced by the contravention of those collateral ends of justice is super-added that which consists in the contravention of the diverse end of justice /that which is produced by misdecision/
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