left in legacy." He also
translated "messis sequitur sementem," with a fine simplicity, into "the
harvest follows the seed-time;" and "actor sequitur forum rei," he made
"the agent must be in court when the case is going on." Copies of the
book containing these gems are exceedingly rare, some malicious person
having put the author up to their absurdity.]
Still, for the honour of our country, it is possible to find a few
technicalities which would do no discredit to our neighbours. Where one
of them would bring a habeas corpus--a name felicitously expressive,
according to the English method, of civil liberty--an inhabitant of the
North, in the same unfortunate position, would take to running his
letters. We have no turbary, or any other easement; but, to compensate
us, we have thirlage, outsucken multures, insucken multures, and dry
multures; as also we have a soumin and roumin, as any one who has been
so fortunate as to hear Mr Outram's pathetic lyric on that interesting
right of pasturage will remember, in conjunction with pleasing
associations. To do the duty of a duces tecum we have a diligence
against havers. We have no capias ad faciendum (abbreviated cap ad fac),
nor have we the fieri facias, familiarly termed fi fa, but we have
perhaps as good in the in meditatione fugae warrant, familiarly
abbreviated into fugie, as poor Peter Peebles termed it, when he burst
in upon the party assembled at Justice Foxley's, exclaiming, "Is't here
they sell the fugie warrants?"[47]
[Footnote 47: There are two old methods of paying rent in Scotland--Kane
and Carriages; the one being rent in kind from the farmyard, the other
being an obligation to furnish the landlord with a certain amount of
carriage, or rather cartage. In one of the vexed cases of domicile,
which had found its way into the House of Lords, a Scotch lawyer argued
that a landed gentleman had shown his determination to abandon his
residence in Scotland by having given up his "kane and carriages." It is
said that the argument went further than he expected--the English
lawyers admitting that it was indeed very strong evidence of an intended
change of domicile when the laird not only ceased to keep a carriage,
but actually divested himself of his walking-cane.]
I am not sure but, in the very mighty heart of all legal formality and
technicality--the Statutes at large--some amusing as well as instructive
things might be found. Let me offer a guiding hint to the inve
|