The Waverley novels, by Sir Walter Scott, complete in 12 vol., printed from the latest English ed., embracing the author's last corrections, prefaces & notes.

THE HEART OF MID-LOTHIAN. 375
thing to hae to do wi' courts of law, unless it be to improve ane's knowledge and practique, by waiting on as a hearer; and touching this unhappy
affair of Effie - ye'll hae seen the dittay, doubtless?" He dragged out of
his pocket a bundle of papers, and began to turn them over. " This is no
it-this is the information of Mungo Marsport, of that ilk, against Captain
Lackland, for coming on his lands of Marsport with hawks, hounds, lyingdogs, nets, guns, cross-bows, hagbuts of found, or other engines more or
less for destruction of game, sic as red-deer, fallow-deer, capper-cailzies,
grey-fowl, moor-fowl, paitricks, heron, and sic like; he, the said defender,
not being ane qualified person, in terms of the statute sixteen hundred and
twenty-ane; that is, not having ane plough-gate of land. Now, the defences
proponed say, that non constat at this present what is a plough-gate of land,
whilk uncertainty is sufficient to elide the conclusions of the libel. But
then the answers to the defences, (they are signed by Mr. Crossmyloof, but
Mr. Younglad drew them,) they propone, that it signifies naething, in hoc
statu, what or how muckle a plough-gate of land may be, in respect the
defender has nae lands whatsoe'er, less or mair.'Sae grant a plough-gate'"
(here Saddletree read from the paper in his hand) "'to be less than the
nineteenth part of a guse's grass,' -(I trow Mr. Crossmyloof put in thatI ken his style,) —' of a guse's grass, what the better will the defender be,
seeing he hasna a divot-cast of land in Scotland? -Advocatus for Lackland
duplies, that nihil interest de possessione, the pursuer must put his case
under the statute'-(now, this is worth your notice, neighbour,) —' and must
show, formaliter et specialiter, as well as generaliter, what is the. qualification
that defender Lackland does not possess-let him tell me what a plough-gate
of land is, and I'll tell him if I have one or no. Surely the pursuer is bound
to understand his own libel, and his own statute that he founds upon. Titius
pursues Mcevius for recovery of ane black horse lent to Msevius - surely he
shall have judgment; but if Titius pursue Msevius for ane scarlet or crimson
horse, doubtless he shall be bound to show that there is sic ane animal in
rerum natura. No man can be bound to plead to nonsense —that is to say,
to a charge which cannot be explained or understood,' - (he's wrang there
-the better the pleadings the fewer understand them,) -' and so the reference unto this undefined and unintelligible measure of land is, as if a
penalty was inflicted by statute for any man who suld hunt or hawk, or use
lying-dogs, and wearing a sky-blue pair of breeches, without having'But I am wearying you, Mr. Deans, - we'll pass to your ain business, -
though this case of Marsport against Lackland has made an unco din in the
Outer-house. Weel, here's the dittay against puir Effi6:'Whereas it is
humbly meant and shown to us,' &c., (they are words of mere style,)' that
whereas, by the laws of this and every other well-regulated realm, the
murder of any one, more especially of an infant child, is a crime of ane
high nature, and severely punishable: And whereas, without prejudice to
the foresaid generality, it was, by ane act made in the second session of the
First Parliament of our most High and Dread Sovereigns William and
Mary, especially enacted, that ane woman who shall have concealed her
condition, and shall not be able to show that she hath called for help at the
birth, in case that the child shall be found dead or amissing, shall be deemed
and held guilty of the murder thereof; and the said facts of concealment
and pregnancy being found proven or confessed, shall sustain the pains of
law accordingly; yet, nevertheless, you, Effie, or Euphemia Deans' "
"Read no farther!" said Deans, raising his head up; " I would rather ye
thrust a sword into my heart than read a word farther!"
"Weel, neighbour," said Saddletree, "'I thought it wad hae comforted
ye to ken the best and the warst o't. But the question is, what's to'be
dune?" "
"Nothing," answered Deans firmly, "but to abide the dispensation that
the Lord sees meet to send us. Oh, if it had been His will to take the grey