22 April 1808

Reasons for the Work

 Note the difference between, ground of demand where it means the words of a Statute, and d o where it means a collative event.

3. In this case the exercise of the function attached in the first instance to the plaintiff's side of the suit, the function, by the exercise of which the suit is, or might be, and generally speaking might with advantage be, commenced, is not attended with any natural difficulty: the foundation of such his right (his right to demand the service in question) being composed of a determinate assemblage of words, contained in a determinate part of a determinate written instrument, this assemblage of words constitutes the ground, on point[?] of law, and that a real ground, of the demand so made by him.

In Scottish as well as English law, thus simple is the case where the demand and thence the instrument of demand, whether called action, indictment, declaration, summons, petition or libel, has for its foundation a portion, or clause as it is called in some Statute.

In this case, with more or less correctness and compleatness, the instrument of demand, as thus described, grounds itself upon persons, and adopts by repetition or reference, the words of which the portion of law or clause abovementioned is composed. In so far as the law is in this state, such adoption is made, or at any rate might be made, without difficulty. Each such portion or clause is, or might be framed, with a view to the corresponding instrument of demand destined, upon occasion, to be grounded upon it: in each case the instrument of demand is enabled, or might be enabled, to find the correspondent portion or clause of law (substantive law) pre-arranged in such manner as to afford an apt and sufficient basis to it.