Скачать книгу
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—‘”
