284 ANNUAL REGISTER, 1813. 



forcing the sentences of that court, 

 and which it was much to be 

 wished should be changed for some 

 other. He thought, if by reUev- 

 ing a person who was distressed, 

 he could put the question at rest, 

 it would be a fair way to get rid 

 of it : but it was a lamentable les- 

 son for all men to stand boldly for- 

 ward — to stand on their characters ; 

 and not by compromising a present 

 difficulty, to accumulate imputa- 

 tions on their character. The de- 

 fendant by giving 100/. to take 

 plaintiff out of prison, by giving 

 50/. to launch him in the world, 

 gave the benefit ground of extor- 

 tion. It was even stated, that 

 some of the defendant's excellent 

 relations were to give plaintiff such 

 situations as master in chancery, 

 but this was not in evidence , but 

 he had demanded the place of 

 marshal of the admiralty, not an 

 unemolumentary place. It was an 

 infirmity in one of the most learn- 

 ed men of his time, and would act 

 as a warning to take fair and firm 

 ground, and arm himself as a man 

 to receive any charges that might 

 be made against his character. But 

 the question was, whether the ex- 

 communication issued regularly : 

 those counts in the declaration 

 which charged malice were out of 

 thequestion,— it wasneither proved 

 nor imputed. He could not call 

 the notice from the adverse proctor 

 a citation. But by the practice of 

 that court it did not appear that 

 any notice was necessary when 

 the parties were present in court, 

 as they were in this instance con- 

 sidered in consequence of the affi- 

 davit. It did not appearthat plain- 

 tiff would have been put to any in- 

 convenience or to any expence by 

 appearing. It was a question of 



practice, and in such questions it 

 was the habit to defer to those who 

 were most conversant with such 

 subjects. In all ordinary cases the 

 judges at Westminster-hall refer- 

 red to the officers of the court: but 

 in all cases they deferred to the 

 opinion of courts as to points of 

 practice in their courts, unless they 

 were contrary to the fundamental 

 laws of the land : and the practice 

 did not appear to be contrary to 

 the law of the land. In chancery 

 a six clerk was appointed, and he 

 was not liable to costs. In this 

 case the wife had waved costs and 

 alimony : and could he say that 

 such was not the law of that court, 

 when on appeal it was decided so 

 to be, and when the only incon- 

 venience to the plaintiff was ap- 

 pearing once in court? If this duty 

 might be imposed upon him, there 

 was no method to enforce it except 

 excommunication. There was, he 

 understood, a proceeding instituted 

 in parliament to substitute another 

 mode, more consonant to the feel- 

 ings of mankind. It did not ap- 

 pear to him, that any rule of law 

 was repugnant to the practice as 

 given in evidence. 



The jury retired, and after re- 

 maining out half an hour gave a 

 verdict for plaintiff, Damages Ws. : 

 at the same time the foreman read 

 a paper to his lordship to the fol- 

 lowing effect, — " The jury beg 

 leave to assure the lord chief jus- 

 tice, that by this their verdict, they 

 do not mean to attach the slightest 

 impeachment on the most respect- 

 able character of sir W. Scott." 



Court nf King's- Bench, JulyVl, 

 — Chawner v. Warburton.— Mr. 

 Scarlett stated, that this action was 

 brought for a trespass, assault, and 



