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22 Dec r 1806
To L d Gr.
No English [...?] [...?] English Pleading
No natural pleading [...?] [...?] [...?] ([...?] [...?] Plea which ever could have been [...?].
Resolut. 5
pleading
On the subject of pleading, any departure from the Scotch mode in present me[?] admitts, if I apprehend the matter right, but of one alternative - blind and total adoption of the English mode, or recurrence to the natural mode. Adoption of the English mode, I have at once /at the same time/ too strong a conception of the power of prejudice, and too good opinion of Scottish taste and good sense and self-esteem /estimation/, to expect to find practicable /other than impracticable/. The Scotch Bar lawyer could than have to impart bodily the whole mass /chaos/ of our English Books of Entires, ancient and modern, with [...?] title Pleader, for a clue to it: by way of preparation for the research /study/ he would have to swallow and chew /digest/ the end upon the principle of multiplication, and the practice of fiction, [...?] species of jurisprudential turpitude in which the Scotch lawyers are but novices /almost [...?] in Scotch law/: regard for security[?] is an incumbrance of which he will have been sufficiently divested /disencumbered/ by his own forms or in forms of pleading, un der the sanction of the mendacity licence in which the [...?] on both sides are adorned in unlimited quantity, and on both sides, especially the side most in the wrong, with a studious avoidance of /religious abstinence from/ all methods in the character of undoubted /indubitable/ truths: but to finish his education, and compleat his complement /list/ of qualifications, the Scotch student will leave to come to London for law / the Scotch law student will have to come up to the imperial metropolis for jurisprudence law/, as we in London have sometimes gone to Edinburgh for physic, and unlearn whatever portion of taste and common sense his own /native[?] school may have left him (common honesty is out of the question) in the study /office/ of an English Special Pleader. I hope and trust, my Lord, I shall never have to see our brethren of Scotland reduced to such a state of degredation.
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Title: [30 Dec r 1806 Scotch Reform]Description: 30 Dec r 1806 Scotch Reform To L d Grenville Omissa 3. Pleadings But in Scotland /Scotch procedure/, the use of forms has not extended to defences: not in regard to demands even[?] of the most simple class /description: and here at any rate the new /newly/ -projected or at least unnamed system of pleading would find itself at a loss /fault/. But when defences /instruments of defence/ are [...?] by forms - [...?] forms - I must not have[?] say uncircumducible[?] as evidence and if my [...?] of them be correct Scotch pleadings, apparently where they get into print, boil out and expatiate /spread themselves/ over the field of evidence. French Memoires used to do so: they contained the whole story that is on each side the whole story on that side, including according to the c;ass of the cause the already collected, or expected, or pretended to be expected evidence: all always under the benefit of the mendacity-licence: and in the Scotch cases and pleadings may be seen the legitimate offspring /natural children/ of the French Memoires. In English procedure, on the Common Law side, every thing capable of coming under the demonstration of evidence, is [...?] effectually excluded by the forms in use. In most cases /The cases of most frequent occurrence/ the defence is happily considered into that very concise form of expression called the General Issue. 1. Non assumpsit /he (better I) in [...?] made no such promises/: I [...?] entered into no such engagement. 2. Not debit. I owe nothing. 3. non est factum. I extracted no such instrument. 4. [...?] ad [...?]. He paid at the day: (capable without any impropriety of being included under he owed nothing). 5. non [...?] - he is not guilty.
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Title: [11 Feb y 1808 Scotch Reform]Description: 11 Feb y 1808 Scotch Reform Letter on L d Eldon's Bill 1. Homologation Necessary Pleading [...?] Reasons why Jury Trial in [...?] can not be introduced into Scottish procedure to good advantage without the previous homologation of the substantive part or main boy /branch/ of the Law. In English procedure, the use and Utility of Jury Trial in civile depends principally upon a connection it has with the forms of pleading: and in particular in so far as concerns general officer[?] - pleading the general office - and the general species or forms of action to which they have reference. By the species of actions, the demands [...?] are expressed and distinguished: by the general offices respectively applicable to these actions, [...?] the defences. Both indeed in the most wretchedly imperfect and incongruous manner: but being in a considerable degree, and in such manner as to cover the most common subjects of litigation, settled by lay practice, they serve for carrying in the business in the less imperfect mode in which in which it is carried in under English law.
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Title: [11 Feb y 1808 Homologation necessary]Description: 11 Feb y 1808 Homologation necessary As The system of pleading at present in case under English law, constitutes a part of the regular that is the technical and dilatory system of procedure, to an English lawyer it would naturally seem of course that the application of any thing that could with propriety come under the denomination of a system of pleading would be attended as of necessity and of course with a mass of delay vexation and expence similar if not altogether equal to that which has place under that same technical system. But in truth a system of pleading, if properly constructed, and thence moulded upon: properly framed body of substantive law councils altogether as well with /is as compleatly adapted to/ the natural system of procedure as any system of pleading can possibly be to the technical. It stands in no degree dependent in any of those delays vexations and expences of which the technical system is composed. The parties being present in the face of each other and of the Judge, the /to enable the/ train[?] of pleading to have run out its length will require no greater length of time than to carry a suit for the same object through the forms of a Court of Natural Procedure such as are already on use - a /a Scotch/ Small debt Court or an English Court of Conscience.
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