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.