30 May 1807

Letter V

II. Litig. prevent. & promot.

The malâ fide Appellant is the malâ fide suitor or litigant, arrived at that stage of his career at which judgment having been pronounced in a subordinate Court, the prosecution of his design requires that appeal, (i.e. complaint of injustice supposed to have been done in respect of such judgment by such subordinate Court, accompanied of course with a prayer for relief) be presented to a superordinate Court.

The malâ fide suitor is in any suitor who is conscious of not having right on his side.

Except in the comparatively rare case in which the hope of success is founded on the hope of a successful misrepresentation of the matter of fact - and that without any of that assistance which has been provided for him in so many shapes by means of the law of evidence. - the malâ fide suitor (your Lordship will see presently) is the mere creature of the law: the agent raised up and employed under the fee-gathering system by Judge and C o, as a necessary instrument for the gathering in their profits. What the Procuress and the Bully are to the Prostitute, the malâ fide Suitor is to the trading company, which has for its principal managing partner the fee-fed Judge.