The Heart of Mid-Lothian, Complete. Вальтер Скотт

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—‘”

      1

      Note A. Author’s connection with Quakerism.

      2

      [Note B. Tombstone to Helen Walker.]

      3

      His honour Gilbert Goslinn of Gandercleugh; for I love to be precise in matters of importance.—J. C.

      4

      [A well-known debating club in Edinburgh.]

      5

      The Lord Provost was ex-officio commander and colonel of the corps, which might be increased to three hundred men when the times required it. No other drum but theirs was allowed to sound on the High Street between the Luckenbooths and the Netherbow.

      6

      [Robert Fergusson, the Scottish Poet, born 1750, died 1774.]

      7

      This hook was to enable the bearer of the Lochaber-axe to scale a gateway, by grappling the top of the door, and swinging himself up by the staff of his weapon.

      8

      This ancient corps is now entirely disbanded. Their last march to do duty at Hallowfair had something in it affecting. Their drums and fifes had been wont on better days to play, on this joyous occasion, the lively tune of “Jockey to the fair;” but on his final occasion the afflicted veterans moved slowly to the dirge of “The last time I came ower the muir.”

      9

      The signatures affixed to the death-warrant of Captain Porteous were— Andrew Fletcher of Milton, Lord Justice-Clerk. Sir James Mackenzie, Lord Royston. David Erskine, Lord Dun. Sir Walter Pringle, Lord Newhall. Sir Gilbert Elliot, Lord Minto.

      10

      There is a tradition, that while a little stream was swollen into a torrent by recent showers, the discontented voice of the Water Spirit was heard to pronounce these words. At the some moment a man, urged on by his fate, or, in Scottish language, fey, arrived at a gallop, and prepared to cross the water. No remonstrance from the bystanders was of power to stop him—he plunged into the stream, and perished.

      11

      [Maitland calls it Best’s Wynd, and later writers Beth’s Wynd. As the name implies, it was an open thoroughfare or alley leading from the Lawnmarket, and extended in a direct line between the old Tolbooth to near the head of the Cowgate. It was partly destroyed by fire in 1786, and was totally removed in 1809, preparatory to the building of the new libraries of the Faculty of Advocates and writers to the Signet.]

      12

      A nobleman was called a Lord of State. The Senators of the College * of Justice were termed Lords of Seat, or of the Session.

      13

      [Close-head, the entrance of a blind alley.]

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      Wide is the fronting gate, and, raised on high, With adamantine columns threats the sky; Vain is the force of man, and Heaven’s as vain, To crush the pillars which the pile sustain: Sublime on these a tower of steel is reard.

      15

      A near relation of the author’s used to tell of having been stopped by the rioters, and escorted home in the manner described. On reaching her own home one of her attendants, in the appearance a baxter, a baker’s lad, handed her out of her chair, and took leave with a bow, which, in the lady’s opinion, argued breeding that could hardly be learned at the oven’s mouth.