"I canna understand this, neighbour," answered Saddletree. "I am an honest Presbyterian of the Kirk of Scotland, and stand by her and the General a.s.sembly, and the due administration of justice by the fifteen Lords o' Session and the five Lords o' Justiciary."

"Out upon ye, Mr. Saddletree!" exclaimed David, who, in an opportunity of giving his testimony on the offences and backslidings of the land, forgot for a moment his own domestic calamity--"out upon your General a.s.sembly, and the back of my hand to your Court o' Session!--What is the tane but a waefu' bunch o' cauldrife professors and ministers, that sate bien and warm when the persecuted remnant were warstling wi' hunger, and cauld, and fear of death, and danger of fire and sword upon wet brae-sides, peat-haggs, and flow-mosses, and that now creep out of their holes, like bluebottle flees in a blink of sunshine, to take the pu'pits and places of better folk--of them that witnessed, and testified, and fought, and endured pit, prison-house, and transportation beyond seas?--A bonny bike there's o' them!--And for your Court o' Session--"

"Ye may say what ye will o' the General a.s.sembly," said Saddletree, interrupting him, "and let them clear them that kens them; but as for the Lords o' Session, forby that they are my next-door neighbours, I would have ye ken, for your ain regulation, that to raise scandal anent them, whilk is termed to _murmur_ again them, is a crime _sui generis,_--_sui generis,_ Mr. Deans--ken ye what that amounts to?"

"I ken little o' the language of Antichrist," said Deans; "and I care less than little what carnal courts may call the speeches of honest men.

And as to murmur again them, it's what a' the folk that loses their pleas, and nine-tenths o' them that win them, will be gey sure to be guilty in. Sae I wad hae ye ken that I hand a' your gleg-tongued advocates, that sell their knowledge for pieces of silver--and your worldly-wise judges, that will gie three days of hearing in presence to a debate about the peeling of an ingan, and no ae half-hour to the gospel testimony--as legalists and formalists, countenancing by sentences, and quirks, and cunning terms of law, the late begun courses of national defections--union, toleration, patronages, and Yerastian prelatic oaths.

As for the soul and body-killing Court o' Justiciary--"

The habit of considering his life as dedicated to bear testimony in behalf of what he deemed the suffering and deserted cause of true religion, had swept honest David along with it thus far; but with the mention of the criminal court, the recollection of the disastrous condition of his daughter rushed at once on his mind; he stopped short in the midst of his triumphant declamation, pressed his hands against his forehead, and remained silent.

Saddletree was somewhat moved, but apparently not so much so as to induce him to relinquish the privilege of prosing in his turn afforded him by David's sudden silence. "Nae doubt, neighbour," he said, "it's a sair thing to hae to do wi' courts of law, unless it be to improve ane's knowledge and practique, by waiting on as a hearer; and touching this unhappy affair of Effie--ye'll hae seen the dittay, doubtless?" He dragged out of his pocket a bundle of papers, and began to turn them over. "This is no it--this is the information of Mungo Marsport, of that ilk, against Captain Lackland, for coming on his lands of Marsport with hawks, hounds, lying-dogs, nets, guns, cross-bows, hagbuts of found, or other engines more or less for destruction of game, sic as red-deer, fallow-deer, cappercailzies, grey-fowl, moor-fowl, paitricks, herons, and sic like; he, the said defender not being ane qualified person, in terms of the statute sixteen hundred and twenty-ane; that is, not having ane plough-gate of land. Now, the defences proponed say, that _non constat_ at this present what is a plough-gate of land, whilk uncertainty is sufficient to elide the conclusions of the libel. But then the answers to the defences (they are signed by Mr. Crossmyloof, but Mr. Younglad drew them), they propone, that it signifies naething, _in hoc statu,_ what or how muckle a plough-gate of land may be, in respect the defender has nae lands whatsoever, less or mair. 'Sae grant a plough-gate'" (here Saddletree read from the paper in his hand) "'to be less than the nineteenth part of a guse's gra.s.s'--(I trow Mr. Crossmyloof put in that--I ken his style),--'of a guse's gra.s.s, what the better will the defender be, seeing he hasna a divot-cast of land in Scotland?--_Advocatus_ for Lackland duplies, that _nihil interest de possessione,_ the pursuer must put his case under the statute'--(now, this is worth your notice, neighbour),--'and must show, _formaliter et specialiter,_ as well as _generaliter,_ what is the qualification that defender Lackland does _not_ possess--let him tell me what a plough-gate of land is, and I'll tell him if I have one or no. Surely the pursuer is bound to understand his own libel, and his own statute that he founds upon. _t.i.tius_ pursues _Maevius_ for recovery of ane _black_ horse lent to Maevius--surely he shall have judgment; but if t.i.tius pursue Maevius for ane _scarlet_ or _crimson_ horse, doubtless he shall be bound to show that there is sic ane animal _in rerum natura._ No man can be bound to plead to nonsense--that is to say, to a charge which cannot be explained or understood'--(he's wrang there--the better the pleadings the fewer understand them),--'and so the reference unto this undefined and unintelligible measure of land is, as if a penalty was inflicted by statute for any man who suld hunt or hawk, or use lying-dogs, and wearing a sky-blue pair of breeches, without having--'But I am wearying you, Mr. Deans,--we'll pa.s.s to your ain business,--though this cue of Marsport against Lackland has made an unco din in the Outer House. Weel, here's the dittay against puir Effie: 'Whereas it is humbly meant and shown to us,' etc. (they are words of mere style), 'that whereas, by the laws of this and every other well-regulated realm, the murder of any one, more especially of an infant child, is a crime of ane high nature, and severely punishable: And whereas, without prejudice to the foresaid generality, it was, by ane act made in the second session of the First Parliament of our most High and Dread Sovereigns William and Mary, especially enacted, that ane woman who shall have concealed her condition, and shall not be able to show that she hath called for help at the birth in case that the child shall be found dead or amissing, shall be deemed and held guilty of the murder thereof; and the said facts of concealment and pregnancy being found proven or confessed, shall sustain the pains of law accordingly; yet, nevertheless, you, Effie, or Euphemia Deans--'"

"Read no farther!" said Deans, raising his head up; "I would rather ye thrust a sword into my heart than read a word farther!"

"Weel, neighbour," said Saddletree, "I thought it wad hae comforted ye to ken the best and the warst o't. But the question is, what's to be dune?"

"Nothing," answered Deans firmly, "but to abide the dispensation that the Lord sees meet to send us. Oh, if it had been His will to take the grey head to rest before this awful visitation on my house and name! But His will be done. I can say that yet, though I can say little mair."

"But, neighbour," said Saddletree, "ye'll retain advocates for the puir la.s.sie? it's a thing maun needs be thought of."

"If there was ae man of them," answered Deans, "that held fast his integrity--but I ken them weel, they are a' carnal, crafty, and warld-hunting self-seekers, Yerastians, and Arminians, every ane o'

them."

"Hout tout, neighbour, ye mauna take the warld at its word," said Saddletree; "the very deil is no sae ill as he's ca'd; and I ken mair than ae advocate that may be said to hae some integrity as weel as their neighbours; that is, after a sort o' fashion' o' their ain."

"It is indeed but a fashion of integrity that ye will find amang them,"

replied David Deans, "and a fashion of wisdom, and fashion of carnal learning--gazing, glancing-gla.s.ses they are, fit only to fling the glaiks in folk's een, wi' their pawky policy, and earthly ingine, their flights and refinements, and periods of eloquence, frae heathen emperors and popish canons. They canna, in that daft trash ye were reading to me, sae muckle as ca' men that are sae ill-starred as to be amang their hands, by ony name o' the dispensation o' grace, but maun new baptize them by the names of the accursed t.i.tus, wha was made the instrument of burning the holy Temple, and other sic like heathens!"

"It's Tishius," interrupted Saddletree, "and no t.i.tus. Mr. Crossmyloof cares as little about t.i.tus or the Latin as ye do.--But it's a case of necessity--she maun hae counsel. Now, I could speak to Mr.

Crossmyloof--he's weel ken'd for a round-spun Presbyterian, and a ruling elder to boot."

"He's a rank Yerastian," replied Deans; "one of the public and polit.i.tious warldly-wise men that stude up to prevent ane general owning of the cause in the day of power!"

"What say ye to the auld Laird of Cuffabout?" said Saddletree; "he whiles thumps the dust out of a case gey and well."

"He? the fause loon!" answered Deans--"he was in his bandaliers to hae joined the ungracious Highlanders in 1715, an they had ever had the luck to cross the Firth."

"Weel, Arniston? there's a clever chield for ye!" said Bartoline, triumphantly.

"Ay, to bring popish medals in till their very library from that schismatic woman in the north, the d.u.c.h.ess of Gordon."*

* [James Dundas younger of Arniston was tried in the year 1711 upon charge of leasing-making, in having presented, from the d.u.c.h.ess of Gordon, medal of the Pretender, for the purpose, it was said, of affronting Queen Anne.]

"Weel, weel, but somebody ye maun hae--What think ye o' Kittlepunt?"

"He's an Arminian."

"Woodsetter?"

"He's, I doubt, a Cocceian."

"Auld Whilliewhaw?"

"He's ony thing ye like."

"Young Naemmo?"

"He's naething at a'."

"Ye're ill to please, neighbour," said Saddletree: "I hae run ower the pick o' them for you, ye maun e'en choose for yoursell; but bethink ye that in the mult.i.tude of counsellors there's safety--What say ye to try young Mackenyie? he has a' his uncle's Practiques at the tongue's end."

"What, sir, wad ye speak to me," exclaimed the st.u.r.dy Presbyterian in excessive wrath, "about a man that has the blood of the saints at his fingers' ends? Did na his eme [Uncle] die and gang to his place wi' the name of the Bluidy Mackenyie? and winna he be kend by that name sae lang as there's a Scots tongue to speak the word? If the life of the dear bairn that's under a suffering dispensation, and Jeanie's, and my ain, and a' mankind's, depended on my asking sic a slave o' Satan to speak a word for me or them, they should a' gae doun the water thegither for Davie Deans!"

It was the exalted tone in which he spoke this last sentence that broke up the conversation between Butler and Jeanie, and brought them both "ben the house," to use the language of the country. Here they found the poor old man half frantic between grief and zealous ire against Saddletree's proposed measures, his cheek inflamed, his hand clenched, and his voice raised, while the tear in his eye, and the occasional quiver of his accents, showed that his utmost efforts were inadequate to shaking off the consciousness of his misery. Butler, apprehensive of the consequences of his agitation to an aged and feeble frame, ventured to utter to him a recommendation to patience.

"I _am_ patient," returned the old man sternly,--"more patient than any one who is alive to the woeful backslidings of a miserable time can be patient; and in so much, that I need neither sectarians, nor sons nor grandsons of sectarians, to instruct my grey hairs how to bear my cross."

"But, sir," continued Butler, taking no offence at the slur cast on his grandfather's faith, "we must use human means. When you call in a physician, you would not, I suppose, question him on the nature of his religious principles!"

"Wad I _no?_" answered David--"but I wad, though; and if he didna satisfy me that he had a right sense of the right hand and left hand defections of the day, not a goutte of his physic should gang through my father's son."

It is a dangerous thing to trust to an ill.u.s.tration. Butler had done so and miscarried; but, like a gallant soldier when his musket misses fire, he stood his ground, and charged with the bayonet.--"This is too rigid an interpretation of your duty, sir. The sun shines, and the rain descends, on the just and unjust, and they are placed together in life in circ.u.mstances which frequently render intercourse between them indispensable, perhaps that the evil may have an opportunity of being converted by the good, and perhaps, also, that the righteous might, among other trials, be subjected to that of occasional converse with the profane."

"Ye're a silly callant, Reuben," answered Deans, "with your bits of argument. Can a man touch pitch and not be defiled? Or what think ye of the brave and worthy champions of the Covenant, that wadna sae muckle as hear a minister speak, be his gifts and graces as they would, that hadna witnessed against the enormities of the day? Nae lawyer shall ever speak for me and mine that hasna concurred in the testimony of the scattered, yet lovely remnant, which abode in the clifts of the rocks."

So saying, and as if fatigued, both with the arguments and presence of his guests, the old man arose, and seeming to bid them adieu with a motion of his head and hand, went to shut himself up in his sleeping apartment.

"It's thrawing his daughter's life awa," said Saddletree to Butler, "to hear him speak in that daft gate. Where will he ever get a Cameronian advocate? Or wha ever heard of a lawyer's suffering either for ae religion or another? The la.s.sie's life is clean flung awa."

During the latter part of this debate, Dumbiedikes had arrived at the door, dismounted, hung the pony's bridle on the usual hook, and sunk down on his ordinary settle. His eyes, with more than their usual animation, followed first one speaker then another, till he caught the melancholy sense of the whole from Saddletree's last words. He rose from his seat, stumped slowly across the room, and, coming close up to Saddletree's ear, said in a tremulous anxious voice, "Will--will siller do naething for them, Mr. Saddletree?"

"Umph!" said Saddletree, looking grave,--"siller will certainly do it in the Parliament House, if ony thing _can_ do it; but where's the siller to come frae? Mr. Deans, ye see, will do naething; and though Mrs.

Saddletree's their far-awa friend, and right good weel-wisher, and is weel disposed to a.s.sist, yet she wadna like to stand to be bound _singuli in solidum_ to such an expensive wark. An ilka friend wad bear a share o'

the burden, something might be dune--ilka ane to be liable for their ain input--I wadna like to see the case fa' through without being pled--it wadna be creditable, for a' that daft whig body says."

"I'll--I will--yes" (a.s.suming fort.i.tude), "I will be answerable," said Dumbiedikes, "for a score of punds sterling."--And he was silent, staring in astonishment at finding himself capable of such unwonted resolution and excessive generosity.

"G.o.d Almighty bless ye, Laird!" said Jeanie, in a transport of grat.i.tude.

"Ye may ca' the twenty punds thretty," said Dumbiedikes, looking bashfully away from her, and towards Saddletree.

"That will do bravely," said Saddletree, rubbing his hands; "and ye sall hae a' my skill and knowledge to gar the siller gang far--I'll tape it out weel--I ken how to gar the birkies tak short fees, and be glad o'

them too--it's only garring them trow ye hae twa or three cases of importance coming on, and they'll work cheap to get custom. Let me alane for whilly-whaing an advocate:--it's nae sin to get as muckle flue them for our siller as we can--after a', it's but the wind o' their mouth--it costs them naething; whereas, in my wretched occupation of a saddler, horse milliner, and harness maker, we are out unconscionable sums just for barkened hides and leather."

"Can I be of no use?" said Butler. "My means, alas! are only worth the black coat I wear; but I am young--I owe much to the family--Can I do nothing?"

"Ye can help to collect evidence, sir," said Saddletree; "if we could but find ony ane to say she had gien the least hint o' her condition, she wad be brought aft wi' a wat finger--Mr. Crossmyloof tell'd me sae. The crown, says he, canna be craved to prove a positive--was't a positive or a negative they couldna be ca'd to prove?--it was the tane or the t.i.ther o' them, I am sure, and it maksna muckle matter whilk. Wherefore, says he, the libel maun be redargued by the panel proving her defences. And it canna be done otherwise."