Note X — PART II.
Edmund Goldsmid translation
"Habit and repute" is a very dangerous doctrine of the law of Scotland, at that time in full force, by which a man might be hanged altho' hardly any charge were exhibited against him, but that he had a bad character. For instance, if a man was charged with stealing a pair of old shoes, value threepence, and with being "habit and repute" a thief, if the jury found such indictment proved, or such prisoner guilty, the Court would by law be bound to sentence the prisoner to be hanged; if my temerity may be pardoned, for supposing that any such thing exists as a precise established rule of criminal law in Scotland.