Letter from Sir David Dalrymple, Newhailes, to an unidentified recipient, 1782 April 18 : autograph manuscript signed.

Reporting, at length and in detail, his observations and explanations of Scottish law as he understands it as Presiding Judge, on the proceedings of two trials in capital cases in the Court of the Justiciary: the case of Robert Chambers & John Feagan for robbery and of Thomas Thompson for theft; adding that in both cases the jury found the defendants guilt but asked for leniency for each of the men; referencing specific documents of evidence that he is enclosing with the report; explaining "...to your Lordship some particulars respecting the law of Scotland. In Scotland, the Verdict of a Jury on the trial of crimes is a good Verdict, although not unanimous. every thing depends on Plurality of voices. But Juries are wont, in their verdicts to mention the state of their determination, whether it be 'all in one voice,' or 'by Plurality of voices.' Judges & lawyers have differed on the question, whether Theft be capital by the law of Scotland, tho capable of Being alleviated by particular circumstances, or not capital tho capable of being aggravated by particular circumstances so as to infer death? This controversy is, in a great measure, a dispute about words : & does not touch the present question. The following propositions, however, seem uncontroverted; at least they ought not to be controverted. First, that one Act of Theft aggravated by a forcible entry, is capital. Secondly, that three acts of Theft, whatever may be the value of the things stollen, infer a capital punishment. The value of the things stollen was proved in this case, because the Jury desired to be informed of it. Thirdly, that species of offence called Burglary in the law of England, & carefully limited or extended by that law, is not known in the practice of our Criminal Courts. At the same time, the distinctions made by the Jury, in their recommendation to mercy, will have whatever weight they deserve. With respect to 'the Prisoner's appearance of imbecillity & want of judgement' it is my duty to observe, that I know not what it is that the Jury allude to. The Prisoner, during the whole course of his trial, appeared to be greatly moved, & wept much. Most of the things stollen were produced in Court, having been found in his possession, & he heard the carpenters swear positively, each man to his own tools. In Scotland every part of a Prisoners defence is conducted by his counsel, as well in matters of fact as of law, so that the Court can have little opportunity of forming any judgement as to his intellectual abilities. I flatter myself that I have omitted nothing material in the account of the proceedings on either trial. I humbly submit this Report, with the writings annexed, to the consideration of His Majesty.