The Speeches And Judgement of the Right Honourable the Lords of Council And Ses

Cover The Speeches And Judgement of the Right Honourable the Lords of Council And Ses
The Speeches And Judgement of the Right Honourable the Lords of Council And Ses
Scotland Court of Session
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But I do hold thin to be a fundamental principle of a right judgement in the cafe, That the defender can- not be deprived of ins birth-right, cftablifhed by acknowledgement of parents and long poilcfilon, without the moft clear and conclu- live prools. There mult be no uncertainty, room for computation of chances, with winch the purlucrs have entertained us; it mud L O II D G ARDENSTO U N. 293 muft not be a dark cafe; it muft be a clear cafe.
Tins proportion, which appears to me of great import
...ance in the prefent cafe, and in all qucftions of this nature, fecms to be founded equally on the plain principles of . Humanity, of expediency, and upon the ge- neral principles of law and of juftice, as well lib the particular and direct authorities of law- yer;, which I will not repeat from the de- fendei "s information.
That it is founded on the principles of humanity, every human breaft muft feel, when the prefent cafe is confidered. It is no misfortune to be born in meannefs or pover- ty of circumftances ; the world is all before inch men, where to buftle and advance them- felvcs; and in my mind, he is more an object oi envy, he enjoys life better, who raifes himfelf h) gradual and uncertain ftcps, hewlio advan- ce.


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