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13 Apr 1805
Evidence
§ Licence given sold to oppression by English Procedure
After the defendant has been compelled in law language to appear wh
in English not to appear (for it he would not be suffered but to
employ an Attorney, the first step is the Plff's Attorney delivers
in (not to the Judge who never knows any thing about the matter
but to an Officer who does no more than receive and keep it)
a written an allegation in writing an instrument called a Declaration. If the Defendant
on his part (that is meaning his Attorney) denies the matter of fact
contained in the allegation, such denial is called pleading
the general issue: if, as a ground for the rejection of the
demand contained in the declaration, he alledges distinct facts on his
part – in other words exhibits counter-allegation or allegations
this is called pleading specially or special pleading.
From the exigency nature of the case or by management professional management
it will a conceivable case is that it shall fall to the lot
of the plaintiff instead of controverting the defendants facts
alledged as above, shall oppose to those other facts.: So the
and that the lots this process shall be repeated on both sides and number of times.
To the possible number of these reciprocal allegations there is no
certain determinate limit. Taken in the aggregate the art
of composing them drawing them up composes constitutes a particular branch of lawyers
practice, is denominated Special Pleading, and furnishes occupation employment
to a particular class of lawyers called Special Pleaders.
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