25 June 1807

(3)

Letter V

II. Litigation

Concluding Observations

3. In the case where the Plff. is in malâ fide (his reliance being on the engines of iniquity made for him by Judge and C o and not upon false evidence) the tendency of the factitious expence upon the number of suits acts purely on the side of increase.

The intended wrongdoer is able to bear the expence of litigation, the intended sufferer by the intended wrong is seen or supposed to be unable, or so nearly unable as to be determinately unwilling to defend himself.

Here then he commences the suit at any rate according to the nature of his object and the success that attends him in the pursuit of it, he suffers it to terminate at an earlier stage or carries it on to the farthest possible. If his object be extortion, and that will content him, as soon as the Defendant consents to yield up the object of the Plaintiff's concupiscence, a period is put to the suit. But if the object be simple oppression for gratification of enmity, the suit runs on its course till the gratification be consummated.