case wildboar all versus parker all at the chancellor house Lord chancellor a  information be bring for the payment of two note give for public use and to  have the money apply the defendant to the information file a bill against the  relator to discover the consideration of the note Q if they can demurrer to  the discovery because it will subject they to a penalty Mr attorneygeneral for  the defendant the bill set forth that Lord fitzwilliam and Mr Wortley Montague  be desirous to serve in parliament for the city of Peterborough they agree  with the corporation that my Lord fitzwilliam shall give pound and Mr Montague  pound to build a bridge and repair a gallery in the church and the plaintiff  wildboar and Delarine two of the say city mosely report give two note to the  defendant who be member of the corporation one of which be to this effect we  do acknowledge to have receive pound for the building a bridge and repair a  gallery in the church which we promise to pay to the same use and the overplus  if any to such public use of the city as shall be appoint by the principal  inhabitant and the other note be a acknowledgement of the receipt of pound for  the like purpose and the bill charge that these note be give upon the  defendant engage to use their interest in the corporation for Lord fitzwilliam  and Mr Montague and that the money be to be pay only in case they be return to  serve in parliament for the say city that the say candidate never pay any  money to the plaintiff and that the consideration be not express in the note  to hide the bribery and corruption that the defendant afterward invite sir  Edward obrien to stand for the say city and pretend they will not return the  other two unless Mr Montague will also give pound which not be comply with the  defendant by the opposition they give Lord fitzwilliam and Mr Montague oblige  they to spend about pound which be much more than the note be give for and Mr  Montague lose his election and the defendant the sheriff deliver his precept  to a wrong officer who return sir Edward mosely report er p obrien who make  the city a present of pound and that the defendant pretend they can give up  these note because they be give for the benefit of the say city but a  information have be file against the now plaintiff at their relation to have  they establish the bill therefore pray that the defendant may discover the  consideration for which these note be en and may deliver they up and as to  such part of the bill as desire the defendant to set forth whether there be  not such a agreement to return Lord fitzwilliam and Mr Montague or what be the  consideration of the note the defendant demurrer because the cognizance of all  parliamentary affair or of any agreement to return member belong to the house  of Commons and because this discovery may subject they to the punishment and  censure of the say house and as to that part of the bill which pray a  discovery whether sir Edward obrien do not give pound to the say city they  demurrer because the king ought to have be make a party by information or sir  Edward obrien at least to see how his own charity shall be dispose of and the  defendant the high sheriff demurrer to the discovery of any misbehaviour in  the return because the discovery may subject he to the censure and punishment  of the house of Commons and we demurrer also to the relief and though we have  bring a information in the name of the attorneygeneral against the now  plaintiff to have the money due on the note lie out and dispose for the  benefit of the city yet that information can be take notice of in this cause  but it must be judge mosely report of as it stand on their bill and our  demurrer the agreement to give these note be as they set it out a corrupt  agreement examinable by the house of Commons and therefore our demurrer to a  discovery be proper for we be not oblige to discover what will subject we to a  penalty whether it be punishable by commonlaw statute or the house of Commons  but if we ought to discover our demurrer to the relief pray be good for where  the agreement be corrupt this court always stand neuter and so do even the  court of commonlaw for if one bring a action for money have and receive by the  defendant for the plaintiff use and which be indeed pay by the plaintiff on a  usurious contract the law will not let he recover on this action because both  of they be equal guilty and we demurrer to the prayer of the specific  application of the pound give by sir Edward obrien because the agreement be a  corrupt agreement and because the overplus of the money for which the note be  give be to be apply to such public use as the principal inhabitant shall  appoint and they be not make party for this reason also we demurrer Lord  chancellor I will respite the demurrer till the information come to a hear  though you give it the specious name of a charity it be a plain corruption but  since a information be bring how can I relieve the plaintiff Mr solicitor  general for the plaintiff we shall be satisfy if the relator in their  information will consent to be examine for we but if we shall offer to examine  they they will demurrer as they do now to our bill and we aim at a discovery  more than a relief and do not fear the information Mr attorneygeneral a  information be bring to I sign by counsel of pound give to public use which to  be sure I will not have sign if I have know on what consideration the note be  give and when the defendant to the information the now plaintiff apply to I to  stop proceed on the information I order a attendance at which they only  produce a affidavit that these note be give upon a consideration which have  never yet be perform which I tell they they may insist upon very proper in  their answer but they disclose nothing to I of what they now charge by their  bill mosely report Lord chancellor let the cause stand over to the next day of  demurrer to see whether the defendant the relator in the information will  submit to be examine as witness to the consideration for which the note in  question be give or both side may in the mean time attend Mr attorney general  to know his pleasure whether it be proper to proceed on the information and  all proceed be to stay in the mean time post Cas S c mosely report er p