case mrs Diana hosier plaintiff Mr heart and Francis Diana his wife the  daughter of the plaintiff Mr haw the next of kin of the late admiral hosier  decease and Mr baker his heir at law defendant in court Lord chancellor master  of the roll Mr solicitor general for the defendant baker the bill be bring to  perpetuate the testimony of witness of the marriage of the plaintiff with the  late admiral hosier mosely report er p and the legitimacy of her daughter the  defendant mrs heart and the defendant baker have prefer this petition to your  lordship that the deposition of Mr Philips take in this cause may be suppress  and that the plaintiff the defendant heart and Mr Reynolds the examine clerk  may be commit the plaintiff and the defendant mrs heart as wife and daughter  of the late admiral hosier bring a ejectment for the recovery of his real  estate and have a verdict chief on the evidence of Mr Philips who swear that  he baptise mrs heart and that be afterward in the west Indies a chaplain to a  man of war and relate the marriage and birth of the mosely report daughter  among the sea officer and it come to the ear of the admiral he be at first  great offend with he but at last own to he they be his wife and daughter and  damned all church security this evidence he give upon the trial and his  deposition take in this cause be obtain by corruption and we hope your  lordship will suppress these deposition for that reason and for the  irregularity in take they mrs hosier enter into two bind to the say Philips  each of the penalty of pound one for the payment of pound and the other for  the payment of pound ayear to he for life as a reward for what he be to swear  at the say trial but before the trial the plaintiff be apprehensive that if  upon his examination these bind come to light which she have hear Mr haw have  come to a knowledge of from Mr broom the parish clerk the court will not allow  his evidence she take up these two bind and she and Mr heart give another of  pound to mary Thompson in trust for Mr Philips and which she endorse in these  word I assign this bind to Mr Philips who right it be and mary Thompson sign  this endorsement and Philips before and after the trial often say the bind be  give he as a reward and refuse to go down to the assize unless the plaintiff  give he ten guinea and some time after the trial he swear if the plaintiff  will not give he a hundred guinea the cause shall yet go against her and often  say it be a pity Mr hosier relation shall be wrong by such a woman and that he  will not do again what he have do for her to gain the admiral be whole estate  and that he no more believe she be marry to the admiral than the dog that be  pass across the room while he speak and the plaintiff allow he a guinea a week  till his death after the trial the bind be put in suit the party come to a new  agreement and the plaintiff give a note of pound to Mr Philips which have be  since pay and a bind of pound to mary Thompson defeasanced not to be put in  suit till three month after the plaintiff have obtain administration of the  personal estate of the late admiral then the plaintiff bring this bill to  perpetuate the testimony of her witness and particular of Mr Philips who be  very in the day he be to be examine after he have be swear by the master he  refuse to let the examiner take his deposition unless the plaintiff will  advance he ten guinea so his examination be defer till the next day when she  bring the money and while the clerk be take his evidence he knock and the  plaintiff and mary Thompson come up and the plaintiff in discourse with Mr  Philips say good God cousin how can you forget yourself so you have strange  lose your memory and mary Thompson come first down and be ask what mrs mosely  report hosier do above she say she be refresh Mr fillip memory and when the  plaintiff come down she say to mary Thompson Molly Mr fillip memory be quite  go he know the admiral above twenty year ago and now he swear he know he but  five year before his death and the plaintiff after go up again by herself and  when she come down she say she will not for a great deal have be out of the  house and the examiner when he come down tell the plaintiff upon her ask he  how he have perform that he have at last answer to his satisfaction and Mr  Philips afterward declare that he be very sorry for what he have do that his  evidence be false that he have injure the admiral be relation that he have not  baptise the child or ever see the admiral and desire that what he say may not  be make public till after his death these bind be admit by the affidavit for  the plaintiff to have be give to Mr Philips but not to induce he to give his  testimony but to borrow money on they to enable mrs hosier to go on with her  lawsuit but do ever any one enter into a bind to another to pay he pound a  year for his life as a fund to borrow money on and he never borrow but pound  on these security of Mr Roger and that be for himself but the defeasance of  the last bind plain prove it be give as a reward to he to give such evidence  as will procure her the administration because he be not before mosely report  er p to have the benefit of the bind but it can not be design as a security  for borrow money because the payment depend on a fact which may never happen  and this appear from his own letter and be ask if the bind be give to raise  money on he deny it and say they be give for a purpose not fit to be mention  but which they very well know and that the last bind be give in consideration  of his deliver up the other and give his evidence and he have dispose of this  bind by his will as part of his estate as to the irregularity Mr Philips ought  to have attend the examiner alone or the examiner he and the plaintiff ought  not to have be in the room during the examination and as this be a bill pure  to perpetuate testimony it be proper for we to apply to your lordship in this  manner to suppress these deposition and all these fact we have make out by our  affidavit the affidavit of the plaintiff and of those that be swear for her be  to this purpose mrs hosier swear that she be acquaint with Mr Philips several  year and that they go to school together at Shrewsbury and that know how she  be straiten for money he propose and do raise her several small sum by mosely  report assignment of the bind and other swear that Philips have endeavour to  borrow money of they on these bind for the plaintiff use as he tell they and  she deny the bind be give he as a reward or on any other occasion only to  raise pound for himself in ease he shall be arrest go to the trial and that be  tell the subpoena be a sufficient security he promise to deliver they up that  mary Thompson tell her she or Mr heart shall never see Mr Philips to serve he  with a subpoena unless they give he the bind of pound that she will endeavour  to persuade her aunt to advance the money and that she may be prevail upon to  leave her that bind and that she believe mary Thompson keep he out of the way  for this purpose and that Mr Philips be so sensible of it that he promise  after the trial to deliver up this bind that this objection to the bind be  make at the trial and overrule and Mr Philips be examine and swear that the  viceadmiral own the plaintiff and mrs heart for his wife and daughter that  they never hear Philips make any such declaration but that he always say he  have swear the truth and wish the plaintiff and mrs heart may long enjoy the  estate that she give the note for pound because mary Thompson say she have  pledge the bind for that sum and that she give the last bind for fear her bail  shall surrender her up and that mary Thompson have often promise to deliver up  the bind or to raise her money on it that she bring this bill to perpetuate  the testimony of Mr Philips because he design to go teach school in Ireland  and that she maintain he to keep he in London till he be examine but deny that  there be any contract for that purpose or any allowance that she lend he ten  guinea to pay for his lodging but deny that he refuse to be examine till she  do but put off his examination till the next day that he may have clean linen  she deny that she have any such discourse with Philips or mary Thompson relate  to the cause or with the examiner or that he make her such answer that they go  up to give Mr Philips wine because he be faint but it be swear on the other  side that the wine be in the room and give he before the examination that the  plaintiff have be often hear to say that mary Thompson have twice cheat her  and that she have give instruction for a bill to be file against her to  deliver up the bind that Philips say he know admiral hosier twenty year that  he always speak in the plaintiff favour and declare in his last illness that  he be glad he have do her justice and that she have a great many enemy and  that the plaintiff press he for the bind he bid her be easy and say by the  live God you shall have it that the admiral own that the plaintiff be his wife  and mrs heart his daughter mosely report Mr Reynolds the examine clerk who  affidavit be also read be examine viva voice declare that Mr Philips be very  Willing to be examine though he be very sick and weak in bed that grow faint  he desire somebody may be call up to give he wine that upon his knock the  plaintiff come up and give he some and then go out and that she do not prompt  he or complain that he have lose his memory and that he do not examine he  while any body be present that one of the interrogatory be of the plaintiff  family Mr Philips say he have forget where her father live in Wales and desire  the plaintiff may be call up and when she come she inform he that Mr Philips  at first swear he know the admiral but five year but that when he read his  deposition over to he he say he mistake he know he seventeen year that he sign  the deposition and say they mosely report er p be true that mary Thompson meet  he as he come down and ask he if Mr Philips have do mrs hosier justice and be  tell her he hope he have Mr attorneygeneral for the defendant heart and his  wife it will be of the utmost ill consequence to we to suppress the deposition  of so material a witness after his death for our evidence of what he swear on  the trial must be very uncertain if a witness concern in interest be examine  his deposition be not of course to be suppress but it be a objection at the  hear of the cause against their be read as it will take off his evidence at a  trial and so as to what relate to his credit and it be the practice of the  court to exhibit article to the credit of a witness but it will depend on the  evidence when the cause be hear whether the deposition shall be suppress or  not and this be a bill for relief as well as to perpetuate testimony and what  they have swear they may give in evidence on a new trial and may encounter the  evidence of Mr Philips by these witness as they do at the former trial so then  the question will turn on the irregularity of the examination the witness be  sick in bed and during a long examination grow faint and desire some wine the  examiner knock and the plaintiff and another come up and give he wine and then  go down again and the examiner go on this be not a sufficient foundation to  suppress the deposition if a witness be examine at the office nobody be suffer  to be present but in the course of a long examination if the witness be tire  they let he go out of the office and it be often impossible to do otherwise  for a examination sometime hold two or three day and then the witness may see  who he please and if a witness in the course of his examination want relief it  be no fault in the examiner to call for it and though it happen that the  plaintiff be one mosely report of the person who come up that be no reason to  set aside the deposition if she say nothing to prompt he and the examination  stop while she be present afterward the witness can not recollect the name of  a place and the plaintiff inform he sure this be not a good cause to suppress  the whole deposition when it have no influence on the material part of it and  it will be hard that Mr heart and his wife who be most concern in interest  shall lose the benefit of all the deposition when the witness may have go out  on pretend business and ask that or any other question Mr Verney for the  defendant baker our objection be not only to the credit Mr Philips but to his  competent and if what be swear against he be prove at a trial against a  witness the court will not suffer he to be examine and though here his  examination be first take our affidavit be not only sufficient to discredit  his deposition when they come to be read at the hear but to hinder they from  be read and to have they suppress master of the roll these deposition ought to  be suppress for irregularity a witness under examination at the office may go  abroad from the necessity of the thing and though this be a great  inconvenience it be impossible to remedy it without deprive the witness of  their liberty and confine they till their examination be over but here the  witness be not dismiss but the plaintiff be suffer to instruct he which be a  gross irregularity and own by the examiner himself if a witness be uncertain  or at a loss as to any question the examiner ought to take it down that he be  so and not suffer he to inquire of the party concern and it be of no  consequence whether the question the witness ask the plaintiff be a material  question or not for if it shall once be allow that a examiner may suffer a  witness to inform himself in a immaterial point it will raise endless dispute  what be so but there must be a general rule in all case for as the justice of  the court depend on these paper deposition great strictness ought to be  observe in the take they so if he be examine in the office the examiner ought  not to let he go abroad for information or break off in the middle of a  interrogatory but keep he till he have finish his examination to that  interrogatory and therefore long interrogatory be in themselves a irregularity  what the examiner have swear give great weight to what be swear against he  mary Thompson say that when the plaintiff come down she complain that Mr  Philips have lose his memory and that he have swear he know the admiral mosely  report only five year and the examiner own he first swear so and then he be no  witness to the marriage which be several year before and this shake the credit  of the examiner and confirm their affidavit and this examination be not only  irregular but procure by the practice of the plaintiff and be a very foul  examination the examiner know the plaintiff have be once at her lodging and  entertain by her and she be in the house at the time of the examination and  true the deposi mosely report er p tions of such a man as Mr Philips appear to  be from these affidavit be not worth preserve and make way for the belief of  what they have swear and be confirm by the defeasance for when the plaintiff  have get administration commit to her she have carry her point so here be a  foul practice and irregularity in obtain this evidence and as Mr Philips be  examine at the trial by produce the record they may swear to the evidence be  give I refer to his lordship what punishment the examiner shall suffer who I  think ought not to be try for the future in the office Lord chancellor I agree  with his honour the master of the roll this be a bill to perpetuate the  testimony of the plaintiff witness of her marriage Mr Philips be her witness  only and the question be whether his deposition ought to be suppress at a  trial at law as Mr Verney observe if a witness be prove to be corrupt he be  not suffer to give evidence here indeed he be first examine and the question  be whether the deposition of a incompetent or corrupt witness shall stand on  the record of this court when the party be perhaps dead who can prove the  corruption and which be take in a foul and irregular manner the clerk know the  plaintiff and she be in the house when be come to examine some have swear that  the wine and table stand in the room when the examiner go up the examiner  knock upon the witness grow faint and mrs Thompson come up and Philips ask her  for mrs hosier and mrs Thompson call her to he she swear the examiner bid her  and that she hear mrs hosier say to Mr Philips sure your memory be very bad  when you say you know the admiral only five year and other swear mrs Thompson  tell they mrs hosier be above refresh his memory and this be confirm by the  examiner the witness pause a second time and then mrs hosier be call up again  can there be a great misdemeanour than to let the party come up to instruct  the evidence therefore these deposition must be set aside the examine clerk  commit and discharge for unfair and irregular practice and the plaintiff must  pay the cost of this application and of all the affidavit mosely report  Wednesday may the that