date

8 June 1808 In a Court of Equity
8 June 1808

In a Court of Equity where the individual from closer evidence is to be extracted

from is a party (the Defendant) the mode employable

(in that stage of the course at least) is

the epistolary mode only: where an extraneous witness,

the oral mode only, and thus in secret, neither

door shut against both parties party admitted, the questions put by a Clerk

to whom it is matter of indifference who cares not whether the answers be true or false.

In his one enquiry made by a Committee of either

House of Parliament, the two modes of examination —

oral and epistolary, either or both, are employed as

the nature of the case requires. And in a Court

of conscience, supposing the nature of the case to require

this course, there is nothing to prevent it.

2. Speaking of written evidence in the power custody

of the parties, and the powers computions employed by one

Equity Court for compelling the production of it

of an original proves to be vested in the Court Common Law

out of which the cause is sent in the only thing

wanting to render the practice of a Jury-trial

Court the modes of perfection in this time.

But by this preferred original power a document

thus necessary to justice would not be procurable,

but by a Motion with affidavits and counter-affidavits, and arguments with offered by counter-arguments — in a word by a cause within a cause.

Whereas in a Court of conscience all such documents lying

in such hands would be produced of course. You plaintiff

you keep books, you say: produce these books, or

take nothing by your plaint.
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