CHAPTER XVII--THE LAW PLEA

The repair of the kirk was undertaken by contract with William Plane, the

joiner, with whom I was in terms at the time anent the bigging of a land

of houses on my new steading at the town-end. A most reasonable man in

all things he was, and in no concern of my own had I a better

satisfaction than in the house he built for me at the conjuncture when he

had the town's work in the kirk; but there was at that period among us a

certain person, of the name of Nabal Smeddum, a tobacconist by calling,

who, up to this season, had been regarded but as a droll and comical body

at a coothy crack. He was, in stature, of the lower order of mankind,

but endowed with an inclination towards corpulency, by which he had

acquired some show of a belly, and his face was round, and his cheeks

both red and sleeky. He was, however, in his personalities, chiefly

remarkable for two queer and twinkling little eyes, and for a habitual

custom of licking his lips whenever he said any thing of pith or

jocosity, or thought that he had done so, which was very often the case.

In his apparel, as befitted his trade, he wore a suit of snuff-coloured

cloth, and a brown round-eared wig, that curled close in to his neck.

Mr Smeddum, as I have related, was in some estimation for his comicality;

but he was a dure hand at an argument, and would not see the plainest

truth when it was not on his side of the debate. No occasion or cause,

however, had come to pass by which this inherent cross-grainedness was

stirred into action, till the affair of reseating the kirk--a measure, as

I have mentioned, which gave the best satisfaction; but it happened that,

on a Saturday night, as I was going soberly home from a meeting of the

magistrates in the clerk's chamber, I by chance recollected that I stood

in need of having my box replenished; and accordingly, in the most

innocent and harmless manner that it was possible for a man to do, I

stepped into this Mr Smeddum, the tobacconist's shop, and while he was

compounding my mixture from the two canisters that stood on his counter,

and I was in a manner doing nothing but looking at the number of

counterfeit sixpences and shillings that were nailed thereon as an

admonishment to his customers, he said to me, "So, provost, we're to hae

a new lining to the kirk. I wonder, when ye were at it, that ye didna

rather think of bigging another frae the fundament, for I'm thinking the

walls are no o' a capacity of strength to outlast this seating."

Knowing, as I did, the tough temper of the body, I can attribute my

entering into an argument with him on the subject to nothing but some

inconsiderate infatuation; for when I said heedlessly, the walls are very

good, he threw the brass snuff-spoon with an ecstasy in to one of the

canisters, and lifting his two hands into a posture of admiration,--cried,

as if he had seen an unco--

"Good! surely, provost, ye hae na had an inspection; they're crackit in

divers places; they're shotten out wi' infirmity in others. In short,

the whole kirk, frae the coping to the fundament, is a fabric smitten wi'

a paralytic."

"It's very extraordinar, Mr Smeddum," was my reply, "that nobody has seen

a' this but yoursel'."

"Na, if ye will deny the fact, provost," quo' he, "it's o' no service for

me to say a word; but there has to a moral certainty been a slackness

somewhere, or how has it happened that the wa's were na subjected to a

right inspection before this job o' the seating?"

By this time, I had seen the great error into the which I had fallen, by

entering on a confabulation with Mr Smeddum; so I said to him, "It' no a

matter for you and me to dispute about, so I'll thank you to fill my

box;" the which manner of putting an end to the debate he took very ill;

and after I left the shop, he laid the marrow of our discourse open to Mr

Threeper the writer, who by chance went in, like mysel', to get a supply

of rappee for the Sabbath. That limb of the law discerning a sediment of

litigation in the case, eggit on Mr Smeddum into a persuasion that the

seating of the kirk was a thing which the magistrates had no legal

authority to undertake. At this critical moment, my ancient adversary

and seeming friend, the dean of guild, happened to pass the door, and the

bickering snuff-man seeing him, cried to him to come in. It was a very

unfortunate occurrence; for Mr M'Lucre having a secret interest, as I

have intimated, in the Whinstone quarry, when he heard of taking down

walls and bigging them up again, he listened with greedy ears to the

dubieties of Mr Threeper, and loudly, and to the heart's content of Mr

Smeddum, condemned the frailty and infirmity of the kirk, as a building

in general.

It would be overly tedious to mention, however, all the outs and ins of

the affair; but, from less to more, a faction was begotten, and grew to

head, and stirring among the inhabitants of the town, not only with

regard to the putting of new seats within the old walls, but likewise as

to the power of the magistrates to lay out any part of the public funds

in the reparation of the kirk; and the upshot was, a contribution among

certain malecontents, to enable Mr Threeper to consult on all the points.

As in all similar cases, the parties applying for legal advice were

heartened into a plea by the opinion they got, and the town-council was

thrown into the greatest consternation by receiving notice that the

malecontents were going to extremities.

Two things I saw it was obligational on me to urge forward; the one was

to go on still with the reparations, and the other to contest the law-

suit, although some were for waiting in the first case till the plea was

settled, and in the second to make no defence, but to give up our

intention anent the new-seating. But I thought that, as we had borrowed

the money for the repairs, we should proceed; and I had a vista that the

contribution raised by the Smeddumites, as they were caller, would run

out, being from their own pockets, whereas we fought with the public

purse in our hand; and by dint of exhortation to that effect, I carried

the majority to go into my plan, which in the end was most gratifying,

for the kirk was in a manner made as good as new, and the contributional

stock of the Smeddumites was entirely rookit by the lawyers, who would

fain have them to form another, assuring them that, no doubt, the legal

point was in their favour. But every body knows the uncertainty of a

legal opinion; and although the case was given up, for lack of a fund to

carry it on, there was a living ember of discontent left in its ashes,

ready to kindle into a flame on the first puff of popular

dissatisfaction.

The Provost · 第 17 / 47 章