PRIVATE

2 May 1807

H3 + D1

Superseded (1)

Letter V

Ch.12. Appeal list mutilated

§.4. Malâ bonâ fide

In the above figures and proportions may be deduced illustration for divers propositions antecedentally submitted to your Lordship, as well as instruction in other shapes not altogether devoid of use or interest.

Proportion as between the number of malâ fide Appeals and d o of bonâ fide Appeals - and this for England as well as Scotland - may not this, my Lord, be among the secrets worth knowing?

My Lord, for England, at any rate, for the three years period abovementioned, it is no longer a secret, nor has it been for these nine years.

The test lies in the distinction between Appeal not argued and argued. The appeal not argued, therefore in the part of the suitor himself by whom it is presented, presented without prospect of success: viz. so far as concerns the seeing the adverse decision reversed, or in his favour modified. Without prospect of success, then to what end presented? - Answer; for the sake of the profit by delay; that profit, of which so full a view has already been given in general terms, and of which a particular illustration will be submitted to Your Lordship presently.

The short account of the matter is - Appeals not argued, malâ fide appeals: appeals argued, bonâ fide Appeals.

The correct account would be (were the correction worth making) - Appeals not argued, all of them malâ fide Appeals to a certainty: Appeals argued the Appeals and the only ones among which bonâ fide ones in a number not ascertainable, would be to be found.