13 Jan y 1807

Appeal &c

Grounds - just /useful/ and reasonable grounds for the observance of appeal may be sought /found/ for in the nature of the cause /case/ suit/ but still they will be found referable to that causa sine quâ non of the property of the institution, relative unfitness on the part of the Judge.

These grounds may be comprised in three words: /comprehended under three heads:/

1. Difficulty of the cause

2. Importance of the cause

3. Danger of diversity in the decisions of different Judges in the same point: diversity from whence result on the part of the law[?] complication, uncertainty, incognoscibility, inefficiency i.e. incapacity of fulfilling /producing[?]/ the good purposes /effects/ of which if complied with, (which it can not be any further than as it is known) it might have been productive

The difficulty of the cause bears reference to the article of unskilfulness on the part of the Judge: no unskilfulness relative unskilfulness /intellectual weakness/ on the part of the Judge, no difficulty in the cause - nothing is hidden from /abstruse to/ omniscience: nothing is difficult to omnipotence.

Difficult or not difficult, the more important the cause, the greater the mischief of /from/ misdecision, supposing it to take place. To difficulty corresponds the probability of the mischief; to importance the magnitude of it.