The Expedition of Humphry Clinker

206 TOBIAS SMOLLETT
concurrence; in which case the verdict is unjust, and the jurors are
all perjured: but cases will often occur, when the jurors are really
divided in opinion, and each side is convinced in opposition to the
other; but no verdict will be received, unless they are unanimous,
and they are all bound, not only in conscience, but by oath, to
judge and declare according to their conviction.—What then will
be the consequence?—They must either starve in company, or one
side must sacrifice their conscience to their convenience, and join
in a verdict which they believe to be false. This absurdity is avoided
in Sweden, where a bare majority is sufficient; and in Scotland,
where two-thirds of the jury are required to concur in the verdict.
You must not imagine that all these deductions were made on
his part, without contradiction on mine.—No—the truth is, I
found myself piqued in point of honour, at his pretending to be so
much wiser than his neighbours.—I questioned all his assertions,
started innumerable objections, argued and wrangled with un-
common perseverance, and grew very warm, and even violent, in
the debate.—Sometimes he was puzzled, and once or twice, I
think, fairly refuted; but from those falls he rose again, like
Antæus, with redoubled vigour, till at length I was tired, exhausted,
and really did not know how to proceed, when luckily he dropped
a hint, by which he discovered he had been bred to the law; a con-
fession which enabled me to retire from the dispute with a good
grace, as it could not be supposed that a man like me, who had been
bred to nothing, should be able to cope with a veteran in his own
profession. I believe, however, that I shall for some time continue
to chew the cud of reflection upon many observations which this
original discharged.
Whether our sister Tabby was really struck with his conversa-
tion, or is resolved to throw at every thing she meets in the shape of
a man, till she can fasten the matrimonial noose, certain it is, she
has taken desperate strides towards the affection of Lismahago,
who cannot be said to have met her half way, tho’ he does not seem
altogether insensible to her civilities.—She insinuated more than
once how happy we should be to have his company through that
part of Scotland which we proposed to visit, till at length he plainly
told us, that his road was totally different from that which we intended
to take; that, for his part, his company would be of very little ser-
vice to us in our progress, as he was utterly unacquainted with the
country, which he had left in his early youth; consequently,