Regarding the OP with the citations,,this was niggling at the back of my head till now.
"Summonses or citations should not be granted before it is expressed under the circumstances whether the summons ought to be made. 12 Co. 47."
Printed copy · Anthology Volume 1, page 644Printed copy from The Tender For Law Anthology, Volume 1, page 644 (printed 14 June 2014). Added by this site; not part of the Facebook export.