date

10 Aug 1812 Evidence Introd
10 Aug 1812

Evidence Introd

Note

Introd

Ch Written first

Gilbert

Under the head of public records come the following sorts of evidence, ranged according to the intemation[?] above given in an order corresponding to their respective attitudes in the scale of probative force.

p.6 In the first place though without any [...?] title in large letters; come those records which according to him which are "the precedents of the administration of justice" P.6. and instruments[?] of justice i.e. the abovementioned indistinguishable compounds or reservoirs of truths and lies penned /indistinguishably [...?] together by nobody knows who and kept under the direction/ subject to the orders now seldom[?] [...?] if were technically subjected to the eyes of the Judges of a Westminster Hall Court. Then comes a series of other hands in the following order

1. Statutes. p.9. 2. Copies of all rules records under seal and not under seal p.11. 3. Copies sworn and office copies. p.7. 4. Records, Recoveries &c. p.21. 5. Verdicts, Evidence. p.31. 6. Writs. p.34. 7. Acts of Parliament. p.36. 8. Public matters not of Records, Chancery proceedings. p.41. 9. Bills in chancery. p.42. 10. Answers. p.43. 11. Affidavit. p.45 12. Comparison of Hands. p.47. 13. Voluntary Affidavit. p.49. 14. Depositions. p.52. 15. Decree. Sentence in the Spiritual Court. p.60. 16. Evidence. p. 61. 17. Of the proceedings in the Spiritual Court. p.63. 18. Wills. p.64.

19. The above being the list of sort of public evidence that are records, next comes the head intituled "of the Public matters that are not records". p.67.

20. These dispatched next comes in great letters with Deeds: p.70. which says he is only private evidence between party and party
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  • Title: [10 Aug 1812 Evidence Introd]
    Description: 10 Aug 1812

    Evidence Introd

    Note

    Introd

    Ch Written first

    Gilbert

    "To understand the true theory of evidence, we must consider two things

    First the several sorts of testimony.

    Secondly the force of testimony to prove the matter which is alledged.

    First of the several sorts of testimony, and that is again twofold.

    1. Written

    2. Unwritten

    Speaking of Written and Unwritten;

    In the first place (says he) we are to consider which of these two sorts of evidence is to be preferred in the scale of probability, when they stand in opposition to each other Cicero........ (says he) gives a handsome tune in favour of the unwritten evidence... p.4. whereupon comes the handsome tune. But the balance of probability (continues he) is certainly on the other side. p.5...... Therefore "continuation again therefore" we shall begin with the written evidence, that has the first place in the discourses of probability. Written evidence is again twofold viz.

    . Public

    2. Private, between party and party

    First public; and that is also twofold,

    1. Records.

    2. Matters of an inferior nature.

    And first of records. These are the memorials of legislature....."

    &c one above
  • Title: [10 Aug 1812 Evidence Introd]
    Description: 10 Aug 1812

    Evidence Introd

    Note?

    Introd

    Ch. 30 False theory Gilberts

    Gilbert

    "The design of the law is to come to rigid demonstration in matters of right - p.3. and there can be no demonstration of a fact without the best evidence that the nature of the thing is capable of; less evidence doth create best opinion and [...?] and does not leave a man the certain satisfaction that comes from demonstration." p.3.

    "Records..... are the memorials of the legislature, and of the King's Courts of Justice..... they are the proper diagrams for the demonstration of right"..... P.5.

    "If the question be whether certain land be the land of J.S. or J.N. and a record be produced whereby the land appears to be transferred from J.S. to J.N. ...... this is called knowledge by demonstration." p.2.

    ..... Report from others.....: is one step further from demonstration which is founded upon the view of our own senses; and yet there is that fate and credit to be given to the honesty and integrity of credible and disinterested witnesses attesting any fact under the solemnities and obligations of religion, and the dangers and penalties of perjury, that the mind equally aquiescent therein as on a knowledge by demonstration"..... P.3.

    Report from others is one step further from demonstration: as if a record, proof from which is, according to him demonstration itself over any thing but a report from others! Of this miraculous receptacle according to his conception of it, one property (it thus appears) then is - the being at a distance from itself.
  • Title: [11 Aug. 1812 Evidence Introd]
    Description: 11 Aug. 1812

    Evidence Introd

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    Ch. Written first

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    Of the truth of all [...?] singular the matters and things contained in a record is not the above statement proof sufficient and conclusive? At his entrance in one Inn of Court or Chancery let every votary of Thomas /limb of the law/ and again on the occasion of his being entered to the degree of barrister, and [...?] on the occasion of his being called to the degree of Serjeant.

    Meaning[?] a proper set of articles declaration of such In the being framed, let him apply to them his suscribing hand. Add to it /Is not this/ the sanction of an oath; is not even this enough, add to Commitation[?], to be read once, where at the Temple Church and Lincolns Inn Chapel, lasting damnation and excommunication said out heavy upon and excommunication upon any head that double of it.