A Summary of the Speeches, Arguments, and Determinations of the Right Honourable the Lords of Council and Session in Scotland, Upon That Important C

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1767. Excerpt: ... 1 qucntly abontthe person, and have the best opportunities to know. Accordingly, in the cause before us, you have clear and pointed evidence, by such persons, that Lady Jane Douglas was really pregnant. Her pregnancy, then, so clearly ascertained, is truly a proof of the delivery; because if she was pregnant, she must have been delivered. This therefore brings me to mention, that besides the proof I have noticed, there is a positive proof of the birth of the defendant, by two witnesses; 1 mean, Sir John Stewart and Mrs Hewit, both of whom were called as witnesses, not by the defendant, but by the plaintiffs. When to this is added the strong circumstances in the behaviour and conduct of Sir John and Lady Jane towards the defendant, what doubt can remain that he is really their son? Amongst a number of other circumstances, I shall mention these following. Their private correspondence strikes me strongly, and k rs not credible to me that all the scene therein exhibited could be dissimulation. It is the same thing in my view as if two alledged confederates in a crime had been overheard talking together in the very next room, and had we so'overheard them, breathing such strains of truth, sincerity and affection towards their sons, would we not believe it? But even supposing we should disbelieve this, could we carry the supposition so far as to believe. lieve, that Lady Jane would absolutely break her heart, and.die for love and affection to a child not really her own! And yet that grief for the death of her son Sholto was the more immediate cause of her death, is proved by the testimony of respectable witnesses. But still more, when I fee her in the pangs of death, pouring out her blessings on her then helpless son, the defendant, can humanity allow me to bel...