The Heart of Mid-Lothian, Complete by Walter Scott (best new books to read .TXT) 📖

toleration, patronages, and Yerastian prelatic oaths. As for the soul and body-killing Court o’ Justiciary—”

The habit of considering his life as dedicated to bear testimony in behalf of what he deemed the suffering and deserted cause of true religion, had swept honest David along with it thus far; but with the mention of the criminal court, the recollection of the disastrous condition of his daughter rushed at once on his mind; he stopped short in the midst of his triumphant declamation, pressed his hands against his forehead, and remained silent.

Saddletree was somewhat moved, but apparently not so much so as to induce him to relinquish the privilege of prosing in his turn afforded him by David’s sudden silence. “Nae doubt, neighbour,” he said, “it’s a sair 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, lying-dogs, nets, guns, cross-bows, hagbuts of found, or other engines more or less for destruction of game, sic as red-deer, fallow-deer, cappercailzies, grey-fowl, moor-fowl, paitricks, herons, 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 whatsoever, 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 that—I 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 Maevius for recovery of ane black horse lent to Maevius—surely he shall have judgment; but if Titius pursue Maevius 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 cue of Marsport against Lackland has made an unco din in the Outer House. Weel, here’s the dittay against puir Effie: ‘Whereas it is humbly meant and shown to us,’ etc. (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 head to rest before this awful visitation on my house and name! But His will be done. I can say that yet, though I can say little mair.”

“But, neighbour,” said Saddletree, “ye’ll retain advocates for the puir lassie? it’s a thing maun needs be thought of.”

“If there was ae man of them,” answered Deans, “that held fast his integrity—but I ken them weel, they are a’ carnal, crafty, and warld-hunting self-seekers, Yerastians, and Arminians, every ane o’ them.”

“Hout tout, neighbour, ye mauna take the warld at its word,” said Saddletree; “the very deil is no sae ill as he’s ca’d; and I ken mair than ae advocate that may be said to hae some integrity as weel as their neighbours; that is, after a sort o’ fashion’ o’ their ain.”

“It is indeed but a fashion of integrity that ye will find amang them,” replied David Deans, “and a fashion of wisdom, and fashion of carnal learning—gazing, glancing-glasses they are, fit only to fling the glaiks in folk’s een, wi’ their pawky policy, and earthly ingine, their flights and refinements, and periods of eloquence, frae heathen emperors and popish canons. They canna, in that daft trash ye were reading to me, sae muckle as ca’ men that are sae ill-starred as to be amang their hands, by ony name o’ the dispensation o’ grace, but maun new baptize them by the names of the accursed Titus, wha was made the instrument of burning the holy Temple, and other sic like heathens!”

“It’s Tishius,” interrupted Saddletree, “and no Titus. Mr. Crossmyloof cares as little about Titus or the Latin as ye do.—But it’s a case of necessity—she maun hae counsel. Now, I could speak to Mr. Crossmyloof—he’s weel ken’d for a round-spun Presbyterian, and a ruling elder to boot.”

“He’s a rank Yerastian,” replied Deans; “one of the public and polititious warldly-wise men that stude up to prevent ane general owning of the cause in the day of power!”

“What say ye to the auld Laird of Cuffabout?” said Saddletree; “he whiles thumps the dust out of a case gey and well.”

“He? the fause loon!” answered Deans—“he was in his bandaliers to hae joined the ungracious Highlanders in 1715, an they had ever had the luck to cross the Firth.”

“Weel, Arniston? there’s a clever chield for ye!” said Bartoline, triumphantly.

“Ay, to bring popish medals in till their very library from that schismatic woman in the north, the Duchess of Gordon.” *

* [James Dundas younger of Arniston was tried in the year 1711 upon charge of leasing-making, in having presented, from the Duchess of Gordon, medal