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.