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Advocates (a) These false allegations under the English law are a known
resource & that constantly resorted to by which every
dishonest defendant is enabled to purchase a certain
measure of delay at a fixed price, without any
further expence except that of a lie of which no man
bears the blame. These allegations are known in Westminster Hall by the name of sham pleas: but neither the foulness of the disease nor its notoriety produce any disposition to apply a cure which imitation without the expence of ingenuity is would be sufficient to affect(a) In a few cases this liberty has
been narrowed by requ the requisition of an oath, 4. & 5. Ann. ch: 16
which doubtless is not altogether without effect, although
the oath is made a sort of matter of form upon paper without cross examination
and out of the presence at a distance from the Judge.

6. By all these means put together By the concurrent
influence of all these causes the dispute will in most
instances be brought to a period upon the spot. The Defendant
will submit seeing the impossibility of resistance:
or the Plaintiff will desist seeing the impossibility of
success. If otherwise The Judge at any rate, seeing on what hinge
the dispute now finally turns, will be able to give them the
satisfaction of a sort of a provis eventual decision
tellin letting them know what his determination
will be if the facts turn out one way, and what if
they turn out the other. A great part of business of what is called Justice is thus made up of a sort of licensed lies, which the parties are encouraged to tell, for the benefit of the lawyers on both sides and for the benefit of the party whose conscience tells him he is in the wrong. a fornight of the probable termination of the cause

(a) By a Statute of 12 Geo. 1. a man can not be arrested
for debt, "an affidavit of the cause of action": by which the penman meant, I suppose, as far as he meant any thing, an assertion upon each of without an affidavit asserting upon
oath the plaintiff's persuasion of the justice of the his
claim. The remedy is miserably scanty, as it
makes no provision for set-offs. It however effected
a sort of revolution in the law. Rival Merchants
only to hurt one another's credit used to arrest
one another upon Change without the shadow of a
demand. I have heard old veteran Attornies recall in feeling
terms the shock the profession received by this wicked law cruel stroke.

Identifier: | JB/051/204/004
"JB/" can not be assigned to a declared number type with value 51.


Marginal Summary Numbering




Main Headings

evidence; procedure code

Folio number


Info in main headings field






text sheet

Number of Pages




Page Numbering

f21 / f22 / f23 / f24


jeremy bentham


[[watermarks::l munn [britannia with shield emblem]]]


jeremy bentham

Paper Producer

benjamin constant


Paper Produced in Year

Notes public

ID Number


Box Contents

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