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Evidence
23 July 1805
Introd.
Ch. Perversion
Of this second mode of perversion the sort of judicial instrument called a Sub poenâ served on the defendant for the commencement of a suit and a Sub poenâ ad [...?], may afford a sufficiently appropriate example.
In the case of a suit instituted in the Equity side of the Court of Exchequer the first notice that the Defendant has of the demand made upon him is by a Writ called a Writ of Sub poenâ. In this Writ the spokesman is the King himself: the Chief o the four Judges of the Court (the Chief Baron) is mentioned in the character of a Witness. A certain somebody, whose special title is not mentioned signs the Writ with his name - in this form - by the Baron Elect, Immediately afterwards upon the words At the suit of (the Plf) by bill[?] another person signs his name, and again without his special title. This second person is a sort of mixed character called a Sec[?] - Clerk - an officer of the Court, but employed in the character of a professional Agent or Attorney by the party: who besides this sort of special Attorney, is found to have another, a non-official one. We command ... you says the Writ ( the surplusage is here left out) that you appear before the Baron of our Exchequer at Westminster it then goes on and either specifies a day or [...?] or in a more ordinary state says "immediately after the receipt of this our Writ." .. to answer us concerning certain articles .... to be objected to you: Then comes in case of disobedience, the threat of a penalty /a [...?] threat of a penalty/ of 100: which is never levied or intended to be levied.
In receipt of an address of this kind, it is superfluous to ask what is the meaning of this. Judges, [...?] /announced/ through their silence are in every case thus used, and that of course with their full knowledge, yet in no individual instance /occasion/ does any such Judge know of the use thus made of his name on that particular occasion. Wave this question then, comes another and more material one, if the man who has received the address what in consequence is he to do to be saved. Appear which is what he is commanded to do, he must not. If he does, nothing will /no articles will be here/ objected to him: neither by these Judges nor by any body else will any notice be taken of him, unless it be to laugh at him, to laugh at him for his credulity, in supposing it possible for English Judges to speak or write for any purpose but to deceive. But what they will do to him in consequence of the obedience thus paid to their commands is to punish him for disobedience. To avoid being so punished, he has one way, and but one: and that is to employ an Attorney to appear for him: nor yet to appear then and there, and before this Judge; but appear before somebody else, at that or another time, and at any rate at another place.
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Title: [12 June 1805 Procedure Evidence]Description: 12 June 1805 Procedure Evidence Note Introd Ch. Procedure Natural ''. Confront. Object n to [...?] Addn Execution[?] of attendance [...?] For the purpose by [...?] up /destroying or [...?]/ local judicature Note (a) to p.3. (a) In England, another answer, in no better character indeed than that of an argumentum ad hominum[?], but in that character an [...?] one /a faulty imperfect one and most appalling one/ /rather an/ might be offered /presented/ /submitted/ to an English Judge. You yourself as often as you had your name, for the purpose of giving commencement to a suit, address yourself by a written notice presented in the name of the King /the name of your King/ to the defendant, calling upon him in as explicit and pointed terms as the language can furnish /has to furnish you/, to appear before you in your Court: to appear not simply to appear (lest that according to the distorted[?] &[?] deceptitious language to which your predecessors have given currence[?] should be construed to mean not to appear but to send by some other person to appear by Attorney) not simply to appear but to appear personally to appear in person: and the better to confer this command you back it with the threat of a specific punishment, a pecuniary penalty to the amount of 100.
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Title: [Evidence 26 July 1805 Introd]Description: Evidence 26 July 1805 Introd Ch. Perversion In this case, suppose a man to whom it were not known or at least suspected, that there are occasions in which no credit can safely be given to any thing that comes officially from a set of English Judges, what would be the consequence? The consequence would be, such as it hath just been stated. In general, so notorious is the untrustworthiness of the English system of procedure, even to the most uninformed - to those who scarce have scarce any other knowledge of it. Instances however will sometimes happen in which a man, unfortunate enough not to suspect deceit from such a quarter, will act as if there were no such deceit, and be deceived accordingly. I remember hearing a particular instance of a man who on an errand of this kind came post-haste to Westminster Hall from some place in Shropshire, a couple of hundred miles or so. It afforded great amusement to the lawyers, and was told as a good joke. Should /he/ the man /defendant/ by any accident have cast an eye on what is called a Bill in Equity - is an instrument of the sort of that which draw upon him the misfortune of receiving such an address however, he would have /therein have/ received as full a confirmation as it is in the power of words to give. He would therein, have read a description of the sort of Writ prayed for by his adversary: a writ commanding not appearance without any thing more but personal appearance. What is the description of the sort as herein prayed for? Their Majesty's most grievous writ ... of Subpoenâ commanding them, at a certain day, and under a certain pain therein to be limited, personally to be and appear before "Your Honours in this Honourable Court, and then and there full true direct and perfect answer make" &c. Fowler. . 35.
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Title: [28 Feb y 1807 Letter V IV.]Description: 28 Feb y 1807 Letter V IV. Application Modes 7 6. Writ of Error 6. Appeal from a decision (called a judgement) pronounced by a Court of Common Law; in a case where nothing that has passed at the trial before the Jury is included in the subject of complaint, is called a Writ of Error. 7. Appeal from a decision pronounced by a Court of Equity, the application being to another Court considered as a distinct as well as superior Court is called simply an appeal: so likewise is the case where the Court a quâ is a Spiritual Court or Court of Admiralty. 8. After a definitive decision pronounced by the Judge of an Equity Court, an application addressed to that same Judge and praying an alteration in such decision, is called a Bill for a Rehearing. 9. - if to a different Judge succeeding the former in that same Court, a Bill of Review. 10. Causing a suit already instituted in an inferior Court to be removed into a superior Court without notice taken whether before or after judgement, definitive or interlocutory. To this head belong in English law the instruments called a Writ of Certiorari and a Writ of Pone: in Scotch Law, the instrument called a Bill of Advocation. N.B. The Writ called Certiorari is applicable to other purposes besides.
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