[...?] Dec r 1806

Scotch Reform To L d Grenville

Lett.3

Resolution 5

Pleading

Next, my Lord, I observe a Resolution, (5) on the subject of Pleading - "In all causes" (whether originally "brought before the Lord Ordinary, or before the Chambers as Inner House causes) the defender shall, in his defence, distinctly admitt or deny all rational facts ahhedged in the summons or other Writ by which the cause is brought into Court."

In reading /the perusal of/ this Clause, unless otherwise explained by verbal /ulterior[?]/ communication, your Lordship will naturally have placed it along with the rest upon the list of innovations. If so your Lordship may possibly /perhaps/ share in the surprize with which I was struck on reading a clause in one unrepealed[?] Act of Siderent[?] (11 August 1787 '.5.) in these words - "When the Defendant receives the summons, he shall therewith return upon a separate paper, his whole defences both dilatory and peremptory, relating the facts he is to insist upon, and explicitly admitting or denying the several facts set forth in the pursuer's libel."

Summons or other Writ is the word employed in the Resolution: in the Act of Sidernet[?], Summons at the [...?], libel at the close of the sentence. The libel is it the same Writ with the summons, though under another name? is it a different Writ? /The libel is included in the [...?] - [...?] Bill [...?/ be it the same or different, to the present purposes it makes no difference: for if they be differnet, wjen the case[?] comes to be returned, the other, inasmuch as it is at that same time to be answered, must already have been received.