They cannae
bring in James as art and part until they've brought in Alan first
as principal; that's sound law: they could never put the cart
before the horse."
"And how are they to bring in Alan till they can catch him?" says
I.
"Ah, but there is a way to evite that arrestment," said he. "Sound
law, too. It would be a bonny thing if, by the escape of one ill-
doer another was to go scatheless, and the remeid is to summon the
principal and put him to outlawry for the non-compearance. Now
there's four places where a person can be summoned: at his
dwelling-house; at a place where he has resided forty days; at the
head burgh of the shire where he ordinarily resorts; or lastly (if
there be ground to think him forth of Scotland) AT THE CROSS OF
EDINBURGH, AND THE PIER AND SHORE OF LEITH, FOR SIXTY DAYS. The
purpose of which last provision is evident upon its face: being
that outgoing ships may have time to carry news of the transaction,
and the summonsing be something other than a form. Now take the
case of Alan. He has no dwelling-house that ever I could hear of;
I would be obliged if anyone would show me where he has lived forty
days together since the '45; there is no shire where he resorts
whether ordinarily or extraordinarily; if he has a domicile at all,
which I misdoubt, it must be with his regiment in France; and if he
is not yet forth of Scotland (as we happen to know and they happen
to guess) it must be evident to the most dull it's what he's aiming
for.
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