date

27 Dec r 1806 Scotch Reform │ │ To
27 Dec r 1806

Scotch Reform │ │ To L d Grenville

Facienda

II. Registration

Difference in the nature and importance of the heads calling for registration corresponding to the difference between species and species of cause. Demand for registration least diversified and extensive in the instance of the two sorts of causes that are beyond comparison of most frequent occurrence: demands among causes affecting /concerning/ property of many on the score of debts on the ordinary grounds such as goods sold and delivered, money lent &c: among causes affecting /concerning/ person, common assaults (among causes generally referred to the most highly or next most highly priced class prosecution for theft, or other modes /species/ of depredation /predation/ against strangers transgression with or without threats or violence commissible by strangers)

Examples of basis on which the demand for registration is apt to be most diversified, most extensive and most important - causes concerning property in immoveables, and causes concerning condition in life, domestic or public. Condition of Husband, Wife Father, Son, Daughter Mother, Apprentice, Member of this or that Corporation - Occupant of this or that office, Civil, Military Ecclesiastical, Testamentary[?] Executor or other Trustee, and so forth. In these too may be some examples of the cases in which the interest is not apt to spread from the immediate parties to third persons, connected or not connected with the parties by any special tie.

[...?] & sale[?] &c.
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  • Title: [Dec r 1806 Scotch Reform │ │ To L]
    Description: Dec r 1806

    Scotch Reform │ │ To L d Grenville

    Facienda

    II. Registration

     therefore this to Facienda[?]

    Your L dp will smile to find an inquiry

    The smile will rise to laughter when

    It will be no bad joke after [...?] when L d Erskine will be thinking of a Committee for me[?] alone[?] &c

    For the purpose /On the occasion/ of the work part of which is designed to accompany this my humble address in the character of an appendix, as well as for the purpose /on the occasion/ of other works, occasion had presented itself for considering the subject of judicial registration

    Descriptions of persons to whose situation with relation to whose situation the entries[?] in question may be matter of necessity or use - Parties, Representatives and other persons connected with the parties by any special tie - third person (individuals) at large - the judge and the legislator.

    Purposes with reference to which it may be matter of useful /informative/ instruction to the legislator, to have the faculty of /it in his power to/ making himself acquainted with the facts /constituting the subject matter of the entries/ to be registered: notice of the quantity of delay, vexation and expence (vexation in all its different shapes and to the different descriptions of persons exposed to it from this source) produced in the course of each individual suit, and by what causes the influence, for the purpose of confining in each species of suit the quantity of collateral inconvenience within its narrowest bounds: nature of the evidence produced, and of the evidence of any rejected with the grounds of the rejection: for the purposes of offering /presenting throughout/ to the eye of the legislator a comprehensive and distinct view of the deception /design/ /probability/ and thence of misdecision as well as vexation in each case to the admission or the exclusion given to this evidence.
  • Title: [27 Dec r 1806 Scotch Reform │ │ To]
    Description: 27 Dec r 1806

    Scotch Reform │ │ To L d Grenville

    Facienda

    II. Registration

    Of theses topics in the character of heads for judicial registration I have ventured over this plan, and surrente[?] calamo[?], to save Your Lordship the trouble of turning or so much as off so far as even to the Appendix, to submitt to Your Lordship this trusty[?] /[...?]/ view.

    Believe me my Lord, that whatsoever may be their possible use, and the advantage /profit/, eventually derived from them, in their nature and import when once brought together and expressed there will be nothing that will pass /to surpass/ the ordinary sum of understanding that may reasonably and from experience be expected to be found in every hand /man/ capable of holding a subordinate pen in any judicial office: nothing in a word more abstruse than to be found among the heads /articles/ which form the matter of the Table of the natural causes of Complication and delay subjoined /that accompanies/ to the end of this Address.

    And now my Lord be pleased to compare with the list of these uses the uses that have been or could have been in [...?] with those in which the practice of compelling an extraction of the [...?], composed as above, originated: and the propriety and honesty there could be in [...?] at length whatsoever is capable of having been said by or on the behalf of both parties - all along without the smallest obligation to truth, and with the full benefit of the mendacity-licence: and this without any regard to the difference between cause and cause, and the difference in the demand respectively afforded for registration, according to the intimations /indications/ above submitted.
  • Title: [8 Nov 1803 Evidence Circumstantial]
    Description: 8 Nov 1803

    Evidence

    Circumstantial

    in general

    Continuation

    Another thing is that the greater the number of /is of the/ distinct facts that come to be deposed to, the greater the probability of different deposing witnesses, and the greater the probability that among them there will be some one or more whose relative situation would place him out of the reach of those causes of suspicion that will be apt to attach upon the witness to whose lot it falls to speak to the principal fact. In the case of injuries to individuals, to /To/ the principal fact the sort of deposing witness most sure to be met with is either the party injured, or some person connected by self-regarding interest or sympathy with the party injured: for example the party beaten, insulted, plundered, cheated: while among the infinitely diversified chain of evidentiary facts it will frequently perhaps frequently happen that there shall be one or more that have fallen under the cognizance of perfect strangers: the preparations, the declarations of intention, the threats, the consultations among the accomplices, the journeys to and from the spot, the clandestinity[?] of deportment, the confusion of mind, the silence in cases where innocence would have given birth to explanations for the purpose of doing[?] away suspicions suggested by observing eyes to enquiring lips - facts of this sort are liable to have found a variety of witnesses, many of them standing altogether clear of those suspicions of bias or mendacity which, as already observed, are so apt to attach upon the sort of witnesses to whom the perception /cognizance/ of the principal facts is so apt to have been confined.