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The Court of Conscience was established for recovering small debts under forty shillings at an easy expense, the creditor's oath of the debt being sufficient without further testimony to ascertain the debt. This court sits at the hustings in Guildhall every Wednesday and Saturday, where the Common Council of each ward are judges in their turns.
In order to calm the creditor's indignation, Balzac read to him some fragments of another book which he was really engaged upon. After listening for a while, Levavasseur's countenance grew serene: "I will pay you two thousand francs for this production when finished, Monsieur," he said; "and we will cancel the old transaction. Come with me. I will give you the first thousand francs now.
You would have said that a debtor was humbly putting his case in his creditor's ear, and could only now and then summon courage to meet the censorious eyes. They went in to Mrs. Sumfit's shout that the dumplings were out of the pot: old Anthony bowed upon the announcement of his name, and all took seats.
"No," replied the other, "I am not ready to-night." After a little further conversation in regard to the mortgage, Parkman departed with the ominous remark, "Doctor, something must be done to-morrow." Unfortunately the Professor was not in a position to do anything. He had no means sufficient to meet his creditor's demands; and that creditor was unrelenting.
The soldier-lord's manner was courteously military that of an established superior indifferent to the deferential attitude he must needs enact. His curt nick of the head, for a response to the visitor's formal salutation, signified the requisite acknowledgment, like a city creditor's busy stroke of the type-stamp receipt upon payment.
Twice every day he sent up a basket of food, which was always returned empty, and every Sunday climbed the long stairway with a bottle of the best wine but never once said, "Pay my bill." Here he was at the last chapter of exile, still bearing his creditor's cross.
The claim of the citizen is prior in time, paramount in title, superior in equity. The fortunes of individuals, whether possessed by acquisition, or by descent, or in virtue of a participation in the goods of some community, were no part of the creditor's security, expressed or implied. They never so much as entered into his head, when he made his bargain.
Today it is mine, tomorrow my son's, the next day his creditor's. Since, in fact, money belongs to no one, why should any blame attach to our patriots if, instead of leaving it for some worthless son, they take it for their own use?" When I hear Sandip's words uttered by this boy, I tremble all over.
There are, however, some exceptions which, though pleadable by a principal debtor, are not pleadable by his surety; for instance, if a man surrenders his property to his creditors as an insolvent, and one of them sues him for his debt in full, he can effectually protect himself by pleading the surrender; but this cannot be done by his surety, because the creditor's main object, in accepting a surety for his debtor, is to be able to have recourse to the surety for the satisfaction of his claim if the debtor himself becomes insolvent.
Lincoln explained the man's condition and circumstances, and advised his client to let the matter rest; but the creditor's temper was up, and he insisted on having suit brought.
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