e 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