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A R G U M E N T S,

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D E CI SI O N

NS,

In

REMA R K A B LE CAS E S,

Before the High Court of JUSTICIARY, and

other SUPREME Courts, in SCOTLAND.

Collected by Mr MACL AURIN.

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Sit mihi fas audità loqui; ' sit nimine raestro
Pandere res vektor nocte et caligine mekfasor

É E IN B U'R, G H:
Printed for J. Bell, at Addison's Head, Edinburgh ;

And E. & C. DILLY, in the Poultry, London.

M D CCL X X IV.

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P R E F A C E.

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Y original intention was to publish only some few remarkable and leading cases, which I had either argued, or attend

ed to particularly. But it having been suggested, that I should extend my observation to a much greater number of criminal cases, I was soon convinced it would be proper to do so. In this country but few trials have been printed; no treatise of merit has yet'appeared on its criminal law; and it is irksome to search the record of the court of justiciary, the only source from which a knowledge of this law can be derived: I was persuaded, therefore, that such a collection would contribute not a little to the advancement of jurisprudence, and be useful also to many gentlemen not bred to the law, who are called upon by the constitution to serve as jurymen.

Besides, I was apt to believe it would be acceptable to many, not prompted either by profession or duty, to peruse it. Combats and struggles of all sorts afford entertainment to mankind. Hence

many amuse themselves with civil cases when a multiplicity of hard words do not put these beyond their comprehension. If so,

If so, criminal cases, few of which are unintelligible to any person of education, may justly claim a more general attention: for no sum of money, no portion of land, can give rise to a judicial contest, equally interesting with that in which the life or liberty of a man is at stake.

In consequence of these considerations, I relinquished my first fcheme, and resolved to adopt a number of criminal cases. As the work

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desire of rendering it complete. Hence this collection, instead of being miscellaneous, as was at first intended, is almost wholly occupied by cases that are all of one class: it corresponds not, therefore, exactly with the title; a defect that may perhaps be supplied by another volume, if this one meet with a favourable reception. From the same motive, I travelled through

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