[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.
[81] In one of his queer Epigrams, after comparing the insatiable demands of his creditors to those of the grave and of the sea, he closes with the following alliterative litany:
"Free me from Farcher, Fraser, Fendrasie."
[82] "His subjects and familiars surnamed him [Esormon] ουροχἀρτοϛ, that is [to] say, 'fortunate and well-beloved'" (Works, p. 156).
[83] Rabelais, p. xv.
[84] Acts of the Parliament of Scotland, vol. vii. 479, a, b.
[85] The parish of Cromartie consists of the north-east portion of the peninsula called the Black Isle, terminating eastward in the precipice called the Southern Sutor, and stretches for about four miles along the shore of the Moray Firth on the east, and about six along that of the Firth of Cromartie on the north and west. To the west of the parish of Cromartie were situated the joint parishes of Kirkmichael and Cullicudden, on the southern shore of the Cromartie Firth. In Sir Thomas Urquhart's time these were separate parishes, but they were united in 1662, and a new church was built at Resolis, in Kirkmichael, near the border of Cullicudden. The newly constituted parish bore and still bears the name of Resolis.
[86] In his Logopandecteision he speaks of the "stipauctionarie tide" which began to overflow the land. He thought "with sufficient bulwarks of good argument to have stayed the inundation thereof from two of his churches"; but, he says, "I was violently driven like a feather before a whirlewind, notwithstanding all my defences, to the sanctuary of an inforced patience" (Works, p. 352). He does not, however, appear to have stayed long in this sanctuary, or else the shelter it afforded was but imperfect. His "stipauctionarie" (i.e. stipend-increasing) reminds us of Mr Micawber's calling his salary his "stipendiary emoluments."
[87] The attention of the reader is specially directed to the marvellous felicity and vigour of the above description. Sir Thomas himself has never written anything better in its way.