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.