Now, about the period to which we refer, there came a new tenant to the

farm of Skimclean, which farm marched with the remnant of Mr Guidyill's

property. For some days after this person, whose name was Drumwhussle,

had taken possession of his new farm, the laird kept a sharp look-out on

his proceedings, in the hope that he would commit some trespass or

other, or perpetrate some encroachment, which would afford standing-room

for a quarrel; but, to the great disappointment of our amateur lawyer,

no such occurrence took place. In no single thing did, or would,

Skimclean offend. No; Skimclean would not throw even a stick on his

neighbour's grounds, of whose exact lines of demarcation he seemed to

have a most provokingly accurate knowledge. Losing all hope of his new

neighbour's giving any offence spontaneously--that is, through

ignorance, or involuntarily, or purposely, or in any way--Scouthercakes

determined on visiting him, in the desperate expectation that an

acquaintanceship might throw up something to quarrel with--that

familiarity might breed, not contempt, but dislike--that friendship

might give rise to enmity. This conduct of the laird's certainly seems

at first sight paradoxical; but a little reflection, especially if

accompanied also by a little experience of the world, will show that it

was not quite so absurd or so contradictory as it seems. On the

contrary, such reflections and experience would discover, in the laird's

intended proceeding, a good deal of philosophy, and a very considerable

knowledge of human nature. Be this as it may, Mr Guidyill determined on

paying his new neighbour, Skimclean, a visit; and this determination he

forthwith executed. The latter, whom he had never had the pleasure of

seeing before, he found to be a little, lively, volatile person, of

great volubility of speech; like himself, a prodigious snuffer; and like

himself, too, possessed of a very comfortable opinion of his own

knowledge and abilities. In another and still more remarkable point in

character they resembled each other closely. This last resemblance

involved a rather singular and certainly curious coincidence between the

dispositions of the two worthies, and one which the laird, when he

discovered it, viewed with a very strange mixture of feelings. What

these were, and what was their cause, will be best left to appear in the

progress of our narrative.

On Mr Guidyill's having introduced himself to his new neighbour, and

after a little desultory conversation on various subjects had taken

place, but chiefly on the merits and demerits of the lands of

Skimclean--

"Mr Drumwhussle," said the laird, planting his stick in the ground

before him, and looking with deep interest on some trees that grew in

front of Skimclean's house, "it's my opinion that ye ocht to cut down

thae sticks. They shut oot yer licht terribly, man, and tak up a great

deal o' valuable grun."

"Ah, ha, laird, catch me there," replied Drumwhussle, with a knowing

laugh. "The trees do a' the mischief ye say; but, do ye no ken, that,

being but a tenant, I hae nae richt to cut them, my power being only

owre the surface, and that, if I did cut them, I wad be liable to an

action o' damages by the laird, wha wad inevitably recover accordin to

law. A' tacks, ye ken, are granted, '_propter koorum et kultoorum_'[4]

(ye'll perceive the Latin), an' the fellin o' trees, without consent o'

the proprietor, wad be a direck violation. Na, na, I ken better how to

keep my feet out o' thae law traps than that, laird."

[Footnote 4: Propter curam et culturam.]

We wish we could describe the look of amazement with which the laird

listened to this extraordinary outpouring of law and Latin--this

flourishing of his own weapons in his face. He was perfectly confounded

with it. It was a thing so wholly unexpected and unlooked for, to meet

with so accomplished a lawyer as Drumwhussle seemed to be in one of his

own class and standing, that it was some time before he could say

another word on any subject whatever. He was evidently struck with a

feeling of mingled respect and awe for his learned neighbour, who, he

perceived, had decidedly the advantage of him in the article,

Latin--this being a language with which the laird was not at all

conversant. Another consideration occurred to the laird, even in the

moment of his first surprise. This was, that, should a difference arise

between them, he had found in his new neighbour a foeman worthy of his

steel; and that, should they remain friends, they might be of service to

each other as legal advisers.

In the meantime, the "interlockitor," as the laird would have called the

series of legal sentiments which Drumwhussle had just delivered, was far

beyond the reach of his comprehension. He did not understand a word of

it, and neither could anybody else, we suspect; but, careful of exposing

his ignorance--

"Aweel, Skimclean," he said, looking very gravely, "I'm no sure but

ye're richt, and it may be as weel, after a', to let the trees stan whar

they are; but there's a bit land there," pointing to a patch of about an

acre and a-half, which lay low on the side of a small stream, "that I

wadna advise ye to crap; for there's no a year that it's no three months

under water."

"Ah ha, laird, but that's a _pluskum_,"[5] replied the vivacious and

acute Skimclean; "a case whar the owner o' the land is liable to the

extent, at ony rate, o' remittin a year's rent. It's a _pluskum_,

laird--that's Latin," added Skimclean, who always gave such intimation

to his auditors when he employed that language; from a shrewd suspicion,

probably, that it would not otherwise be readily recognised in the very

peculiar shape in which he presented it.

[Footnote 5: Plusquam tolerabile.]

"Aweel, I daur say ye're no far wrang there either," replied the laird,

now perfectly overwhelmed with the legal knowledge of his new neighbour.

"I daur say ye're no far wrang there either, but it's best to be

cowshous;" and, having delivered himself of this safe and general

sentiment, the laird looked wiser than ever, and shook his head with an

air of great intelligence. Hitherto, Scouthercakes, as the reader will

have observed, had made no display of his legal acquirements. He had

been too much taken aback by the sudden and unexpected effulgence of

those of Skimclean; but it was by no means his intention to allow the

latter to remain in ignorance of them. Availing himself of an early

opportunity, he discharged a volley of law terms at Skimclean, in which

the words Rejoinder, Multiplepoinding, Reclaimer, and, above all, the

phrase, "Revise the Condescendence," sounded most audibly; the latter

being an especial favourite of the laird's, who used it on all

occasions, on all matters indifferently, and, as everybody but himself

thought, almost always in the most absurdly inappropriate cases and

circumstances.

The effect on Skimclean, again, of the discovery of the laird's legal

knowledge was pretty similar to that which the latter had experienced in

similar circumstances, only that there was in the case of Drumwhussle a

secret feeling of superiority over the laird, in the matter of intimacy

with the science of the law. He, in short, considered the laird's

knowledge respectable, but his own considerably more so. Now, the laird

also, after his first surprise at his neighbour's acquirements had worn

off a little, began to think Skimclean fully more apt and ready than

profound. He considered his own depth, on the whole, rather greater.

Each, thus, while certainly honouring the legal knowledge of his

neighbour, enjoyed, at the same time, the comfortable conviction that he

was the superior man.

Having thus come to an understanding regarding each other's character,

and this having given rise to a friendly feeling on both sides, their

interview terminated in Drumwhussle inviting his new acquaintance into

the house, to partake of a little refreshment--an invitation which the

latter graciously accepted; looking forward to a feast of quiet,

deliberate legal discussion with his learned friend.

On entering the house--indeed, previous to entering it--Mr Guidyill was

struck with the singular neatness and good order which everywhere

prevailed--a point on which his inviter prided himself, and so much

pleased was he with it, that he could not refrain from openly expressing

his approbation.

"A' accordin to law, Skimclean," he said, looking around him with a

complimentary air of satisfaction; "a' accordin to law, I see."

"Ay, ay," replied his host, perfectly understanding the laird's

metaphorical laudation, and smiling complacently; "we aye try to keep

things in as guid order as possible. I look after everything mysel, and

see that a's done as it should be. That's the true way, laird."

"Nae doot o't, nae doot o't," said the latter. "Naething like revisin

the condescendence, Skimclean--eh!" he added, with an intelligent look.

"Right there, laird," replied Drumwhussle, "as honest Donald Quirkum,

the writer, ance said to me whan I consulted him anent a point o' law,

in the case o' Drumwhussle _versus_ Camlachie. 'Drumwhussle,' said he,

'Drumwhussle'----But I'll tell ye a' about it presently, laird," said

Skimclean, suddenly interrupting himself, to perform the duties of

hospitality towards his guest; "step ben, step ben." And he ushered the

laird into a little sitting-room in the back part of the house.

"Now, laird, what wull ye drink?" inquired Drumwhussle. "Wull ye tak a

drap o' cauld straik, or wad ye hae ony objection to a warm browst?"

"Weel, if equally convenient, I'll vote for the toddy," replied the

laird.

"I second the motion," said Skimclean, now proceeding to a closet in a

corner of the room, from which he shortly emerged with his arms and

hands loaded with bottles, glasses, jugs, and decanters, and all the

other paraphernalia requisite for the occasion. These arranged on the

table, flanked by an enormous cheese, and hot water supplied from the

kitchen, Drumwhussle commenced brewing _secundum artem_; and having

produced the desiderated beverage, handed over half a glass to the

laird, for his opinion as to its merits. The laird tasted, gave a short

suffocating cough, and, speaking at such intervals as the stifling

affection afforded--

"Re-revise the--the con-condescendence, Skimclean. Revise the--the

condescendence. It's far owre strong."

"It micht hae a waur faut, laird," replied Drumwhussle, "an' it's ane

that's easy mended," he added, filling up the jug with hot water. "Taste

him now, laird."

"Accordin to law," replied the other, emphatically, after smacking off

the half-glass submitted to him. "Accordin to law at a' points as

accords. Just the thing now, Skimclean."

The liquor thus approved of was immediately subjected to the process of

consumption, which its merits were so well calculated to insure for it,

and this at such a rate that the consumers very soon began to exhibit,

in their own persons, rather curious specimens of the effect of strong

drink on the animal economy. They began to speak thick and fast, and

both at the same time; their conversation chiefly turning on the various

actions and law proceedings in which they had from time to time been

engaged.

It was during this confabulation that Skimclean informed his guest of a

certain law-plea in which he was at the moment involved, and in which he

was ably supported by the astute Donald Quirkum, already alluded to.

"The case, ye see," said Skimclean, "the case, ye see, my frien, is jist

this:--In the place whar I was last, Craignockan, ane o' my laddies had

a bit gemm cock, a bit steeve fechtin wee beastie, yea, a deevil o' a

cratur. Aweel, ye see, it happened that our neebor the schulemaster had

anither, o' whilk he was sae proud that he seemed to think mair o't than

o' his wife. It was beyond a' doot a wonderfu' bird. His son brought

it--so at least he said--frae Sumatra, in the East Indies--something o'

the jungle-cock, or Jago cock species, _gawlus giganteus_[6] ye

ken--ye'll maybe no understand the Latin."

[Footnote 6: Gallus giganteus.]

"Deel an' it may choke ye, as the _gallows_ has dune mony a better man!"

interrupted the laird. "Purge the record o' a' bad Latin! Ha! ha!

Drumwhussle, I ken guid Latin frae dog-Latin or cock Latin, just as weel

as ye do. Purge the record, man, I say."

"Let me alane, man," replied Drumwhussle, impatiently; "ye interrupt my

story wi' your scraps o' misapplied learning. You should never insinuate

an ill motive in English. Do ye no ken lawyers never use the words 'bad

intention' in designating vice: they veil a' enormities in Latin--for

the craturs are sae pure an' delicate-minded that they couldna bear the

expression o' man's frailties in the vulgar tongue; _maelice

prepense--maelice prepense_ is the term you should hae used, man. But

letten that slip gang--for I excuse ignorance whar knowledge is so

difficult o' attainment--the cocks were brought face to face, an', like

true lawyers, they closed--no the record, for the craturs despised a'

condescendence o' grievances; they fought upon the mere libel an'

defence: a craw on each side _vivy vocey_; and till't they gaed wi' a

pluck seldom witnessed out o' the Parliament House. The upshot may be

easily predicted: weight, substance prevailed just as in the courts o'

justice--the 'midden,' a pound heavier than the Sumatra jungle-cock,

killed his opponent in five minutes; and Jock, lifting up the victor,

that crew a noble triumph in his arms, hurried awa, an' left the

dominie's cock lying a mere _kappit mortum_--like an interlocutor that's

allowed to become feenal because nae man can mak either head or tail

o't--on the ground, a corp, or, as Quirkum ca'ed it, a _corpus

delichtfu_."[7]

[Footnote 7: Corpus delicti.]

"Capital, capital," cried the laird. "We'll hae a plea, I hope, on the

ground o' damage. A better case for 'plucking' never came before the

fifteen."

"Ay, and that wi' a vengeance," resumed Drumwhussle. "Though the cock's

plea was feenal, a _sleeping_ or _dead case_, as lawyers ken, may

produce twenty living anes. The dominie valued his cock at the price o'

twenty guineas; he was to have been the _pawter_ o' a new breed (he

said) that he intended to produce in Scotland; an' the expense o'

bringing him frae Sumatra alane was at least the half o' that sum. Like

a sturdy litigant--gemm to the heels--I resisted the demand o' damage,

an' took my ground on the instant--alleging _preemo_, that the cocks

fought _sowy sponty_;[8] and, _secundo_, that the slaughtered cock was a

mere 'blue ginger;' and thus throwing the _onus_ o' proving the contrary

on the back o' the dominie."

[Footnote 8: Sua sponte.]

"A noble device," shouted the laird; "famous pleas in law. Even Corporal

Jooris[9] himsel could na hae ta'en his position better. But proceed,

proceed. I'm deein to hear the issue. Oh, that that plea had been mine!

The chancellor's wig wad hae bobbit owre't; for they say there's nae

stoure in it, as in the mealy, muddy _scratches_ in our Parliament

House. Come awa wi' the soul-stirring intelligence."

[Footnote 9: Corpus juris.]

"Ay, an' _pouch_-stirring too," rejoined Drumwhussle. "Weel, the dominie

was as guid gemm as his cock, an' awa he hied to Paisley, an' put the

case into the hands o' that clever deevil o' a cratur Jobbit, who,

_instanter_, sent me a summons, containing a preamble o' nineteen pages,

an' a conclusion o' three--seventy-five words a-page, according to my

calculation. I declare the screed made my vera een reel, it was sae

masterfully Latineezed, turned, interwoven, an' crammed wi' 'saids' and

'foresaids.' It set forth the said dominie as 'greeting' to the sheriff

for the loss o' his cock--a maist cunning an' loyal device o' Jobbit's,

wha dootless had an ee to the case going before the depute, an' then it

went on to narrate" (Drumwhussle drew out a copy of the summons) "that

'the complainer had commissioned the said bird or cock--along with a

female--which was of the species _gallus giganteus_, from the island of

Sumatra, where it is known by the natives of that island by the

scientific, or vulgar, or common appellative of _ayam bankiva_--all as

appeareth from Temmink's History of Cocks--and that the complainer's

intention or object, in so commissioning the said birds from that

distant region, was, that he might introduce into our country the

breed, which was supposed to be more full of blood and spirit than our

own breed of poultry, and had, moreover, the advantage of producing more

eggs--insomuch as the female laid all the year through, while the flesh

was whiter and more highly-flavoured, approaching, in this respect, to

that of the pheasant; that the expense of bringing the said birds from

Sumatra was ten guineas sterling; that the complainer had, by dint of

great ingenuity and perseverance, got the said birds naturalised as

completely as if they had been natural-born subjects of this realm, and

was on the very eve of reaping the fruits of his patriotic labours--the

fame of a breeder of a new species of poultry, and the emoluments of a

vender or seller of the same to the farmers and bird-fanciers of the

kingdom--when David Drumwhussle, tenant of Craignockan, actuated by

_malice prepense_, or by envy, or by fear that his own breed of poultry

(of the common or dunghill species) would be displaced and superseded by

the other and superior kind, or by some other motive or feeling,

implying _dolus_, did stir up and excite his son, John Drumwhussle, for

whose acts and deeds--being a minor, and not _forisfamiliated_--he was

liable, to bring--_vi aut clam_--his the said David Drumwhussle's cock,

and his the said complainer's, into a pugnacious attitude and position,

and to instigate the same to mortal combat, whereby the said cocks

having engaged _secundum suam naturam_ in a lethal _duellum_, did fight

till his, the complainer's, was left in the field dead; that the primary

consequence of this premeditated act was, that the female was rendered

mateless, unproductive, and useless, insomuch as her cohabitation and

society with cocks of this country would never be the means of producing

the species of _gallus giganteus_; the secondary, that the complainer

was deprived of a source of legitimate gain; and the tertiary, that the

country of Great Britain lost the superlative advantage of an improved

breed of poultry.' Thae are the premises."

"An' fine premises they are," replied Guidyill. "Jobbit never laid an

egg mair certain o' producin a weel-feathered bird for the lawyers."

"Ye're richt, laird, sae far," replied Drumwhussle; "but ye've yet to

learn that it had twa yolks--twa law-pleas cam out o't. But ye'll hear.

I needna read the conclusion--a' in the ordinary form, ye

ken:--therefore it ought and should be found and declared, and so forth;

and that I should be decerned to pay twenty guineas as the value of the

cock, and damages sustained for the loss of his expected progeny."

"Weel, weel, the defences, the defences," cried the laird, in eager

expectation. "Ye wad state the defence on the merits first, I fancy, an'

then the preliminary ane."

"The cart afore the horse, ye fule!" answered Drumwhussle, chuckling. "I

despised a' dilatory pleas, man: I cam to the marrow at ance, an'

instructed my agent, Mr Kirkham, or Quirkum, as he is generally styled,

for his exquisite adroitness an' cleverness, to use the very highest

flicht o' his inventive fancy--to consult Erskine an' Stair, an' even

Corporal Jooris--to dive into the Roman Pawndecs[10]--the deegest--the

discreets--every authority, in fack, he could think o'--no forgetting

Cock on Littletun; and send me a draft o' the defences _siny mory_.[11]

He did so, and oh, such a beautiful invention! They set forth, as a kind

o' flourish afore the real tug o' the tournay, that the libel was a big

lee frae beginning to end; that the pursuer's cock was, even in his ain

showing, an alien cratur, an' no entitled to the richts o' natural-born

subjects; that he interfered wi' the queens o' the seraglio o' my winged

potentate--making love to them, crawing to them, an' displaying his

gaudy wings to them, as if he were lord o' a' the feathered creation;

that the defender's cock, acting upon the weel-ascertained richt o'

defending conjugal property, slew him, on the strength o' the English

case, Jenkins _versus_ Lovelace, where a husband was found justified in

taking the life o' ane wha made love to his wife. In the second place,

it was denied _simpleeciter_ that the cock was o' the species _gawlus

giganteus_, being a mere 'blue ginger'--worth five shillins--o' the auld

breed o' Scotland, whilk cam frae the stock named by the Greek

play-writer, Mr Arrantstuffanes, 'the Persian bird.' We thus threw the

hail _onus proovandy_ on the back o' the dominie, an', by my faith, he

fand the weight o't!"

[Footnote 10: Pandects.]

[Footnote 11: Sine mora.]

"A noble defence--jist exactly what I wad hae written," ejaculated

Guidyill, in ecstasy. "Weel, ye wad revise the condescendence after

that, I fancy?"

"Before it was written, man?" responded Drumwhussle. "Na, na; ye ken

little aboot thae things. The dominie was ordered to condescend on what

he undertook, and offered to prove in support o' his libel, then we

answered, then he revised, then we revised, then he re-revised, then we

re-revised, then he made an addition, which we answered by a

corresponding addition, equal to a re-re-revision."

"Hurrah!" cried Scouthercakes.

"Then the record was purged, then closed, an' then we set to

proving--for the proof was conjunk and confident--wi' a' the spirit o'

the cocks themselves. Oh, it was gran' sport! The dominie brought twa

witnesses frae Lunnon, to swear to the cock having been brought frae

Sumatra; an' I brought frae Dumbarton, where the best cock mains in a'

Scotland are fought, twa cock-fanciers wha had seen the dominie's bird,

to swear that it was a 'blue ginger;' then there was sic proving, and

counter-proving, witness against witness; the dominie's servant swearing

to the instigation practised by Jock, my bothie men swearing an _aliby_;

valuators for the dominie fixing ae value, and valuators by me fixing

anither, till I fancy there were nae fewer than fifteen witnesses

a-side."

"Famous, famous!" cried the laird; "what a glorious main! Never was sic

a cocking sin the match in 1684, between Forfarshire and the Loudons.

You would be decreetit favourably, beyond a' doubt."

"Mr Guidyill," answered Drumwhussle, taking up his glass, "I was cast in

fifteen guineas, an' a' expenses."

"Gran'!" exclaimed the laird--"gran'! Jist as bonny a plea as a man

could wish. Ye protested an' appealed."

"I gaed straught to my agent, Quirkum," continued Skimclean, "and stated

the case to him, expressin, at the same time, my determination no to

submit to the iniquitous decision o' the sheriff. Aweel, what did Mr

Quirkum say or do, think ye, on my expressin mysel this way? He never

spak, but, gruppin me by the haun, looked in my face, an', after a

minnit, said, 'Drumwhussle, ye're a man o' spirit, an' I honour ye

for't. Ye've just now come oot wi' sentiments that do ye the highest

credit. I'll manage your case for ye, Drumwhussle. I'll let the dominie

hear such a cock crawin as he never heard in his life before.' Aweel, ye

see, we had the cock flappin his wings in the Court of Session in a

jiffy. And as bonny a case it was, so Mr Quirkum said, as ever he had

the haundlin o' in his life. Seemly in a' its bearins, he said, and as

clean's a leek on our side, a' as ticht an' richt as legal thack and

rape could mak it. But deil may care--wad ye believe it?--it was gien

against us here, too, cast wi' a' expenses. There was a dish o'

cockyleeky for ye, laird--cast wi' a' expenses!--an' they war nae

trifle, as ye may weel believe; for yon lawyer folk dinna live on muslin

kail."

The laird shook his head with a concurring emphasis, whose force of

expression was greatly increased by certain pungent reminiscences of his

own disbursements in this way.

"Aweel, there we are, ye see," continued Drumwhussle; "but we're no beat

yet. I'll hae't to the House o' Lords, laird, if I should pawn my coat

for't." And he struck the table with his fist, in token of his high

determination, till jugs and glasses rang again.

Delighted with his host's beautiful spirit of litigation, the laird, in

a corresponding fit of enthusiasm, got up from his seat with a full

bumper in one hand, and, extending the other across the table towards

Skimclean--

"Your haun, Drumwhussle," he said, briefly, but with great emphasis.

"Your haun, my frien. I honour ye--I respeck ye for thae sentiments."

Saying this, he grasped the extended hand of his host, who had risen to

meet his advances, shook it cordially, tossed off the contents of his

uplifted glass to his success in his law-plea, and concluded with a

piece of advice.

Wilson's Tales of the Borders and of Scotland, Volume 07 · 第 9 / 21 段