第 4 节
作者:
青涩春天 更新:2021-02-27 03:00 字数:7495
scope and motive given for the contrivance and execution of many
extraordinary and daring crimes; by the long civil dissensions of
Scotland…by the hereditary jurisdictions; which; until 1748; rested
the investigation of crises in judges; ignorant; partial; or interested
…by the habits of the gentry; shut up in their distant and solitary
mansion…houses; nursing their revengeful Passions just to keep their
blood from stagnating…not to mention that amiable national qualification;
called the _perfervidum ingenium Scotorum;_ which our
lawyers join in alleging as a reason for the severity of some of our
enactments。 When I come to treat of matters so mysterious; deep;
and dangerous; as these circumstances have given rise to; the blood of
each reader shall be curdled; and his epidermis crisped into goose
skin。…But; hist!…here comes the landlord; with tidings; I suppose;
that the chaise is ready。''
It was no such thing…the tidings bore; that no chaise could be
had that evening; for Sir Peter Plyem had carried forward my landlord's
two pairs of horses that morning to the ancient royal borough
of Bubbleburgh; to look after his interest there。 But as Bubbleburgh
is only one of a set of five boroughs which club their shares for a
member of parliament; Sir Peter's adversary had judiciously watched
his departure; in order to commence a canvass in the no less royal
borough of Bitem; which; as all the world knows; lies at the very
termination of Sir Peter's avenue; and has been held in leading…strings
by him and his ancestors for time immemorial。 Now Sir
Peter was thus placed in the situation of an ambitious monarch; who;
after having commenced a daring inroad into his enemy's territories;
is suddenly recalled by an invasion of his own hereditary dominions。
He was obliged in consequence to return from the half…won borough
of Bubbleburgh; to look after the half…lost borough of Bitem; and the
two pairs of horses which had carried him that morning to Bubbleburgh
were now forcibly detained to transport him; his agent; his
valet; his jester; and his hard…drinker; across the country to Bitem。
The cause of this detention; which to me was of as little consequence
as it may be to the reader; was important enough to my companions
to reconcile them to the delay。 Like eagles; they smelled the battle
afar off; ordered a magnum of claret and beds at the Wallace; and
entered at full career into the Bubbleburgh and Bitem politics; with
all the probable ‘‘Petitions and complaints'' to which they were likely
to give rise。
In the midst of an anxious; animated; and; to me; most unintelligible
discussion; concerning provosts; bailies; deacons; sets of
boroughs; leets; town…clerks; burgesses resident and non…resident; all of
a sudden the lawyer recollected himself。 ‘‘Poor Dunover; we must
not forget him;'' and the landlord was despatched in quest of the
_pauvre honteux;_ with an earnestly civil invitation to him for the
rest of the evening。 I could not help asking the young gentlemen if
they knew the history of this poor man; and the counsellor applied
himself to his pocket to recover the memorial or brief from which he
had stated his cause。
‘‘He has been a candidate for our _remedium miserabile;_'' said
Mr。 Hardie; ‘‘commonly called a _cessio bonorum。_ As there are
divines who have doubted the eternity of future punishments; so the
Scotch lawyers seem to have thought that the crime of poverty might
be atoned for by something short of perpetual imprisonment。 After
a month's confinement; you must know; a prisoner for debt is entitled;
on a sufficient statement to our Supreme Court; setting forth the
amount of his funds; and the nature of his misfortunes; and surrendering
all his effects to his creditors; to claim to be discharged
from prison。''
‘‘I had heard;'' I replied; ‘‘of such a humane regulation。''
‘‘Yes;'' said Halkit; ‘‘and the beauty of it is; as the foreign fellow
said; you may get the _cessio;_ when the _bonorums_ are all spent…
But what; are you puzzling in your pockets to seek your only
memorial among old play…bills; letters requesting a meeting of the
Faculty; rules of the Speculative Society; syllabus' of lectures…all
* 'A well…known debating club in Edinburgh。'
the miscellaneous contents of a young advocate's pocket; which contains
everything but briefs and bank…notes? Can you not state a case of
_cessio_ without your memorial? Why; it is done every Saturday。
The events follow each other as regularly as clock…work; and one form
of condescendence might suit every one of them。''
‘‘This is very unlike the variety of distress which this gentleman
stated to fall under the consideration of your judges;'' said I。
‘‘True;'' replied Halkit; ‘‘but Hardie spoke of criminal jurisprudence;
and this business is purely civil。 I could plead a _cessio_
myself without the inspiring honours of a gown and three…tailed
periwig…Listen。…My client was bred a journeyman weaver…made
some little money…took a farm…(for conducting a farm; like driving
a gig; comes by nature)…late severe times…induced to sign bills with
a friend; for which he received no value…landlord sequestrates…
creditors accept a composition…pursuer sets up a public…house…fails
a second time…is incarcerated for a debt of ten pounds seven shillings
and sixpence…his debts amount to blank…his losses to blank…his
funds to blank…leaving a balance of blank in his favour。 There is
no opposition; your lordships will please grant commission to take
his oath。''
Hardie now renounced this ineffectual search; in which there was
perhaps a little affectation; and told us the tale of poor Dunover's
distresses; with a tone in which a degree of feeling; which he seemed
ashamed of as unprofessional; mingled with his attempts at wit; and
did him more honour。 It was one of those tales which seem to argue
a sort of ill…luck or fatality attached to the hero。 A well…informed;
industrious; and blameless; but poor and bashful man; had in vain
essayed all the usual means by which others acquire independence;
yet had never succeeded beyond the attainment of bare subsistence。
During a brief gleam of hope; rather than of actual prosperity; he
had added a wife and family to his cares; but the dawn was speedily
overcast。 Everything retrograded with him towards the verge of the
miry Slough of Despond; which yawns for insolvent debtors; and
after catching at each twig; and experiencing the protracted agony of
feeling them one by one elude his grasp; he actually sunk into the
miry pit whence he had been extricated by the professional exertions
of Hardie。
‘‘And; I suppose; now you have dragged this poor devil ashore;
you will leave him half naked on the beach to provide for himself?''
said Halkit。 ‘‘Hark ye;''…and he whispered something in his ear;
of which the penetrating and insinuating words; ‘‘Interest with my
Lord;'' alone reached mine。
‘‘It is _pessimi exempli;_'' said Hardie; laughing; ‘‘to provide for
a ruined client; but I was thinking of what you mention; provided
it can be managed…But hush! here he comes。''
The recent relation of the poor man's misfortunes had given him;
I was pleased to observe; a claim to the attention and respect of the
young men; who treated him with great civility; and gradually engaged
him in a conversation; which; much to my satisfaction; again
turned upon the _Causes C