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29 Dec r 1806
Scotch Reform
To L d Grenville
Omissa[?]
3. Pleadings
In Scotch procedure, in many cases, and those happily the most common, which as already observed are happily the most simple, forms, so far as the demand is concerned are in actual use, and those upon a plain beyond comparison less bad than the English ones: [...?] by the gratuitous [...?], they are clear of so much [...?] and nonsense. The 6 th volume, the recently published collection of M r. Bill with its highly [...?] arrangements and explanation affords /presents/ in this time of instruction a most valuable set of documents.
So far as demands /instruments of demand/ are concerned, and so far as the /[...?]/ coercive power of forms extends, these forms might be, under the proposed new system of pleading, be as doubtless they are under the existing System they are of considerable use to justice - And here my Lord is an occasion on which the art of printing, employed in a manner of which happily so many precedents are already to be found, might also have its use: I mean by furnishing the skeleton of these forms, with blanks to be filled up on such individual occasion by words designative /expressive/ of individualizing circumstances.
But, [...?...?] uniformity, in so far as uniformity would be found apposite, the effect and use of these printed forms, so far as they were applicable, would be pro tanto to supersede [...?]: but, for the same reason that printing in addition to writing does, printing that [...?] in lieu of writing does not, such the purposes of the [...?].
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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: [9 May 1808 I. Reason Ch.II]Description: 9 May 1808 I. Reason Ch.II. Law & Pleadings simul [...?] ยง.2. Simul facile erunt sub lege 7. The circumstances by which individual objects are characterized and distinguished are mostly out of the reach of the legislators eye. It is not possible therefore that of the words requisite for the composition of any such formulary - of an instrument of demand in any case - or of the correspondent instrument of defence, the whole assemblage should have been chosen by his hands. But for this exigence there exists a well known and, in experience, sufficient remedy: which is, for the legislator to choose with his own hands all such words [as] are necessary to the designation of the genus of the object, leaving blanks for the reception of the words designative of individualizing circumstances, such as those of the individual person or persons, thing or things concerned on each individual occasion, together with the individual portions of space and time. 8. Such is the course taken by volunteer penmen, writing without authority: the authors of the numerous books with which the science swarms, under the name of books of practice.
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Title: [24 Dec r 1806 Scotch Reform]Description: 24 Dec r 1806 Scotch Reform To L d Grenville Omissa Letter IV After so much as has been said of the proposed manufactury /workshop/ of delay, it may serve almost superfluous to say any thing of the machinery proposed to be employed in it. a Printing-press is mentioned as a part of it. Thus we have /Here is/ an improvement upon the exchequer Chamber, an improvement in the Scotch taste. In the Exchequer Chamber we have /sit/ 8 Judges: in the Chamber of Review the maximum can be but 10: can it be in the power of 2 to make so great a difference? - But perhaps the printing is for the benefit of trade. The benefit of /to/ trade is at least as clear as the use to Justice. To trade the benefit will be at least as clear as to Justice. But if the operation of the press be indeed a clear[?] directive[?] of them so necessary to Justice, surely Your Lordship will not suffer over Reverend and learned Judges of the Exchequer Chamber to labour any longer under a /the/ prevation[?] of it. For the amusement of reading they may then add that of [...?] - I mean Scotch boxing (Your Lordship does not know perhaps what lawyers' Scotch boxing is) now that dancing is become as much out of fashion among Judges as among dogs.
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