10 Dec r 1807

Scotch Reform

Letter V

Ch.2. Utility

§.1. against local influences

But in that character its beneficial influence must naturally be small indeed in comparison of that which it exercises in the more efficacious though unappretiable (and in individual instances separately taken altogether undiscernible) character of a preventative.

If, notwithstanding the security thus afforded, in one suit out of a hundred, the decision receives a tinge from the influence of the morbific cause, that security removed, the same mischief might not unreasonably be expected to take place in at least ten suits out of the hundred. At present, the tendency to misdecision being kept under by the apprehension of exposure, the effect will naturally be confined to cases, that, having more or less of dubiousness in their complexion, present themselves as affording room for bonâ fida difference or mistake: take away this check, the efficacy of the morbific cause might not be prevented from extending itself to the clearest cases.

No case can be there[?] than those in which wilful disobedience to statute law has been manifested and [...?] [...?] manifested[?] by case by English Judges - Vol. Costs.[?]