24 April 1808

Reasons for the Work

Imperfections attached to the system of pleading, in the case where the rule of action has been constructed under the dimension of jurisprudential law -

1. In the instrument of demand ought, as above observed, to be in every case included not only a precise designation of the demand itself i.e. of the service demanded at the hands of the Judge, but also a designation of the ground of the demand in point of right: viz. of the matter of fact relied on in the character of a collative event, an efficient cause of the right; and of the portion of law relied on as having invested it with that character.

In respect of this compleatness and correctness the following imperfections are observable, each to a greater or less extent.

1. Of the service demanded no sufficiently clear designation given: viz. matters[?] for the use of the defendant, that he may know whether to make defence or no, and if yes, what defence: nor for the use of the Judge, that he may know what precise shape to give to the service demanded at his hands. a

2. Of the ground of demand, i.e. the efficient cause of the right demanded - {if the inconsummate right the consummation of which is demanded, is of the right to call for the consummation of it,} no sufficiently correct or no compleat designation given. (b)

3. Of the service demanded a designation notoriously false is regularly given: (c) and thus, without necessity, or so much as the smallest use, a sanction and currency is given to the notion that falshood, the deadly [...?] is the necessary food of justice: as if it were impossible that judicature should be administered, or at least well administered, but upon false pretences.

4. So of the efficient cause of right or title (d)

(a)

(b)

(c)

(d)