"No," answered the Sheriff, "and if he delays much longer, I shall adjourn the meeting to another day."

"He's a thrawart tyke, as I ken to my cost," replied Ballinshaw, shaking his head. "We micht ha'e lived in gude neighbourhood, and settled a' disputes ower a friendly flagon; but na--he wad carry a'thing ower my head, kenning that I was a man o' peace. I durstna hunt ower the ground ayont the burn. He slauchtered my hounds, chased my serving-men, and vowed that if I mysel' daured to set foot across the holm, he wad be my death. Now, he ne'er had a shadow o' richt to the ground; for, time out o' mind, my forbears hunted ower it to the foot o' the hill yonder, without let or hindrance."

"And I presume you are possessed of legal evidence to prove your claim?" said the Sheriff. "Charters, and so forth?"

"Deil a sc.r.a.p o' write ha'e I, my lord--mair's the pity," responded Lauder, feigning a smile. "Ance in a day there was a muckle iron-banded kist, panged fu' o' musty parchments, that stood in the closet o' the south turret; but a'e nicht the closet took fire, and kist and charters were burned to eizels, and gaed up in the air like peelings o' ingans. Still, my witnesses are pa.s.sing gude; and, Sir Robert, let me say--"

"They shall be heard in due course," said the Sheriff. "Defer your statements till the proper time. I cannot listen to either party until both are present."

"That's gude law; for ilka man's tale is gude till anither's be tauld," returned Ballinshaw. "But what I ha'e yet to say is meant for your private ear."

"My duty is to act publicly, not privately," said the Sheriff; but not willing to be harsh, he added--"If what you wish to say does not concern the case in hand, I am ready to hear you. Say on, and be brief."

Ballinshaw took hold of the knight's bridle, and led him slowly away out of earshot of the a.s.semblage. "Sir Robert," said the crafty Laird, coming to a stand, and speaking low, "as you cannot but be satisfied in your ain mind that I am likeliest, frae auld use and wont, to ha'e the richtfu' claim to the disputed ground--"

"Stay," interrupted the Sheriff, angrily. "This still affects the arbitration. Would you have me to prejudge the case? I cannot, in conscience, listen to you."

"A moment, Sir Robert, a moment," implored Lauder, holding tightly by the bridle. "I was thinking that, as you will mind, when we were baith in our youthy days--though I had the advantage o' you in years--how you whiles cam' to Ballinshaw wi' your faither; and how I took you amang the bosky knowes to gather brambles and blaeberries; and sometimes made a fishingwand and tackle for you, and sorted your bow and arrows, and helpit you to climb trees for nests--ah! thae were lichtsome days: now, I say, I was thinking that maybe for langsyne and its friendship, you could ca' me through the present troublesome business wi' little din--and I wad mak' up a purse--"

"Hah! you would pollute the source of justice by a foul bribe?"

e.j.a.c.u.l.a.t.ed the Sheriff, frowning deeply.

"Siller can do nae man harm," said Lauder, with an insinuating smile.

"You ken the proverb--'There's a time to gley, and a time to look even': and wherefore shouldna a man gley for the sake o' his ain pouch? Far be it frae my wish to wrang ony man; but Royston Scott has lang been kent as ane that cares na a whistle on his thumb for a' the laws and shirras in braid Scotland; and it wadna be amiss in you, Sir Robert, to gi'e an auld friend a feather out o' sic a corbie's wing. I hear you're pressed by Ben Magog, the Jew of Berwick, for some siller he lent you on bond. Settle this business in my favour, and I'll help to clear you o' the Jew's grip."

The Sheriff, in silent scorn, released his rein from Lauder's hold. At that moment, the blast of a horn pealed from the adjacent hill, and a cry arose--"Yonder is Altoncroft at last, wi' a st.u.r.dy clump o' spears at his back!" The Sheriff, avoiding Lauder's renewed clutch at his bridle, rode back to his train.

The summit of the height was crowned by a troop of hors.e.m.e.n, whose arms and armour flashed in the sunlight. They numbered double Ballinshaw's party, which fact caused him to look nervous, and to whisper, in an agitated voice, to the gentle Johnston, who, with a stout aspect, strove to rea.s.sure him. The approaching band spurred hard down the gra.s.sy slope of the hill, and traversing the low ground like the shadow of a flying cloud, soon reached the rendezvous and drew bridle. Altoncroft was a man in the vigour of life, and of a tall and muscular figure, with a harsh cast of features, and fierce grey eyes. He wore a leathern jack, plated with mail on the breast and the sleeves, and a steel cap, from which a long red plume drooped down his back, whilst his weapons were lance, sword, and dagger.

"You are late in keeping tryst," said the Sheriff.

"'Twill not deny," answered Altoncroft, leaving his saddle and making a humble obeisance. "But, sooth to tell, my knaves broached a cask of double ale yesternight, and were loth to leave the dregs this morning.

I crave your pardon, my lord Sheriff, and kiss your hand. And to the matter before us--I bring witnesses who, I think, will clearly establish my rights. I desire to have a free and fair decision, and will submit to it when it is p.r.o.nounced; but I say frankly that if injustice be done me--"

"There shall be no injustice done either party," responded the Sheriff. "Proceed we to business: and I trust that no broil will break the amity of our meeting, but that all will respect this emblem of peace," pointing to the spear and glove, which his page held aloft.

"Time wears on, and we shall proceed. Sergeants, proclaim and fence our court of arbitration."

One of the sergeants blew his horn thrice, and then made the proclamation, and "fenced the court" (as the phrase was) against all disturbance, which was denounced under high pains and penalties. The contending parties, mostly dismounted, were arranged on either side of the Arbiter, who elected to hear Altoncroft's evidence first.

Altoncroft, like his opponent, had no doc.u.ments of any kind to produce--his charters and sasines having long become non-existent, so that his case depended entirely upon what lawyers call parole proof.

The monk, now on foot, and holding open his book, which was an old ma.n.u.script copy of the Gospels and richly illuminated, advanced to discharge the duty of administering the usual oath to the witnesses.

This he did with all solemnity. Each man, when called in rotation, swore, with his right hand laid upon the sacred volume, and afterwards partook of a morsel of bread, and p.r.o.nounced the imprecation that if he told an untruth the morsel might become mortal poison--a form probably borrowed from the Hebrew judicial procedure with the "water of jealousy."

The bulk of Altoncroft's proof, as expiscated chiefly by questions from the Sheriff, amounted somewhat to this--that the Laird's predecessors seemed to have always regarded the disputed ground, embracing a wide portion of the moorland on one side of the Deadman's Holm, as their own property, the burn being, to a considerable extent, the line of march. There were flaws in the witness-bearing, and much of it did not hang well together, as being inconclusive and sometimes contradictory hearsay. But Ballinshaw appeared to consider the proof as possessing a good deal of weight. When it came to his turn to adduce his witnesses, he whispered to Johnston, who was to be the first sworn--"Now comes the pinch, Edie; and for Gudesake dinna fail me! Thae Altoncroft rogues ha'e said ower muckle, and we maun d.a.m.nify them, else we're lost. Dinna you mind the bit aith; it's just mere wind out o' your mouth. Ne'er scruple, lad, in your master's service.

A fu' purse aye heals a troubled conscience. Stand up stoutly for my richt, and ding them a' doon. The lave o' our men will follow you like a wheen sheep louping a d.y.k.e."

"I daurna do mair than I ha'e promised, Laird, though it were for my ain faither," responded Edie, shaking his head. "But trust me, what I promised, and what I'll swear in the face o' the sun, will bear you out. Tak' nae fear."

The Sergeant's horn sounding again, Edie, a.s.suming the firmest demeanour he could, laid down his spear, and presented himself for examination. He took the oath and the ordeal with becoming gravity, and then proceeded to depone how it consisted with his belief that the ground in question belonged to Ballinshaw. Edie swore that he had frequently heard his father, grandfather, and other discreet men, who knew the locality, say so: that this was the common understanding of the country: that he himself had often seen Ballinshaw hunt over the said portion of moorland. "And to make siccar," added he, "if your lordship will please to walk ower the ground alang wi' me, I will point out the true marches as they were aye considered."

This was the most matter-of-fact proposal which had been as yet offered, and it was readily accepted. Edie took his way, accompanied by nearly the whole of the a.s.semblage. He made a wide circuit, inclining sometimes to the right and sometimes to the left. "The auld march rins this way, according to what I've heard, and according to what I ken," he repeatedly deponed. "I'm walking here on the land o'

Ballinshaw. I swear, on soul and conscience, that the yird aneath my feet is Ballinshaw's sure and certain."

In this way he traversed a large s.p.a.ce of the moorland, greatly to the satisfaction of his master, whose cunning eyes sparkled with joy. But the fiery Laird of Altoncroft, unable to control his chagrin longer, suddenly confronted the witness and bade him halt. The undaunted Johnston obeyed, folding his arms, and giving his interrupter a sarcastic scowl.

"Do you, sirrah, dare to swear that what you are pointing out are the true boundaries of my lands?" demanded Altoncroft.

"What cause is there to doubt his word?" cried Ballinshaw, pressing to the support of his hopeful witness. "Let the worthy Shirra judge."

"I tell you, Altoncroft," said the witness, drawing himself up to his full height; "I tell you, as I ha'e sworn, that all alang the yird o'

Ballinshaw's land has been aneath my feet. Will that content you?"

"Mis-sworn villain!" e.j.a.c.u.l.a.t.ed Altoncroft, furiously.

"I'm nae mis-sworn villain," retorted Johnston: "and were you and me here alane, wi' only the broom-bushes around us, I wad gar you eat back your foul words. I ha'e seen your back before this day, and I may see it again."

Altoncroft, stung by the retort, thrust his spear at the speaker's body, piercing the iron-plated jack. Johnston uttered a yell of mingled rage and pain, and staggering back under the shock, vainly attempted to unsheath his sword, and then dropped to the ground at full length. An applauding cheer from one party of the spectators, and a vengeful cry from another, boded a general conflict. Swords were drawn, and spears lowered, and warlike slogans arose amidst the tumult. Altoncroft, having withdrawn his lance, would have repeated his thrust, had not Ruthven Somervil, on the impulse of the moment, started forward, and baring his blade, strode across the prostrate man to save him from further a.s.sault. A dozen spears were levelled at the youth's breast, and as many advanced to protect him. The Sheriff spurred his horse into the press, and commanded all to keep the peace.

His command had the effect of enforcing a pause.

CHAPTER VII.

Aft trifles big mishanters bring, Frae whilk a hunder mair may spring; An' some, wha thrawart tempers ha'e, Aft stand unkent in their ain way; But aye, to guard against a coup, Fowk should look weel afore they loup.

--_Richard Gall_--"_The Tint Quey._"

The fish shall never swim the flood, Nor corn grow through the clay, If the fiercest fire that ever was kindled Twine me and Rothiemay.

--_Ballad_--"_The Burning of Frendraught._"

The timely interposition of the Sheriff prevented the commission of more violence. "Back! Altoncroft!" cried he, whilst his men surrounded the fallen trooper, whom Ballinshaw, with trembling arms, was endeavouring to raise. "Draw off your followers, Altoncroft,"

continued Sir Robert. "You have broken Border faith, and insulted the representative of the law and the King."

Altoncroft, sullenly sheathing his dagger, answered with a growl--"The audacious falsehoods of this varlet would have moved patient Job; and I am not to be blamed."

"I swore no falsehoods, but gave leal and soothfast witnessing,"

retorted Johnston, who was now resting on his left elbow; "and this I'll also swear, that next time we meet in a fair field we shall not part thus," shaking his gauntleted right hand at his enemy.

"Come awa' oot o' this sturyfyke, master," whispered the gaberlunzie to Ruthven. "You stand in deadly peril; for Royston Scott is nae craw to shoot at. Come awa'."

He succeeded in drawing Ruthven out of the tumult. Altoncroft obeyed the Sheriff by leading his men back some s.p.a.ce, and so allowed his victim's comrades to gather around him and do what they could to staunch his wound. Under the impression that the gentle Johnston was dying, the attendant priest pressed through the confusion, knelt on the gra.s.s at his side, and holding up a crucifix, prepared to shrive him; but Edie scouted the notion that his end was near.

"Dinna fear for me, holy father," he said, smiling grimly. "As broken a ship has come to land; and Death and me winna shake hands at this time o' day. And never think that I have perjured mysel'; for the sin o' perjury is not on my conscience. The ground is not Ballinshaw's, you say? I never made faith that it is. Bethink ye, holy father, o' my words. I swore that I stood on my master's ground; and so I did. Pull aff my boots, and you will find, in the soles o' them, an inch or twa o' earth from the yard o' Ballinshaw tower. _That_ saves my conscience, and makes the matter but a jest: so if I am to die, I winna die with a falsehood in my mouth." He finished with a hollow laugh at the deception which he had practised.

At this juncture a horseman, with the royal cognizance, the rampant red lion, emblazoned on his breast, galloped up the side of the stream, and made directly towards the Sheriff, to whom he delivered a sealed packet. The knight cut asunder the silken strings that bound it, broke the seal, and opening the packet, eagerly scanned the paper which it contained. His cheek reddened, his eyes sparkled, and he bit his nether lip, then deliberately re-folding the doc.u.ment, which seemed to have given him both surprise and mortification, he handed a few coins to the messenger, who, after making dutiful acknowledgment, turned his horse, and rode off as rapidly as he had come.

"A strange revolution of Fortune's wheel," whispered the Sheriff to his chief attendant. "The King's Grace has appointed George Hepburn, the kinsman of Altoncroft, Sheriff in my room, and commends me to resign my office into his hands without delay, for which purpose he is to be at Jedburgh to-morrow at noon. This is the work of my unfriends at our fickle Sovereign's court. Altoncroft cannot yet know of the change, else he would spurn my authority and provoke strife: therefore, I must dismiss him at once. I should have arrested him when he stabbed the witness; but I feared that such action would only embroil the business still further; and I am now glad it was not done."