Redgauntlet [85]
as mercers and linendrapers, in the Luckenbooths, and carried on a great line of business to mutual advantage. But the learned counsel needeth not to be told, SOCIETAS EST MATER DISCORDIARUM, partnership oft makes pleaship. The company being dissolved by mutual consent, in the year --, the affairs had to be wound up, and after certain attempts to settle the matter extra-judicially, it was at last brought into the court, and has branched out into several distinct processes, most of whilk have been conjoined by the Ordinary. It is to the state of these processes that counsel's attention is particularly directed. There is the original action of Peebles v. Plainstanes, convening him for payment of 3000l., less or more, as alleged balance due by Plainstanes. Secondly, there is a counter action, in which Plainstanes is pursuer and Peebles defender, for 2500l., less or more, being balance alleged per contra, to be due by Peebles. Thirdly, Mr. Peeble's seventh agent advised an action of Compt and Reckoning at his instance, wherein what balance should prove due on either side might be fairly struck and ascertained. Fourthly, to meet the hypothetical case, that Peebles might be found liable in a balance to Plainstanes, Mr. Wildgoose, Mr. Peebles's eighth agent, recommended a Multiplepoinding, to bring all parties concerned into the field.'
My brain was like to turn at this account of lawsuit within lawsuit, like a nest of chip-boxes, with all of which I was expected to make myself acquainted.
'I understand,' I said, 'that Mr. Peebles claims a sum of money from Plainstanes--how then can he be his debtor? and if not his debtor, how can he bring a Multiplepoinding, the very summons of which sets forth, that the pursuer does owe certain monies, which he is desirous to pay by warrant of a judge?' [Multiplepoinding is, I believe, equivalent to what is called in England a case of Double Distress.]
'Ye know little of the matter, I doubt, friend,' said Mr. Peebles; 'a Multiplepoinding is the safest REMEDIUM JURIS in the whole; form of process. I have known it conjoined with a declarator of marriage.--Your beef is excellent,' he said to my father, who in vain endeavoured to resume his legal disquisition; 'but something highly powdered--and the twopenny is undeniable; but it is small swipes--small swipes--more of hop than malt-with your leave, I'll try your black bottle.'
My father started to help him with his own hand, and in due measure; but, infinitely to my amusement, Peter got possession of the bottle by the neck, and my father's ideas of hospitality were far too scrupulous to permit his attempting, by any direct means, to redeem it; so that Peter returned to the table triumphant, with his prey in his clutch.
'Better have a wine-glass, Mr. Peebles,' said my father, in an admonitory tone, 'you will find it pretty strong.'
'If the kirk is ower muckle, we can sing mass in the quire,' said Peter, helping himself in the goblet out of which he had been drinking the small beer. 'What is it, usquebaugh?--BRANDY, as I am an honest man! I had almost forgotten the name and taste of brandy. Mr. Fairford elder, your good health' (a mouthful of brandy), 'Mr. Alan Fairford, wishing you well through your arduous undertaking' (another go-down of the comfortable liquor). 'And now, though you have given a tolerable breviate of this great lawsuit, of whilk everybody has heard something that has walked the boards in the Outer House (here's to ye again, by way of interim decreet) yet ye have omitted to speak a word of the arrestments.'
'I was just coming to that point, Mr. Peebles.'
'Or of the action of suspension of the charge on the bill.'
'I was just coming to that.'
'Or the advocation of the Sheriff-Court process.'
'I was just coming to it.'
'As Tweed comes to Melrose, I think,' said the litigant; and then filling his goblet about a quarter full of brandy, as if in absence of mind, 'Oh, Mr. Alan Fairford, ye are a lucky man to buckle to such a cause as mine at the very outset! it is like a specimen of all
My brain was like to turn at this account of lawsuit within lawsuit, like a nest of chip-boxes, with all of which I was expected to make myself acquainted.
'I understand,' I said, 'that Mr. Peebles claims a sum of money from Plainstanes--how then can he be his debtor? and if not his debtor, how can he bring a Multiplepoinding, the very summons of which sets forth, that the pursuer does owe certain monies, which he is desirous to pay by warrant of a judge?' [Multiplepoinding is, I believe, equivalent to what is called in England a case of Double Distress.]
'Ye know little of the matter, I doubt, friend,' said Mr. Peebles; 'a Multiplepoinding is the safest REMEDIUM JURIS in the whole; form of process. I have known it conjoined with a declarator of marriage.--Your beef is excellent,' he said to my father, who in vain endeavoured to resume his legal disquisition; 'but something highly powdered--and the twopenny is undeniable; but it is small swipes--small swipes--more of hop than malt-with your leave, I'll try your black bottle.'
My father started to help him with his own hand, and in due measure; but, infinitely to my amusement, Peter got possession of the bottle by the neck, and my father's ideas of hospitality were far too scrupulous to permit his attempting, by any direct means, to redeem it; so that Peter returned to the table triumphant, with his prey in his clutch.
'Better have a wine-glass, Mr. Peebles,' said my father, in an admonitory tone, 'you will find it pretty strong.'
'If the kirk is ower muckle, we can sing mass in the quire,' said Peter, helping himself in the goblet out of which he had been drinking the small beer. 'What is it, usquebaugh?--BRANDY, as I am an honest man! I had almost forgotten the name and taste of brandy. Mr. Fairford elder, your good health' (a mouthful of brandy), 'Mr. Alan Fairford, wishing you well through your arduous undertaking' (another go-down of the comfortable liquor). 'And now, though you have given a tolerable breviate of this great lawsuit, of whilk everybody has heard something that has walked the boards in the Outer House (here's to ye again, by way of interim decreet) yet ye have omitted to speak a word of the arrestments.'
'I was just coming to that point, Mr. Peebles.'
'Or of the action of suspension of the charge on the bill.'
'I was just coming to that.'
'Or the advocation of the Sheriff-Court process.'
'I was just coming to it.'
'As Tweed comes to Melrose, I think,' said the litigant; and then filling his goblet about a quarter full of brandy, as if in absence of mind, 'Oh, Mr. Alan Fairford, ye are a lucky man to buckle to such a cause as mine at the very outset! it is like a specimen of all