22 Aug t 1808

Evidence

Issue in Equity

1. Equity judges when they try a cause upon proper evidence, which is not once in twenty times, direct an assize[?], in which case the question is tried before a jury, upon jury evidence p.1.

2. Useless fiction employed for this purpose - party forced to tell a lying story about a wager. p.1.

3. Impropriety of this device - It assumes that on condition of laying a wager any two persons have a right to the service of the church to compell every body to disclose to them whatever facts they choose to enquire about - a proposition expressly negatived by a decision of B.R. temp. Mansfield. p.2

1 - Apparent incongruity in combating by Reason what was not established by reason: but for combating prejudice, reason if not always an effectual weapon is the only one. p.1-