Old Man Savarin, and Other Stories

by Edward William Thomson

"My grandfather had a mind to strike him down on the spot, so he often said; but he thought of the time when he hit Hamish Cochrane in anger, and he minded the penances the priest put on him for breaking the silly man's jaw with that blow, so he smothered the heat that wass in him, and turned away in scorn. With that Tougal Stewart went to court, and sued my grandfather, puir mean creature.

"You might think that Judge Jones—him that wass judge in Cornwall before Judge Jarvis that's dead—would do justice. But no, he made it the law that my grandfather must pay at once, though Tougal Stewart could not deny what the bargain wass.

"'Your Honor,' says my grandfather, 'I said I'd pay when I felt able. And do I feel able now? No, I do not,' says he. 'It's a disgrace to Tougal Stewart to ask me, and himself telling you what the bargain was,' said my grandfather. But Judge Jones said that he must pay, for all that he did not feel able.

"'I will nefer pay one copper till I feel able,' says my grandfather; 'but I'll keep my Hielan' promise to my dying day, as I always done,' says he.

"And with that the old judge laughed, and said he would have to give judgment. And so he did; and after that Tougal Stewart got out an execution. But not the worth of a handful of oatmeal could the bailiff lay hands on, because my grandfather had chust exactly taken the precaution to give a bill of sale on his gear to his neighbor, Alexander Frazer, that could be trusted to do what was right after the law play was over.

"The whole settlement had great contempt for Tougal Stewart's conduct; but he was a headstrong body, and once he begun to do wrong against my grandfather, he held on, for all that his trade fell away; and finally he had my grandfather arrested for debt, though you'll understand, sir, that he was owing Stewart nothing that he ought to pay when he didn't feel able.

"In those times prisoners for debt was taken to jail in Cornwall, and if they had friends to give bail that they would not go beyond the posts that was around the sixteen acres nearest the jail walls, the prisoners could go where they liked on that ground. This was called 'the privilege of the limits.' The limits, you'll understand, wass marked by cedar posts painted white about the size of hitching-posts.

"The whole settlement was ready to go bail for my grandfather if he wanted it, and for the health of him he needed to be in the open air, and so he gave Tuncan-Macdonnell of the Greenfields, and Æneas Macdonald of the Sandfields, for his bail, and he promised, on his Hielan' word of honor, not to go beyond the posts. With that he went where he pleased, only taking care that he never put even the toe of his foot beyond a post, for all that some prisoners of the limits would chump ofer them and back again, or maybe swing round them, holding by their hands.

"Efery day the neighbors would go into Cornwall to give my grandfather the good word, and they would offer to pay Tougal Stewart for the other half of the plough, only that vexed my grandfather, for he was too proud to borrow, and, of course, every day he felt less and less able to pay on account of him having to hire a man to be doing the spring ploughing and seeding and making the kale-yard.

"All this time, you'll mind, Tougal Stewart had to pay five shillings a week for my grandfather's keep, the law being so that if the debtor swore he had not five pound's worth of property to his name, then the creditor had to pay the five shillings, and, of course, my grandfather had nothing to his name after he gave the bill of sale to Alexander Frazer. A great diversion it was to my grandfather to be reckoning up that if he lived as long as his father, that was hale and strong at ninety-six, Tougal would need to pay five or six hundred pounds for him, and there was only two pound five shillings to be paid on the plough.