Scotland, but with the young Hepburn who comes casually across the
scene. Following in his track entirely, the next quarter where, after
appearing in the ‘Histoirettes,’ he turns up, is Durie’s ‘Decisions of
the Court of Session.’ This is by no means one of the books which every
well-informed man is presumed to know. So toughly is it stuffed with the
technicalities and involutions of old Scots law, and so confused and
involved is every sentence of it by the natural haziness of its author,
that probably no living English writer would dare to meddle with it. No
Scotsman would, unless he be lawyer—nor, indeed, would any lawyer,
unless of a very old school—welcome the appearance of the grim folio. In
citing from it the decision of Hepburn _contra_ Hepburn, 14th March
1639, even the courageous M. Michel subjoins: “Si j’ai bien compris le
text de cet arrêt conçu dans un langue particulière.” This peculiar
arrêt begins as follows:—“The brethren and sisters of umquhile Colonel
Sir John Hepburn having submitted all questions and rights which they
might pretend to the goods, gear, and means of the said umquhile Sir
John, to the laird Wauchton and some other friends, wherein the
submitters were bound and did refer to the said friends to determine
what proportion of the said goods should be given to George Hepburn, the
son of the eldest brother to the said Sir John, which George was then in
France at the time of the making of the said submission and bond, and
did not subscribe the same, nor none taking the burden for him; upon the
which submission, the said friends had given their decreet arbitral. The
living brethren and sisters of the said Sir John being confirmed
executors to him, pursues one Beaton, factor in Paris, for payment of
20,000 pounds addebted by him to the said umquhile Sir John, who,
suspending upon double poinding,” &c.
Public-domain text, read in full here on John Shaqi.
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