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-LOTIIAN. 441
myloof says, rests on sma' authority. And he's cleckit this great muckle
bird out o' this wee egg! He could wile the very flounders out o' the Firth.
-What garr'd my father no send me to Utrecht? —But whisht, the court
is gaun to pronounce the interlocutor of relevancy."
And accordingly the Judges, after a few words, recorded their judgment,
which bore, that the indictment, if proved, was relevant to infer the pains
of law: And that the defence, that the panel had communicated her
situation to her sister, was a relevant defence: And, finally, appointed
the said indictment and defence to be submitted to the judgment of an
assize.
Most righteous judge! a sentence. - Come, prepare.
MERCHANT OF VENICE.
IT is by no means my intention to describe minutely the forms of a Scottish criminal trial, nor am I sure that I could draw up an account so intelligible and accurate as to abide the criticism of the gentlemen of the long
robe. It is enough to say that the jury was impanelled, and the case proceeded. The prisoner was again required to plead to the charge, and she
again replied, "Not Guilty," in the same heart-thrilling tone as before.
The crown counsel then called two or three female witnesses, by whose
testimony it was established, that Effie's situation had been remarked by
them, that they had taxed her with the fact, and that her answers had
amounted to an angry and petulant denial of what they charged her with.
But, as very frequently happens, the declaration of the panel or accused
party herself was the evidence which bore hardest upon her case.
In the event of these tales ever finding their way across the Border, it
may be proper to apprise the southern reader that it is the practice in Scotland, on apprehending a suspected person, to subject him to a judicial
examination before a magistrate. He is not compelled to answer any of
the questions asked of him, but may remain silent if he sees it his interest
to do so. But whatever answers he chooses to give are formally written
down, and being subscribed by himself and the magistrates, are produced
against the accused in case of his being brought to trial. It is true, that
these declarations are not produced, as being in themselves evidence properly so called, but only as adminicles of testimony, tending to corroborate
what is considered as legal and proper evidence. Notwithstanding this
nice distinction, however, introduced by lawyers to reconcile this procedure
to their own general rule, that a man cannot be required to bear witness
against himself, it nevertheless usually happens that these declarations
become the means of condemning the accused, as it were, out of their own
mouths. The prisoner, upon these previous examinations, has indeed the
privilege of remaining silent if he pleases; but every man necessarily feels
that a refusal to answer natural and pertinent interrogatories, put by
judicial authority, is in itself a strong proof of guilt, and will certainly
lead to his being committed to prison; and few can renounce the hope of
obtaining liberty, by giving some specious account of themselves, and showing apparent frankness in explaining their motives and accounting for their
conduct. It, therefore, seldom happens that the prisoner refuses to-give a
judicial declaration, in which, nevertheless, either by letting out too much
of the truth, or by endeavouring to substitute a fictitious story, he almost