JB/091/179/001

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30 Decr 1806
Scotch Reform To Ld Grenville

3. Pleadings without truth, shape or limit

So far as concerns the disregard to truth Scotch pleadings
are pretty much in the main upon a par with English ones: in that
with pleadings all the world over, wherever the mode of Judges the in pay in the shape
of fees, and its consequence the technical system is exhibited.
In one thing they fall short of the English, viz. that they do not
exhibit that hatred and contempt for truth wanton insults upon truth, that habit delight in
wallowing in mendacity vice and nonsense, which constitute a
privilege so dear to the hearts valuable in the eyes of English lawyers.

The lies in Scotch pleadings are not like those in the English
the lies of the lawyer, and of him only, and for his benefit alone level the lies of the suitor;
as to the ground at least, the embroidery only being the lawyer's
handy-work: they are not lies of mere wantonness, but grave sober
well-designing lies: they are well-considered lies having a special object, designed calculated to gain a point
they are not irrelevant, but apposite lies.

The remedy would be very simple: withdrawing the existing mendacity
licence. In English Equity pleadings, the Defendant in his answer
is already upon oath:⊞ ⊞ the mendacity licence
extends not beyond the
plaintiff's side. On
that side the removal
of it (needs it be said?)
would be just as easy
as on the other, but the
and would have been
effected ages ago, were
it not that the interest
of the partnership would
have been hurt by it. In Scotch pleadings procedure, in which English Equity is
happily unknown, take the licence away alike from both sides,
this part of the abuse vanishes. In the English Common Law
pleadings the essential part of the forms being composed of lies, this could not be done:
unless learned by way of giving a zest to mendacity learned gentlemen chose to
have it in the form of perjury, in this as in so many other instances.

Identifier: | JB/091/179/001 "JB/" can not be assigned to a declared number type with value 91.
Date_1	1806-12-30	Marginal Summary Numbering	102
Box	091	Main Headings	scotch reform
Folio number	179	Info in main headings field	scotch reform to ld grenville
Image	001	Titles	pleadings without truth, shape or limit
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
Penner	jeremy bentham	Watermarks	iping 1804
Marginals	jeremy bentham	Paper Producer	bernardino rivadavia
Corrections		Paper Produced in Year	1804
Notes public		ID Number	29175
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