12 May 1808

I. Reasons

Ch.V. Advantages

§.9. Malâ Fide demands ousted.

Ch.V.

§.9. Malâ fide demands excluded in great measure.

Such is among the effects the production of which in Ch.V. §.3. {Certainty} is stated as proper to be aimed at: aimed at, and by the means therein brought to view. viz. by the interest which under the proposed arrangements the plaintiff would have in rendering his statements as explicit and to the defendant as instructive as the nature of the case on each individual occasion happens to allow: by the proposed and not uncustomary oath or solemn declaration not of sincerity a general terms, for that would be but grimace and perjury, but of his belief as attached to the several particulars therein stated by him, and the inconvenience which would fall upon him of course, if for want of sufficient correctness - particularly on his side, the Defendant should at the hearing be obliged to apply for, and should accordingly obtain, an adjournment.

In England, if in that kingdom lay the scene, the title of this result to the character of an advantageous one would be in no small degree precarious.

In England the emoluments of many a man in high authority, and amongst others of the several dignitaries of the law, depend in no small degree upon the number of suits and consequently of demands. But a malâ fide demand is a demand: consequently by every malâ fide demand struck off, were such a thing endurable, a proportionable part of the reward allotted to exalted merit, in this and that exalted station, would be struck off. Without adequate compensation such a defalcation would scarcely not be endurable, in the eye either of prudence or of justice, with such compensation it would not be endurable in the eye of a man of finance, regarding as usual no injury to justice as a price too great to pay for personal case[?].