The same national tendency has survived down to our own times. It is
excellently pourtrayed by Scott in several of the Waverley Novels.
Dandie Dinmont, for instance, having won the ‘grand plea about the
grazing of the Langtae-head,’ was keen to have another legal tussle
with his neighbour, Jock o’ Dawston Cleuch, about a wretched bit of
land that might ‘feed a hog or aiblins twa in a good year’; not that
he valued the land, but he wanted ‘justice,’ and could ill bear to
be overridden, even in regard to what was in itself quite worthless.
The phraseology of the law courts came glibly to the tongues of men
who, like Bartoline Saddletree, picked it up from attendance in the
Parliament House, but had only an imperfect notion of what it meant.
In some cases, such as that of Poor Peter Peebles, loss of wits and
fortune, together with a parrot-like facility in repeating law terms,
was all the outcome of years of litigation.
Burns, too, has admirably indicated the litigious quarrels of his
countrymen and a thoroughly national mode of composing them when the
disputants can be induced to adopt it
When neebors anger at a plea,
An’ just as wud as wud can be,
How easy can the barley-brie
Cement the quarrel!
It’s aye the cheapest lawyer’s fee,
To taste the barrel.
From the number of writers, solicitors, and advocates who still every
year enter the legal profession, one may infer that this national
peculiarity shows no marked sign of abatement. The institution of local
courts of first instance, all over the country, has enabled the Scot to
indulge in the luxury of law, without the trouble and expense of going
up to Edinburgh. He can bring his case before the Sheriff-Substitute,
and appeal from his decision to that of the Sheriff-Principal. If
an adverse judgment from both of these officials has not damped his
enthusiasm or emptied his pocket, he has still the Court of Session
in the Scottish capital to fall back on, and can there appeal to the
Inner House; and, finally, if any fighting power should still be left
in him, he may carry his case to the House of Lords. It is obvious that
the legal system of the country has been admirably arranged for the
gratification of his litigious propensities.
[Sidenote: LAW AND LAW-COURTS]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account