JB/091/182/001

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30 Decr 1806
Scotch Reform To Ld Grenville

But in Scotland Scotch procedure, the use of forms has not extended to
defences: not in regard to demands even of the most simple class descriptions:
and here at any rate the new newly projected or at least announced
system of pleading would find itself at a loss fault.

But when defences instruments of defence are unreversible, or as a Scotch
lawyer might say, and not inaptly, uncircumducible by
forms, much more must be replies with their et cæteras in
the chase of altercation.

A species of matter altogether uncoercible by forms –
general forms – I must not here say uncircumducible
is evidence, and if my conception of them be correct Scotch pleadings, especially where they
get into print, boil out and shroud themselves expatiate over the field of evidence.
French Memoires used to do so: they contained
each of them the whole story that is on each side the whole story on that
side, including according to the shape of the cause the expected already collected or expected, or
pretended to be expected evidence: all under the always with the benefit
of the mendacity licence: and in the Scotch cases and pleadings
I understand may be seen the legitimate offspring natural children of the French
Memoires.

In English procedure, on the Common-Law side, everything
capable of coming under the denomination of evidence, is pretty
effectually excluded by the forms in use. In most cases the cases of most frequent occurrence the defence
is happily into that very concise form of expression
called the General Issue. 1. Non assumpsit he (better I) in X made no such promise. I entered entered
into no such engagement. 2. Not debit. I owe, nothing.
3. Non est factum. I executed no such deed or instrument. 4. Solvit ad diem He
paid at the day, (capable without any impropriety of being included
under he owed nothing). 5. Non culpabilis – he is not guilty.

Identifier: | JB/091/182/001 "JB/" can not be assigned to a declared number type with value 91.
Date_1	1806-12-30	Marginal Summary Numbering	11-14
Box	091	Main Headings	scotch reform
Folio number	182	Info in main headings field	scotch reform to ld grenville
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e4
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	29178
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