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