JB/081/026/001

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1828. Octr. 31. Novr. 1.
Petition for Justice.
1 Case
III. Written pleadings

III. Device 3. Written Pleadings

1.† Advantages
Written Pleadings –
advantages over oral.
1. Paid for by
2. Uttered without trouble
to Judges.
3. Capable of being put
off and multiplied by
regular and established delays.
See V. Delays.

2.† Aids to this
Thence came Written
Pleadings, and at the
back of thee nullifications
– See VI Nullifications IX. Decisions &c

3.† Aids
These were Common
Law: for Equity Pleadings,
see VII X Jurisdiction
splitting.

4. Advantages.
Such the advantages
now for the need
and means.

5.† Demand for
By the intercourse
with France and by
wars and conquests,
number of French
speakers increased,
unintelligibility lessened.

6.† Demand for
All along, writing
had been rendered
more common here
as means increased.

7.† Interposed
Written pleadings
were added: made
to precede oral ones.

8.† Advantage doubled
Paid for this were
sciences and the art:
proportionately
for the art was made
by the science.

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9.† Middle men.
By plaintiff his
story, instead of being
told at once to
Judge, was told to Serjeant's
advocate.
Passing through the Attorney:
by him the
statement was to be
committed to writing,
and in ordinary language
by the Serjeant
put into latin – Copies
upon copies
the like afterwards
spoken to in French.

10.† Latin
In parts of, the suit
a still more extensively
unintelligible
Latin had from the
first been in use.
But this was from
Judges and subordinates.

11.† Language
When suitor advocates
come to talk to Judge,
the most extensively
unintelligible language
then already in use
would be preferred
in course.

12. Delay
For the addition made
to the quantity of delay
see VI Delay.

13. Delay
Still continues the delay.

14. Anglification
Ao. 17... at the end
of centuries the unintelligibility
was reduced.

15.† Anglification
Blackstone triumphs
in the still remaining
darkness.

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6.† 𝓧 Evidence
With written pleadings
came the so
profitable distinction
between pleadings
and evidence:
pleadings are not
evidence but
require it.

17. French (modern)
To no French Judicatory
is this distinction
none.

18. Saxon (old)
nor yet was it to the
Saxon Judicatories.

19. Saxon.
Each party told his
whole case to Judge
at once.

20.† 𝓧
True, distinguishable
and requiring to
be distinguished
were allegations in
respect of grounds in
respect of fact as
well as law: but to
mark the distinction
was for the Judge.

21. 𝓧
From the distinction
between pleadings
and evidence
comes one means of
employing mendacity
to the purposes
of judicature.
See IV. Mendacity.

22.† Demand
For the purposes of
justice, applied to the
whole together
to falshood
was necessary: not
for purposes of Judicatures.

23.† Advantages from Mendacity
Great the advantage
of a of a bad cause
to the effect of truth
wd. be added the same
effect given to falshood.

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24. Instruction to mala fides
Instructions for this
purpose from Judge
& Co. to mala fide
suitors.

25. Information to mala fides
If not in words, by
act was information
conveyed: no matter
by which

Identifier: | JB/081/026/001 "JB/" can not be assigned to a declared number type with value 81.
Date_1	1828-10-21	Marginal Summary Numbering	1-23
Box	081	Main Headings	petition for justice
Folio number	026	Info in main headings field	petition for justice
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d3 / e1
Penner	john flowerdew colls	Watermarks	b&m 1828
Marginals		Paper Producer	arthur moore; richard doane
Corrections	jeremy bentham	Paper Produced in Year	1828
Notes public		ID Number	25813
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