out actual violence.
Moreover, I could have proved against young Peveril the whole affray
charged upon him by the same worshipful evidence."

Here the Judge stuck his thumbs into his girdle, which was a favourite
attitude of his on such occasions, and exclaimed, "Pshaw, pshaw, Master
Attorney!--Tell me not that you _could_ have proved that, or that, or
this--Prove what you will, but let it be through the mouths of your
evidence. Men are not to be licked out of their lives by the rough side
of a lawyer's tongue."

"Nor is a foul Plot to be smothered," said the Attorney, "for all the
haste your lordship is in. I cannot call Master Chiffinch neither, as
he is employed on the King's especial affairs, as I am this instant
certiorated from the Court at Whitehall."

"Produce the papers, then, Master Attorney, of which this young man is
said to be the bearer," said the Judge.

"They are before the Privy Council, my lord."

"Then why do you found on them here?" said the Judge--"This is something
like trifling with the Court."

"Since your lordship gives it that name," said the Attorney, sitting
down in a huff, "you may manage the cause as you will."

"If you do not bring more evidence, I pray you to charge the Jury," said
the Judge.

"I shall not take the trouble to do so," said the Crown Counsel. "I see
plainly how the matter is to go."

"Nay, but be better advised," said Scroggs. "Consider, your case is
but half proved respecting the two Peverils, and doth not pinch on
the little man at all, saving that Doctor Oates said that he was in
a certain case to prove a giant, which seems no very probable Popish
miracle."

This sally occasioned a laugh in the Court, which the Attorney-General
seemed to take in great dudgeon.

"Master Attorney," said Oates, who always interfered in the management
of these law-suits, "this is a plain an absolute giving away of the
cause--I must needs say it, a mere stoifling of the Plaat."

"Then the devil who bred it may blow wind into it again, if he lists,"
answered the Attorney-General; and, flinging down his brief, he left the
Court, as if in a huff with all who were concerned in the affair.

The Judge having obtained silence,--for a murmur arose in the Court when
the Counsel for the prosecution threw up his brief,--began to charge the
Jury, balancing, as he had done throughout the whole day, the different
opinions by which he seemed alternately swayed. He protested on his
salvation