JB/047/158/001

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23 July 1805
Evidence

Of this second mode of perversion the sort of judicial instrument called
a Subpoenâ, in its several modifications called of a subpoena
ad for served on the defendant at the commencement of a suit and a Subpoenâ ad testificandum will form may afford
a sufficiently an apposite 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 Subpoenâ.
In this Writ the spokesman is the King himself: the
of the Chief of the four Judges of the Court (the Chief
Baron) written signed by his own hand is mentioned in the character of
a Witness. A certain somebody, whose official title is not mentioned,
signs the Writ with his name – in this form – By the
Barons . Immediately afterwards afterwards upon the words
At the suit of (the Plff) by bill comes another person signs
his name, and again without his official title. This second person
is a sort of mixed character called a Six 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 official Attorney, is forced to have
another, a non-official one. We command ... you says
the Writ (it the surplusage is here left out) that you appear before
the Barons of our Exchequer at Westminster, it then goes on and
either specifies a day or certain or in a more alarming state
says "immediately on after the receipt of this our writ", ... to answer
us concerning certain articles ... to be objected to you: Then comes a
case of disobedience, the mendacious threat of a penalty a mendacious threat of a penalty of £100: which is
never or intended to be .

In receipt of an address of this kind, it is superfluous to say ask
what is the meaning of these Judges, since inasmuch through their names are in
every case thus used, and that if 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. Waving this question then, comes another and more
material one, it a 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 be no articles will he have, 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 these Judges, but to appear before somebody else, at that or another time and
at any rate at another place.

Identifier: | JB/047/158/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1805-07-23	Marginal Summary Numbering	14-16
Box	047	Main Headings	evidence
Folio number	158	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e6
Penner	jeremy bentham	Watermarks
Marginals	john herbert koe	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	15026
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