21 Apr 1808

Letter V

[...?] Appeals

2 male fide

+Into[?] the case if male fides underlining[?] prospect of ultimate success

II. Remains for the proper object of prevention, in the stage of appeal, as in all proceding stages, malâ fide suits: male fide litigation, in both sides of the suit[?] most especially in the defendants as being the most natural suit of malâ fides the side on which malâ fides is most apt to attach itself. defence accompanied with neither[?] fides, that is unaccompanied with any prospect of ultimate success+, is not entered upon preserved in or entered[?] upon without prospect of some advantage. Ultimate success being by the supposition hopeless, remarks for the [...?] object, the advantages by delay. Take away this advantage altogether, defence /as/, whether at the stage of appeal, it will at any anterior stage as at the stage of appeal, cease of course. Leave any part of that advantage unremoved, malâ fide /so surely[?] [...?],/ defence will then at the stage of appeal, or at any other /[...?]/ stage, [...?] place or courtroom: To an eye which is not unwilling to see, nothing can be more [...?] [...?]: to unwilling eyes nothing is perceptible.

To a defendant /In the course/ of whom to the [...?] it is certain that he will turn subject to the [...?] of justice wherewithal to satisfy the demands of justice, if it be certain /matter of certainty/ that the whole of the advantage [...?] of being [...?] in any shape from delay will ultimately be taken from him, this certainly added to the expence and vexation in all other shapes attached to such unprofitable defence will according to the point of time at which the [...?] commences, is sufficient to prevent him from [...?] or [...?] in defence.