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Scott, Walter, Sir, 1771-1832

"The Heart of Mid-Lothian, Volume 1"

They wunna
fence the Court as they do at the Circuit--the High Court of Justiciary
is aye fenced.--But, Lord's sake, what's this o't--Jeanie, ye are a cited
witness--Macer, this lass is a witness--she maun be enclosed--she maun on
nae account be at large.--Mr. Novit, suldna Jeanie Deans be enclosed?"
Novit answered in the affirmative, and offered to conduct Jeanie to the
apartment, where, according to the scrupulous practice of the Scottish
Court, the witnesses remain in readiness to be called into Court to give
evidence; and separated, at the same time, from all who might influence
their testimony, or give them information concerning that which was
passing upon the trial.
"Is this necessary?" said Jeanie, still reluctant to quit her father's
hand.
"A matter of absolute needcessity," said Saddletree, "wha ever heard of
witnesses no being enclosed?"
"It is really a matter of necessity," said the younger counsellor,
retained for her sister; and Jeanie reluctantly followed the macer of the
Court to the place appointed.
"This, Mr. Deans," said Saddletree, "is ca'd sequestering a witness; but
it's clean different (whilk maybe ye wadna fund out o' yoursell) frae
sequestering ane's estate or effects, as in cases of bankruptcy. I hae
aften been sequestered as a witness, for the Sheriff is in the use whiles
to cry me in to witness the declarations at precognitions, and so is Mr.


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