[79] "_Apprizing_" is a legal process to which Sir Thomas several times
refers with great horror, and it may be as well to explain to our
readers what it was, for fortunately it is now a thing of the past. It
was for long the only method of attaching a debtor's heritable property.
By the Act, 1469, c. 36, when payment of a debt could not be obtained
out of the debtor's movables (including rent), "the King's letters might
be obtained, under which a debtor's land might be sold by the Sheriff to
the amount of his debts, and the creditor paid out of the proceeds. If
within six months no purchaser could be found, a portion of the land
equal to the debt was to be apprised by thirteen men chosen by the
sheriff, and the portion apprised by them was to be made over to the
creditor." The debtor could redeem within seven years. This procedure at
first took place in the head burgh of the shire, where the jury probably
knew enough to make a fair valuation of the land. But after a time the
proceedings often took place in Edinburgh, where the jury had no special
knowledge, and might be packed by the creditor. So that large estates
were sometimes carried off in payment of trifling debts. The appriser at
once entered into possession, and was not obliged to account for the
rents (until 1631, c. 6). It was thus a powerful engine of oppression.
If A. wished B.'s land, and B. owned land and nothing else, it was
possible for A., if he could only get B. as his debtor even in a small
sum, so to work matters that for the debt he might apprise all B's land.
Being then in right of B.'s rents, he had B. completely in his power,
and B. had no resources for gathering together the amount of the debt
which he must pay in order to redeem his lands within the seven years
allowed. The law was much relaxed by the Act, 1621, c. 6, but the above
will enable us to understand how an unscrupulous creditor might get an
easy-going, thriftless man into his clutches, and impoverish him and his
family.
[80] _Works_, p. 382. The evident meaning of the last sentence is that
Lesley's ways were so dark that it was highly necessary for him often to
ask, "See ye?" Yet one cannot help feeling that this relentless creditor
may not have been solely animated by malignant hatred of his debtor.
Even in the above speech there seem to be claims which cannot be lightly
brushed aside. One is again reminded of Mr Micawber, and of the sudden
and unexpected glimpse of a better nature in his most truculent
creditor, which was vouchsafed him when he got his discharge in
bankruptcy. "Even the revengeful bootmaker," we are told, "declared in
open court that he bore him [Mr M.] no malice, but that when money was
owing to him he liked to be paid. He said he thought it was human
nature" (_David Copperfield_, chap. xii.). An eminent American
philosopher has said that there is a great deal of human nature in man.
There seems at any rate to have been a great deal in Mr Lesley of
Findrassie.
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.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account