1 May 1808

J.B. to H of Commons

I. Reasons for the Work

II. Defence

29. Thus it is that generally speaking, by these pleadings no real information is conveyed to either side. It is not from these pleadings, through this source, that either party receives any of that information which it concerns him to possess. From this source it is but seldom that the defendant learns what is expected of him, and still seldomer on what ground: still less frequent is it for the plaintiff to be able to ascertain through the channel of such Defendant's instrument of defence what defence it is that the Defendant intends to make.

30. What it is not in the power of either, even with the assistance of the profounder learning, to conceal from the other, is whatever knowledge it may happen to them respectively to possess in relation to the matter in dispute. It is from this source that generally speaking they derive whatever true[?] and information it happens to them to really possess.

31. The plaintiff under the conduct of his advisors, proves, or endeavours to prove, his case - proves or endeavours to prove the existence of an efficient cause of right viz. of the positive branch of such efficient cause - the existence of one incident coming under the description of that class of incidents to which in favour of any individual, circumstanced as he is, the law is understood to have given the effect of a collative or investitive incident in respect of the right to demand the service which, at the charge of the Defendant, he demands of the Judge: as for any incident of an ablative tendency as for the Defendant's being able to prove the existence of any such incident, the plaintiff must take his chance.