1 May 1808

J.B. to H of Commons

I. Reasons for the Work

English pleading inapplicable to Scotland

II. Defence

18. The information furnished on the plaintiff's side being thus sparing of instruction, that which is furnished on the Defendant's side can not easily be more abundant. He who gives so little, and most of that little, false, has not much title to complain, though he should receive nothing in return.

19. In general in 19 /49/ instances perhaps out of 20 /50/ after the first link in the chain of pleading, viz. the instrument of demand called the Declaration, the chain of pleadings has but one other, viz the instrument of defence, called the plea: and wherever this number is thus limited, the plea is said to be a general plea, and in pleading it the defendant is said to have pleaded the general issue: having pleaded that sort of plea, the effect of which is to bring the altercation to an issue ( exitus) i. e. to conclusion, earlier than any other would do.

20. In contradistinction to the less usual sort of pleas, called special pleas, what the number is, of the pleas distinguished by the appellation general pleas, is a question to which no one has undertaken to give an answer.

21. General pleas in frequent use - there are but four: 1. Not guilty: 2. Non-assumpsit. 3. Nil debit 4. Non est factum: among which four, the use of the two last is, again, unfrequent in comparison of the two others.

22. In no one of all these instances does the sense put by lawyers upon the allegation on this occasion bear any tolerable resemblance to the sense that would be put upon the same expressions on any other occasion, by lawyers themselves any more than by any body else.