Catriona

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As we came into that rough rocky desert of the King's Park I was
tempted half-a-dozen times to take to my heels and run for it, so loath
was I to show my ignorance in fencing, and so much averse to die or
even to be wounded. But I considered if their malice went as far as
this, it would likely stick at nothing; and that to fall by the sword,
however ungracefully, was still an improvement on the gallows. I
considered besides that by the unguarded pertness of my words and the
quickness of my blow I had put myself quite out of court; and that even
if I ran, my adversary would probably pursue and catch me, which would
add disgrace to my misfortune. So that, taking all in all, I continued
marching behind him, much as a man follows the hangman, and certainly
with no more hope.

We went about the end of the long craigs, and came into the Hunter's
Bog. Here, on a piece of fair turf, my adversary drew. There was
nobody there to see us but some birds; and no resource for me but to
follow his example, and stand on guard with the best face I could
display. It seems it was not good enough for Mr. Dancansby, who spied
some flaw in my manoeuvres, paused, looked upon me sharply, and came
off and on, and menaced me with his blade in the air. As I had seen no
such proceedings from Alan, and was besides a good deal affected with
the proximity of death, I grew quite bewildered, stood helpless, and
could have longed to run away.

"Fat deil ails her?" cries the lieutenant.

And suddenly engaging, he twitched the sword out of my grasp and sent
it flying far among the rushes.

Twice was this manoeuvre repeated; and the third time when I brought
back my humiliated weapon, I found he had returned his own to the
scabbard, and stood awaiting me with a face of some anger, and his
hands clasped under his skirt.

"Pe tamned if I touch you!" he cried, and asked me bitterly what right
I had to stand up before "shentlemans" when I did not know the back of
a sword from the front of it.

I answered that was the fault of my upbringing; and would he do me the
justice to say I had given him all the satisfaction it was
unfortunately in my power to offer, and had stood up like a man?

"And that is the truth," said he. "I am fery prave myself, and pold as
a lions. But to stand up there - and you ken naething of fence! - the
way that you did, I declare it was peyond me. And I am sorry for the
plow; though I declare I pelief your own was the elder brother, and my
heid still sings with it. And I declare if I had kent what way it
wass, I would not put a hand to such a piece of pusiness."

"That is handsomely said," I replied, "and I am sure you will not stand
up a second time to be the actor for my private enemies."

"Indeed, no, Palfour," said he; "and I think I was used extremely
suffeeciently myself to be set up to fecht with an auld wife, or all
the same as a bairn whateffer! And I will tell the Master so, and
fecht him, by Cot, himself!"

"And if you knew the nature of Mr. Simon's quarrel with me," said I,
"you would be yet the more affronted to be mingled up with such
affairs."

He swore he could well believe it; that all the Lovats were made of the
same meal and the devil was the miller that ground that; then suddenly
shaking me by the hand, he vowed I was a pretty enough fellow after
all, that it was a thousand pities I had been neglected, and that if he
could find the time, he would give an eye himself to have me educated.

"You can do me a better service than even what you propose," said I;
and when he had asked its nature - "Come with me to the house of one of
my enemies, and testify how I have carried myself this day," I told
him. "That will be the true service. For though he has sent me a
gallant adversary for the first, the thought in Mr. Simon's mind is
merely murder. There will be a second and then a third; and by what
you have seen of my cleverness with the cold steel, you can judge for
yourself what is like to be the upshot."

"And I would not like it myself, if I was no more of a man than what
you wass!" he cried. "But I will do you right, Palfour. Lead on!"

If I had walked slowly on the way into that accursed park my heels were
light enough on the way out. They kept time to a very good old air,
that is as ancient as the Bible, and the words of it are: "SURELY THE
BITTERNESS OF DEATH IS PASSED." I mind that I was extremely thirsty,
and had a drink at Saint Margaret's well on the road down, and the
sweetness of that water passed belief. We went through the sanctuary,
up the Canongate, in by the Netherbow, and straight to Prestongrange's
door, talking as we came and arranging the details of our affair. The
footman owned his master was at home, but declared him engaged with
other gentlemen on very private business, and his door forbidden.

"My business is but for three minutes, and it cannot wait," said I.
"You may say it is by no means private, and I shall be even glad to
have some witnesses."

As the man departed unwillingly enough upon this errand, we made so
bold as to follow him to the ante-chamber, whence I could hear for a
while the murmuring of several voices in the room within. The truth
is, they were three at the one table - Prestongrange, Simon Fraser, and
Mr. Erskine, Sheriff of Perth; and as they were met in consultation on
the very business of the Appin murder, they were a little disturbed at
my appearance, but decided to receive me.

"Well, well, Mr. Balfour, and what brings you here again? and who is
this you bring with you?" says Prestongrange.

As for Fraser, he looked before him on the table.

"He is here to bear a little testimony in my favour, my lord, which I
think it very needful you should hear," said I, and turned to
Duncansby.

"I have only to say this," said the lieutenant, "that I stood up this
day with Palfour in the Hunter's Pog, which I am now fery sorry for,
and he behaved himself as pretty as a shentlemans could ask it. And I
have creat respects for Palfour," he added.

"I thank you for your honest expressions," said I.

Whereupon Duncansby made his bow to the company, and left the chamber,
as we had agreed upon before.

"What have I to do with this?" says Prestongrange.

"I will tell your lordship in two words," said I. "I have brought this
gentleman, a King's officer, to do me so much justice. Now I think my
character in covered, and until a certain date, which your lordship can
very well supply, it will be quite in vain to despatch against me any
more officers. I will not consent to fight my way through the garrison
of the castle."

The veins swelled on Prestongrange's brow, and he regarded me with
fury.

"I think the devil uncoupled this dog of a lad between my legs!" he
cried; and then, turning fiercely on his neighbour, "This is some of
your work, Simon," he said. "I spy your hand in the business, and, let
me tell you, I resent it. It is disloyal, when we are agreed upon one
expedient, to follow another in the dark. You are disloyal to me.
What! you let me send this lad to the place with my very daughters!
And because I let drop a word to you..... Fy, sir, keep your dishonours
to yourself!"

Simon was deadly pale. "I will be a kick-ball between you and the Duke
no longer," he exclaimed. "Either come to an agreement, or come to a
differ, and have it out among yourselves. But I will no longer fetch
and carry, and get your contrary instructions, and be blamed by both.
For if I were to tell you what I think of all your Hanover business it
would make your head sing."

But Sheriff Erskine had preserved his temper, and now intervened
smoothly. "And in the meantime," says he, "I think we should tell Mr.
Balfour that his character for valour is quite established. He may
sleep in peace. Until the date he was so good as to refer to it shall
be put to the proof no more."

His coolness brought the others to their prudence; and they made haste,
with a somewhat distracted civility, to pack me from the house.

CHAPTER IX - THE HEATHER ON FIRE

WHEN I left Prestongrange that afternoon I was for the first time
angry. The Advocate had made a mock of me. He had pretended my
testimony was to be received and myself respected; and in that very
hour, not only was Simon practising against my life by the hands of the
Highland soldier, but (as appeared from his own language) Prestongrange
himself had some design in operation. I counted my enemies;
Prestongrange with all the King's authority behind him; and the Duke
with the power of the West Highlands; and the Lovat interest by their
side to help them with so great a force in the north, and the whole
clan of old Jacobite spies and traffickers. And when I remembered
James More, and the red head of Neil the son of Duncan, I thought there
was perhaps a fourth in the confederacy, and what remained of Rob Roy's
old desperate sept of caterans would be banded against me with the
others. One thing was requisite - some strong friend or wise adviser.
The country must be full of such, both able and eager to support me, or
Lovat and the Duke and Prestongrange had not been nosing for
expedients; and it made me rage to think that I might brush against my
champions in the street and be no wiser.

And just then (like an answer) a gentleman brushed against me going by,
gave me a meaning look, and turned into a close. I knew him with the
tail of my eye - it was Stewart the Writer; and, blessing my good
fortune, turned in to follow him. As soon as I had entered the close I
saw him standing in the mouth of a stair, where he made me a signal and
immediately vanished. Seven storeys up, there he was again in a house
door, the which he looked behind us after we had entered. The house
was quite dismantled, with not a stick of furniture; indeed, it was one
of which Stewart had the letting in his hands.

"We'll have to sit upon the floor," said he; "but we're safe here for
the time being, and I've been wearying to see ye, Mr. Balfour."

"How's it with Alan?" I asked.

"Brawly," said he. "Andie picks him up at Gillane sands to-morrow,
Wednesday. He was keen to say good-bye to ye, but the way that things
were going, I was feared the pair of ye was maybe best apart. And that
brings me to the essential: how does your business speed?"

"Why," said I, "I was told only this morning that my testimony was
accepted, and I was to travel to Inverary with the Advocate, no less."

"Hout awa!" cried Stewart. "I'll never believe that."

"I have maybe a suspicion of my own," says I, "but I would like fine to
hear your reasons."

"Well, I tell ye fairly, I'm horn-mad," cries Stewart. "If my one hand
could pull their Government down I would pluck it like a rotten apple.
I'm doer for Appin and for James of the Glens; and, of course, it's my
duty to defend my kinsman for his life. Hear how it goes with me, and
I'll leave the judgment of it to yourself. The first thing they have
to do is to get rid of Alan. They cannae bring in James as art and
part until they've brought in Alan first as principal; that's sound
law: they could never put the cart before the horse."

"And how are they to bring in Alan till they can catch him?" says I.

"Ah, but there is a way to evite that arrestment," said he. "Sound
law, too. It would be a bonny thing if, by the escape of one ill-doer
another was to go scatheless, and the remeid is to summon the principal
and put him to outlawry for the non-compearance. Now there's four
places where a person can be summoned: at his dwelling-house; at a
place where he has resided forty days; at the head burgh of the shire
where he ordinarily resorts; or lastly (if there be ground to think him
forth of Scotland) AT THE CROSS OF EDINBURGH, AND THE PIER AND SHORE OF
LEITH, FOR SIXTY DAYS. The purpose of which last provision is evident
upon its face: being that outgoing ships may have time to carry news
of the transaction, and the summonsing be something other than a form.
Now take the case of Alan. He has no dwelling-house that ever I could
hear of; I would be obliged if anyone would show me where he has lived
forty days together since the '45; there is no shire where he resorts
whether ordinarily or extraordinarily; if he has a domicile at all,
which I misdoubt, it must be with his regiment in France; and if he is
not yet forth of Scotland (as we happen to know and they happen to
guess) it must be evident to the most dull it's what he's aiming for.
Where, then, and what way should he be summoned? I ask it at yourself,
a layman."

"You have given the very words," said I. "Here at the cross, and at
the pier and shore of Leith, for sixty days."

"Ye're a sounder Scots lawyer than Prestongrange, then!" cries the
Writer. "He has had Alan summoned once; that was on the twenty-fifth,
the day that we first met. Once, and done with it. And where? Where,
but at the cross of Inverary, the head burgh of the Campbells? A word
in your ear, Mr. Balfour - they're not seeking Alan."

"What do you mean?" I cried. "Not seeking him?"

"By the best that I can make of it," said he. "Not wanting to find
him, in my poor thought. They think perhaps he might set up a fair
defence, upon the back of which James, the man they're really after,
might climb out. This is not a case, ye see, it's a conspiracy."

"Yet I can tell you Prestongrange asked after Alan keenly," said I;
"though, when I come to think of it, he was something of the easiest
put by."

"See that!" says he. "But there! I may be right or wrong, that's
guesswork at the best, and let me get to my facts again. It comes to
my ears that James and the witnesses - the witnesses, Mr. Balfour! -
lay in close dungeons, and shackled forbye, in the military prison at
Fort William; none allowed in to them, nor they to write. The
witnesses, Mr. Balfour; heard ye ever the match of that? I assure ye,
no old, crooked Stewart of the gang ever out-faced the law more
impudently. It's clean in the two eyes of the Act of Parliament of
1700, anent wrongous imprisonment. No sooner did I get the news than I
petitioned the Lord Justice Clerk. I have his word to-day. There's
law for ye! here's justice!"

He put a paper in my hand, that same mealy-mouthed, false-faced paper
that was printed since in the pamphlet "by a bystander," for behoof (as
the title says) of James's "poor widow and five children."

"See," said Stewart, "he couldn't dare to refuse me access to my
client, so he RECOMMENDS THE COMMANDING OFFICER TO LET ME IN.
Recommends! - the Lord Justice Clerk of Scotland recommends. Is not
the purpose of such language plain? They hope the officer may be so
dull, or so very much the reverse, as to refuse the recommendation. I
would have to make the journey back again betwixt here and Fort
William. Then would follow a fresh delay till I got fresh authority,
and they had disavowed the officer - military man, notoriously ignorant
of the law, and that - I ken the cant of it. Then the journey a third
time; and there we should be on the immediate heels of the trial before
I had received my first instruction. Am I not right to call this a
conspiracy?"

"It will bear that colour," said I.

"And I'll go on to prove it you outright," said he. "They have the
right to hold James in prison, yet they cannot deny me to visit him.
They have no right to hold the witnesses; but am I to get a sight of
them, that should be as free as the Lord Justice Clerk himself! See -
read: FOR THE REST, REFUSES TO GIVE ANY ORDERS TO KEEPERS OF PRISONS
WHO ARE NOT ACCUSED AS HAVING DONE ANYTHING CONTRARY TO THE DUTIES OF
THEIR OFFICE. Anything contrary! Sirs! And the Act of seventeen
hunner? Mr. Balfour, this makes my heart to burst; the heather is on
fire inside my wame."

"And the plain English of that phrase," said I, "is that the witnesses
are still to lie in prison and you are not to see them?"

"And I am not to see them until Inverary, when the court is set!" cries
he, "and then to hear Prestongrange upon THE ANXIOUS RESPONSIBILITIES
OF HIS OFFICE AND THE GREAT FACILITIES AFFORDED THE DEFENCE! But I'll
begowk them there, Mr. David. I have a plan to waylay the witnesses
upon the road, and see if I cannae get I a little harle of justice out
of the MILITARY MAN NOTORIOUSLY IGNORANT OF THE LAW that shall command
the party."

It was actually so - it was actually on the wayside near Tynedrum, and
by the connivance of a soldier officer, that Mr. Stewart first saw the
witnesses upon the case.

"There is nothing that would surprise me in this business," I remarked.

"I'll surprise you ere I'm done!" cries he. "Do ye see this?" -
producing a print still wet from the press. "This is the libel: see,
there's Prestongrange's name to the list of witnesses, and I find no
word of any Balfour. But here is not the question. Who do ye think
paid for the printing of this paper?"

"I suppose it would likely be King George," said I.

"But it happens it was me!" he cried. "Not but it was printed by and
for themselves, for the Grants and the Erskines, and yon thief of the
black midnight, Simon Fraser. But could I win to get a copy! No! I
was to go blindfold to my defence; I was to hear the charges for the
first time in court alongst the jury."

"Is not this against the law?" I asked

"I cannot say so much," he replied. "It was a favour so natural and so
constantly rendered (till this nonesuch business) that the law has
never looked to it. And now admire the hand of Providence! A stranger
is in Fleming's printing house, spies a proof on the floor, picks it
up, and carries it to me. Of all things, it was just this libel.
Whereupon I had it set again - printed at the expense of the defence:
SUMPTIBUS MOESTI REI; heard ever man the like of it? - and here it is
for anybody, the muckle secret out - all may see it now. But how do
you think I would enjoy this, that has the life of my kinsman on my
conscience?"

"Troth, I think you would enjoy it ill," said I.

"And now you see how it is," he concluded, "and why, when you tell me
your evidence is to be let in, I laugh aloud in your face."

It was now my turn. I laid before him in brief Mr. Simon's threats and
offers, and the whole incident of the bravo, with the subsequent scene
at Prestongrange's. Of my first talk, according to promise, I said
nothing, nor indeed was it necessary. All the time I was talking
Stewart nodded his head like a mechanical figure; and no sooner had my
voice ceased, than he opened his mouth and gave me his opinion in two
words, dwelling strong on both of them.

"Disappear yourself," said he.

"I do not take you," said I.

"Then I'll carry you there," said he. "By my view of it you're to
disappear whatever. O, that's outside debate. The Advocate, who is
not without some spunks of a remainder decency, has wrung your life-
safe out of Simon and the Duke. He has refused to put you on your
trial, and refused to have you killed; and there is the clue to their
ill words together, for Simon and the Duke can keep faith with neither
friend nor enemy. Ye're not to be tried then, and ye're not to be
murdered; but I'm in bitter error if ye're not to be kidnapped and
carried away like the Lady Grange. Bet me what ye please - there was
their EXPEDIENT!"

"You make me think," said I, and told him of the whistle and the red-
headed retainer, Neil.

"Wherever James More is there's one big rogue, never be deceived on
that," said he. "His father was none so ill a man, though a kenning on
the wrong side of the law, and no friend to my family, that I should
waste my breath to be defending him! But as for James he's a brock and
a blagyard. I like the appearance of this red-headed Neil as little as
yourself. It looks uncanny: fiegh! it smells bad. It was old Lovat
that managed the Lady Grange affair; if young Lovat is to handle yours,
it'll be all in the family. What's James More in prison for? The same
offence: abduction. His men have had practice in the business. He'll
be to lend them to be Simon's instruments; and the next thing we'll be
hearing, James will have made his peace, or else he'll have escaped;
and you'll be in Benbecula or Applecross."

"Ye make a strong case," I admitted.

"And what I want," he resumed, "is that you should disappear yourself
ere they can get their hands upon ye. Lie quiet until just before the
trial, and spring upon them at the last of it when they'll be looking
for you least. This is always supposing Mr. Balfour, that your
evidence is worth so very great a measure of both risk and fash."

"I will tell you one thing," said I. "I saw the murderer and it was
not Alan."

"Then, by God, my cousin's saved!" cried Stewart. "You have his life
upon your tongue; and there's neither time, risk, nor money to be
spared to bring you to the trial." He emptied his pockets on the
floor. "Here is all that I have by me," he went on, "Take it, ye'll
want it ere ye're through. Go straight down this close, there's a way
out by there to the Lang Dykes, and by my will of it! see no more of
Edinburgh till the clash is over."

"Where am I to go, then?" I inquired.

"And I wish that I could tell ye!" says he, "but all the places that I
could send ye to, would be just the places they would seek. No, ye
must fend for yourself, and God be your guiding! Five days before the
trial, September the sixteen, get word to me at the KING ARMS in
Stirling; and if ye've managed for yourself as long as that, I'll see
that ye reach Inverary."

"One thing more," said I. "Can I no see Alan?"

He seemed boggled. "Hech, I would rather you wouldnae," said he. "But
I can never deny that Alan is extremely keen of it, and is to lie this
night by Silvermills on purpose. If you're sure that you're not
followed, Mr. Balfour - but make sure of that - lie in a good place and
watch your road for a clear hour before ye risk it. It would be a
dreadful business if both you and him was to miscarry!"

CHAPTER X - THE RED-HEADED MAN

IT was about half-past three when I came forth on the Lang Dykes. Dean
was where I wanted to go. Since Catriona dwelled there, and her
kinsfolk the Glengyle Macgregors appeared almost certainly to be
employed against me, it was just one of the few places I should have
kept away from; and being a very young man, and beginning to be very
much in love, I turned my face in that direction without pause. As a
slave to my conscience and common sense, however, I took a measure of
precaution. Coming over the crown of a bit of a rise in the road, I
clapped down suddenly among the barley and lay waiting. After a while,
a man went by that looked to be a Highlandman, but I had never seen him
till that hour. Presently after came Neil of the red head. The next
to go past was a miller's cart, and after that nothing but manifest
country people. Here was enough to have turned the most foolhardy from
his purpose, but my inclination ran too strong the other way. I argued
it out that if Neil was on that road, it was the right road to find him
in, leading direct to his chief's daughter; as for the other
Highlandman, if I was to be startled off by every Highlandman I saw, I
would scarce reach anywhere. And having quite satisfied myself with
this disingenuous debate, I made the better speed of it, and came a
little after four to Mrs. Drumond-Ogilvy's.

Both ladies were within the house; and upon my perceiving them together
by the open door, I plucked off my hat and said, "Here was a lad come
seeking saxpence," which I thought might please the dowager.

Catriona ran out to greet me heartily, and, to my surprise, the old
lady seemed scarce less forward than herself. I learned long
afterwards that she had despatched a horseman by daylight to Rankeillor
at the Queensferry, whom she knew to be the doer for Shaws, and had
then in her pocket a letter from that good friend of mine, presenting,
in the most favourable view, my character and prospects. But had I
read it I could scarce have seen more clear in her designs. Maybe I
was COUNTRYFEED; at least, I was not so much so as she thought; and it
was even to my homespun wits, that she was bent to hammer up a match
between her cousin and a beardless boy that was something of a laird in
Lothian.

"Saxpence had better take his broth with us, Catrine," says she. "Run
and tell the lasses."

And for the little while we were alone was at a good deal of pains to
flatter me; always cleverly, always with the appearance of a banter,
still calling me Saxpence, but with such a turn that should rather
uplift me in my own opinion. When Catriona returned, the design became
if possible more obvious; and she showed off the girl's advantages like
a horse-couper with a horse. My face flamed that she should think me
so obtuse. Now I would fancy the girl was being innocently made a show
of, and then I could have beaten the old carline wife with a cudgel;
and now, that perhaps these two had set their heads together to entrap
me, and at that I sat and gloomed betwixt them like the very image of
ill-will. At last the matchmaker had a better device, which was to
leave the pair of us alone. When my suspicions are anyway roused it is
sometimes a little the wrong side of easy to allay them. But though I
knew what breed she was of, and that was a breed of thieves, I could
never look in Catriona's face and disbelieve her.

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