date

18 March 1807 7 Is it then
18 March 1807

7

Is it then The word frivolous being thus employed in /to form //to express/ the character of an attribute, to the word /of instead/ appeal the grounds and reason of the appeal be considered as designated /the object/ in the character of the correspondent subject, compared with /the expression when/ the same /above/ standard, will appear equally incompetent /ill qualified/ to lead to useful practice.

These grounds and reasons may be ever so frivolous ever so insifficient in point of reason to warrant the conclusion built upon them /drawn from them/, and on the part of the suitor on whose behalf they are employed yet be unaccompanied

with malâ fide. It may even happen that they are not so much as accompanied with temerity. For be they ever so frivolous what may happen is that they are the fruit of the majority of th suitors lawyers, and forasmuch as it not endurable where law is concerned that non-lawyers in general should hold themselves wise than the laws that is than the lawyers by whom a pretence of being declared they were made, or at least without imputation of rashness may a suitor be allowed to regard the wisdom of his own lawyer /of thre lawyer of his choice/ as superior to his own. On the other hand true it is, that the more frivolous the grounds, produced in appeal of an Appeal or any other legal application, appear in the eyes of him to whom it belongs to judge of them, the stronger will be his reason for regarding the application as accompanied /tinctured/ either with temerity or even with malâ fides.
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  • Title: [18 March 1807 3 To apply the]
    Description: 18 March 1807

    3

    To apply the distinction to the case in hand - that of appeals /appeal/.

    The malâ fide appellant /the malâ fide suitor/ is that species of man most of whose existence I have been employing[?] so much and I fear such fruitless labour to impress the conviction upon Your Lordship's learned Reformer's mind. He himself is as well satisfied as any body /one/ else can be of his having no rights to the sort of service which by the appeal he prays /demands/ for, but forasmuch as under the protection afforded to him under the name of law by learned Lords and Gentlemen he finds it or renders it his interest to persevere in such demand, to persevere accordingly.

    The appellant who though by the supposition he is in the wrong, is not conscious of his being so, and therefore is not a malâ fide appellant, may according to analogy, reference being had to the above cardinal distinction, be termed though a bonâ fide a temerarious appellant - his conduct in respect of his preferring such appeal may be said to be coupled or tinctured with temerity - and so forth.
  • Title: [18 March 1807 8 But in this]
    Description: 18 March 1807

    8

    But in this case if it be temerity that is meant to be imputed to the appellant, temerity as conveying a distinct idea, and presenting in a direct manner the ground of the arrangement taken to his prejudice, temerity I say is the word that ought to be employed: temerity, as being susceptible of but one [...?], and that a proper one, as being applied directly to the conduct of him who in consideration of such conduct is to be taken in hand and burthened; not frivolousness as being applicable to either of divers subjects it is difficult to say to what, and at any rate not directly to human conduct, the subject for which an attribute is required.

    Tinctured or not with temerity, and so again with malâ fides the conduct of the Appellant in preferring the Appeal wil have been productive of vexation. Has the production of that vexation his sole or principal object in view? the pleasure of contemplating that vexation the motive by which he was actuated? Here is the modification of malâ fides. But to keep clear of ambiguity, and lest a man whose object was no other than to gain /the benefit on/ a [...?] what he looked upon as his rights /due/ may not under the name of costs or any other name be punished or otherwise afflicted for it, malâ fides and not vexation is the mask on which the affliction ought to be stamped.
  • Title: [[...?] March 1807 Injustice Causes]
    Description: [...?] March 1807

    Injustice Causes?

    Letter V?

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    Frivolous and vexatious

    In the use of those eopithets a sort of division /class [...?]/ is implied, which if my humble conception of the matter should happen to be right will turn out to be ilusory, and productive of practical error upon a vert extensive scale. I will first submitt to Yuor Lordship the classification which presents /has presented/ itself to be one or the one for use, and from that should it really appear fit[?], any other, the one here in question included, will appear /be seen/ not to be so.

    When on any occasion it happens to a mans conduct to be unlawful or in any other respect blameworthy, either it appears to himself so to be, or it does not. The [...?] of this distinction and at the same time to its importance is a view to practice, all men have been more or less [...?], and in particular all legislators. Bring[?] the Remnants the source of it may be seen to have provided with more or less consistency the whole body of their jurisprudence, in particular the universal branch in which the occasions for calling it into action are most frequent. When the individual in question is regarded as being consiouc of the illegality blame-worthiness, impropriety of his conduct any one of these and divers other names /terms/ may alike serve, they speak of him as being in malâ fide - of his conduct as being tinctured[?] with malâ fide - or to use a word in still more frequent use with /[...?]/ the lawyers of that school with dolus[?].