Wilson's Tales of the Borders and of Scotland, Volume 07
General
Wilson's Tales of the Borders and of Scotland, Volume 07
Scottish Borders (Scotland) -- Fiction
completely as if they had been natural-born subjects of this realm, and
was on the very eve of reaping the fruits of his patriotic labours--the
fame of a breeder of a new species of poultry, and the emoluments of a
vender or seller of the same to the farmers and bird-fanciers of the
kingdom--when David Drumwhussle, tenant of Craignockan, actuated by
_malice prepense_, or by envy, or by fear that his own breed of poultry
(of the common or dunghill species) would be displaced and superseded by
the other and superior kind, or by some other motive or feeling,
implying _dolus_, did stir up and excite his son, John Drumwhussle, for
whose acts and deeds--being a minor, and not _forisfamiliated_--he was
liable, to bring--_vi aut clam_--his the said David Drumwhussle's cock,
and his the said complainer's, into a pugnacious attitude and position,
and to instigate the same to mortal combat, whereby the said cocks
having engaged _secundum suam naturam_ in a lethal _duellum_, did fight
till his, the complainer's, was left in the field dead; that the primary
consequence of this premeditated act was, that the female was rendered
mateless, unproductive, and useless, insomuch as her cohabitation and
society with cocks of this country would never be the means of producing
the species of _gallus giganteus_; the secondary, that the complainer
was deprived of a source of legitimate gain; and the tertiary, that the
country of Great Britain lost the superlative advantage of an improved
breed of poultry.' Thae are the premises."
"An' fine premises they are," replied Guidyill. "Jobbit never laid an
egg mair certain o' producin a weel-feathered bird for the lawyers."
"Ye're richt, laird, sae far," replied Drumwhussle; "but ye've yet to
learn that it had twa yolks--twa law-pleas cam out o't. But ye'll hear.
I needna read the conclusion--a' in the ordinary form, ye
ken:--therefore it ought and should be found and declared, and so forth;
and that I should be decerned to pay twenty guineas as the value of the
cock, and damages sustained for the loss of his expected progeny."
"Weel, weel, the defences, the defences," cried the laird, in eager
expectation. "Ye wad state the defence on the merits first, I fancy, an'
then the preliminary ane."
Public-domain text, read in full here on John Shaqi.
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