The Statesman.
London, England, 1818-03-09 00:00:00

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geace, but neitherbb nor his Learned Coadjutor bad
been able to produce one vise in support of their ar.
gument. The case bad been conducted as if there
was any analogy between Courts of Equity and Law.'
Hut it ought tir be remembered that whatever might
be the practice of a Court of Lew, that had nothing,
to do with equity, and there was no analogy what-
ever bet eaten them. . The case was not a novel ono.•
for the very same arguments had been made use of 20
lieneti, 'but ilitlinet suCetis. What was there pee.-
... -llarly lotereslistg in 4t to justify a departire frons.tirt
festabliabed practice of thy. Court, especially after
what the collected wisdom of Chancellors for two
centuries had laid dee* Ifs he the fele. Was it b.%
game her Royal flightless the Princess of Wales oh
the one hand end the Prime Minister of Englund-and
• diplomatic personage on the other, were the par-
ties? Certainty not ; and there was no doubt but had •
this beet; a common case in which John Smith and
Meer Jones MPre parties, that such an argument
mould never have been used, nor the case treated at
Nt as it had been. 'rho Prime Minister bad made no
• .eetfitlytit in support of the motions or, et least what
amounted to the same thing, he had made no state.
sent on his protestation of honour, but left this to,
- Ate done by Count Minister. That Ambassador had.
-etude an *admen, bat what did it amount to? It
assely @sprayed iris belief, that if the document was,
—produced, something might be there seen which
lareetd be beneficial to him; but it by no means
; Stated, that if he saw the document something would•
be seen beneficial to his interests as executor. All
the other side coqld expect, all they had a right to
• do, was to answer the bill, or file a cross bill, be-
cause it was not at all material for them to see the
deed. But supposing it was material for them, his
•Lord,hip could not give them' them the permission,.
of seeing it without departing from the practice of
the Court; and this case could be viewed in no other
light than those which commonly came before the
Court. end no such motion had ever been granted.—
lied been argoed that by the bill if did not appear
w here the deeds were made out, but this certainly
• was a point of no importance whatever in the deri-
sion which the Court would come to. It was farther
said the bill was shy and modest ; hot his Lordship
bad not to be told that shyness and modesty were
venial faults, and could easily be cured. Consider.
log, their, the established practice of the Court, and
the trill* grounds by which the motion was sup-
ported, the Learned Counsel capressed no doubt but
it stook! meet • direct refusal.
•• The Loan CHANCELLOR considered the case one
of great importance to the Public, and so far as re-
leted to the practice of the Court, he had no doubt
• of its forming an important precedent hereafter, and
on that account he was the more bound to attend to
it. It was armee_ he-should look minutely into
the affidavit of ConWirlunster, and also into the bill
filed by her Royal Highness the Princess of Wales,
as the question of two securities being given for one
sum was somewhat peculiar. In copies of bills of
exchange, it was common to mark them as, first,
second, or third, that should two not come to hand,
the third might ; but it was singular here, that the
sum of 15,0001. should be secured by two deeds,
drawn, as it appeared, both in the same day.
The SoLictroa-GENERAL then replied. Ile felt it
his duty in the first place to advert to the allusion
which had been made to the high rank of the parties.
Ile considered such illusions to have been extremely
improper, because it was, and he hoped ever would
be, the boast of England, that justice was impar.
tially administered between rich and poor, high and
lOW. Ile was sure that whatever the rank of the
parties might be, Iris Lordship would consider the
case with the same impartiality as he did that of
the most obscure suitor ;in the Court. With
respect to the case itself, he had the authority
of his Learned Friends for saying, that it was not a
Hovel one, and he might have produced cases in sop.
• port of his motion, had he not acted from the con.
. -viction of his Lordship being intimately acquainted
• with them. It was utterly impossible for Count
• Monster to make any other affidavit than he had done,
unless he saw the deed, for he could not tell whether
• •it might or might not be for his advantage. The bill
tiled by the Ito) al Plaintiff imposed on the Defend.
cots the necessity of either denying or admitting the
validity of the second document ; and surely it must
be material for them to see it before they ran make
each admission or denial. With respect to the pro-
ceedings in Courts of Law, he declared he had no in.
tention of arguing that‘ there was any analogy, as all
that he meant was, that Lord Mansfield had, above
'lllO years ago, laid it down as a rule, that such in.
Stenments should be produced, that Learned Judge
Banking such was agreeable to the principles on which
a Court of Equity acted. The case was singular, in
consequence of the documents differing in one point,
.the first specifying that the 15,0001. and interest
should be paid on the filth of August, in sterling
imoney of the realm, while the other stipulated the
fayment should be made in Louis d'ors in 1816,
without any regard to a particular month. On the
whole, he left the case in his Lord hip's hands, with
a decided conviction of his Lordship acting in it with
the same impartiality as be was well known to do
In every case that cametefore him.
The LORD CHANCELLOR hoped, that in this and

in every other case he should be enabled to come to a

proper conclusion, without any regard to the 'Rua-
, tion of the parties who were suitors in the Court.—
God forbid that the day should ever arrive when en
English Judge would permit his judgment to be
warped by private feelings, or permit the tribunals of
justice to be the vehicle of party feelings and party
regards. Feeling, as he did, the most profound re-
spect for the ezalted situation of her Royal Highness,
and also for that of the tiro Defendants, he could
View them in no other light than he did the common
senors whose eases he was daily called to hear. The
bill, as he understood it, was filed by her Royal
Highness to receive the payment of this 15,0001.
from the execotors of the late Duke of Brunswick,
which eaecuton had, as he presumed, been advised
inconsistency with their duty to the children of the
deceased, to insist on the production of this second
security which the Plaintiff had received for the sum.
Tke case, as he had already observed, was very im-
portant with relation to the long established practice
of the Court, and he would therefore minutely es-
mine the bill and the affidavit before giving judg-
ment. At the same time he felt it his duty to make
Gus or two observations oo what bad fallen froth the

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