1 May 1808

J.B. to H of Commons

I. Reasons for the Work

§. English pleading inapplicable to Scotland

No effectual or useful information generally speaking being in fact given in this established course, though certainly as much as by the [...?] it was ever designed to give, there remain two courses of proceeding by either of which it might be given.

One is if a system, such as the above, really designed for that purpose, were to be established.

The other is, if at the outset of the cause, the parties being met together in Court in the presence of the Judge, each with the right of requiring explanations of the other, the plaintiff were to state on what supposed facts he means to ground his demand; the defendant, at the same time if it happens to him to have a positive ground of defence, what it consists of.

Of these two modes of explanation neither is exclusive of the other: in some cases the forms above would be most conducive to mutual convenience: in others, the latter above: in others again both.

But it is under the forms alone, it must be observed, that the system of legal rights with their efficient causes is really and compleatly established: by the latter, the existence of such a system is indeed supposed, but in instances to a very considerable extent that supposition would be found to be erroneous. In many instances howsoever, and those of the most frequent occurrence, the supposition is true: and to this extent the second of the two courses would be effectual without the other.