He was therefore liable to a penalty of five hundred pounds, which an informer might recover by action of debt.

A menial servant was employed to bring a suit for this sum in the Court of King's Bench.

Sir Edward did not dispute the facts alleged against him, but pleaded that he had letters patent authorising him to hold his commission notwithstanding the Test Act.

The plaintiff demurred, that is to say, admitted Sir Edward's plea to be true in fact, but denied that it was a sufficient answer.

Thus was raised a simple issue of law to be decided by the court.