[168-189v]

25 Dec r 1806

Scotch Reform To L d Grenville

To Refd.[?] ev

Letter V

Review Chamber

In the encouragement provided by /held out to/ the technical system for the malâ fide defendant, two branches may again be distinguished: the one consists in the chance of ultimate success, whether by deposition of evidence, or by disabling or delivering the plaintiff from persisting /persevering/ in his demand: the other consists in the advantage /benefit/ of staving off the time for delivering up the matter in dispute. The former of these encouragements is quo[?] abito[?] to the plaintiff's and the defendant's side /both sides of the cause/: the latter is peculiar to the defendant's side. The former is matter of contingency; the latter is certain and indefensible.

In the great majority of causes that here come before your Lordships /the House of Lords/, the matter in dispute is wholly or in part pecuniary, property in whatever shape, included. In this case the nature of the certain part of the benefit of delay is presented to view in the clearest terms, /at once in the clearest light,/ by the [...?]-interest of money.

In this case the value of the contingent part of the benefit receives the small income from the certain /assured/ /secure/ part: plaintiff in the right, defendant in the wrong, and knowing himself to be so, fights him off with his own money.