JB/091/018/001

Click Here To Edit

18 March 1807

But And now, my Lord, as to the use – the practi
of this distinction – the practical use, but for which
believe me my Lord I should never have attempted
to pester Your Lordship with this or any other any such dry theory.
For in these our days, in the judgment of learned Lords and
Gentlemen, not to mention so many other venerable
personages, in whom gravity occupies the place in whose reverend minds gravity sits in the place of wisdom
a man who thinks and reasons before he acts is a
metaphysician, and being a metaphysician is thereby ipso facto a
Frenchman, a Jacobean, any an Atheist and a Papist
convict convert. In truth metaphysics, was the dry of Edmund Burke: said is for that term at any rate the of that most consummate of
rhetoricians, whose every word was a diamond was not to be doubted of.
Metaphysics is the term of reproach given to the discourse longings of every man
whose study it is to serve as a lay the basis for honest and beneficent
practice, to convey clear ideas. To The party man, the lawyer
the rhetorician the imposter in every shape, metaphysics
thus explained, or in other words clear and close reasoning
are odious, and for the same reason that lamps and lanterns are so to thieves.

But the use, my Lord, it is thus

Upon the mala fide appellant Your Lordship I beg Your Lordship's pardon, if this theory or this metaphysics
of such as such it must be dogmatized, the practical case is this.

Upon the learned Reformer's faithful and apparently neglected
friend the mala fide suitor, the remedy will not
operate: for either he will not pay the costs at all, or if he
does, it is because he finds it his interest so to do,
inasmuch as the appeal he determined and all charges paid
he will he should find himself a gainer by upon the ballance.

Upon the other sort of appellant, the appellant
who though he is in the wrong is not conscious of being
so, the remedy nostrum called costs will be equally alike imperative:
why? because, expecting to be declared in the right, he does not expect
to pay them. And under one or other of these two divisions
are included all persons upon whom the remedy if it were
good for any thing, would operate.

To be sure if there were no such persons who notwithstanding
whatever may be done towards the application of this remedy, composed
of terror of costs, would find themselves gainers by or deem it
their interest to persevere in an appeal if the groundlessness of which
they were conscious, there would be no such person as I have
taken the liberty to introduce to Your Lordship's learned
Reformer's notice under the name of mala fide suitors: but
presently a door shall fly open, and a chamber shown,
in which they may be seen revelling in crowds swarms, sucking
the blood of injured innocence.

Identifier: | JB/091/018/001 "JB/" can not be assigned to a declared number type with value 91.
Date_1	1807-03-18	Marginal Summary Numbering
Box	091	Main Headings	scotch reform
Folio number	018	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c12
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	29014
Box Contents