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Scott, Walter, Sir, 1771-1832

"The Heart of Mid-Lothian, Volume 1"

'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.


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