Rob Roy

by Walter Dill Scott

  The Justice, whose eyes had closed under the influence of the somniferous lullaby of the song, started up in his chair as it suddenly ceased, and stared with wonder at the unexpected addition which the company had received while his organs of sight were in abeyance. The clerk, as I conjectured him to be from his appearance, was also commoved; for, sitting opposite to Mr. Morris, that honest gentleman's terror communicated itself to him, though he wotted not why.

  I broke the silence of surprise occasioned by my abrupt entrance.---``My name, Mr. Inglewood, is Francis Osbaldistone; I understand that some scoundrel has brought a complaint before you, charging me with being concerned in a loss which he says he has sustained.''

  ``Sir,'' said the Justice, somewhat peevishly, ``these are matters I never enter upon after dinner;---there is a time for everything, and a justice of peace must eat as well as other folks.''

  The goodly person of Mr. Inglewood, by the way, seemed by no means to have suffered by any fasts, whether in the service of the law or of religion.

  ``I beg pardon for an ill-timed visit, sir; but as my reputation is concerned, and as the dinner appears to be concluded''-------

  ``It is not concluded, sir,'' replied the magistrate; ``man requires digestion as well as food, and I protest I cannot have benefit from my victuals unless I am allowed two hours of quiet leisure, intermixed with harmless mirth, and a moderate circulation of the bottle.''

  ``If your honour will forgive me,'' said Mr. Jobson, who had produced and arranged his writing implements in the brief space that our conversation afforded; ``as this is a case of felony, and the gentleman seems something impatient, the charge is contra pacem domini regis''------

  ``D---n dominie regis!'' said the impatient Justice---``I hope it's no treason to say so; but it's enough to made one mad to be worried in this way. Have I a moment of my life quiet for warrants, orders, directions, acts, bails, bonds, and recognisances? ---I pronounce to you, Mr. Jobson, that I shall send you and the justiceship to the devil one of these days.''

  ``Your honour will consider the dignity of the office one of the quorum and custos rotulorum, an office of which Sir Edward Coke wisely saith, The whole Christian world hath not the like of it, so it be duly executed.''

  ``Well,'' said the Justice, partly reconciled by this eulogium on the dignity of his situation, and gulping down the rest of his dissatisfaction in a huge bumper of claret, ``let us to this gear then, and get rid of it as fast as we can.---Here you, sir--- you, Morris---you, knight of the sorrowful countenance---is this Mr. Francis Osbaldistone the gentleman whom you charge with being art and part of felony?''

  ``I, sir?'' replied Morris, whose scattered wits had hardly yet reassembled themselves; ``I charge nothing---I say nothing against the gentleman,''

  ``Then we dismiss your complaint, sir, that's all, and a good riddance---Push about the bottle---Mr. Osbaldistone, help yourself.''

  Jobson, however, was determined that Morris should not back out of the scrape so easily. ``What do you mean, Mr. Morris?---Here is your own declaration---the ink scarce dried--- and you would retract it in this scandalous manner!''

  ``How do I know,'' whispered the other in a tremulous tone, ``how many rogues are in the house to back him? I have read of such things in Johnson's Lives of the Highwaymen. I protest the door opens''------

  And it did open, and Diana Vernon entered---``You keep fine order here, Justice---not a servant to be seen or heard of.''

  ``Ah!'' said the Justice, starting up with an alacrity which showed that he was not so engrossed by his devotions to Themis or Comus, as to forget what was due to beauty---``Ah, ha! Die Vernon, the heath-bell of Cheviot, and the blossom of the Border, come to see how the old bachelor keeps house? Art welcome, girl, as flowers in May.''

  ``A fine, open, hospitable house you do keep, Justice, that must be allowed---not a soul to answer a visitor.''

  ``Ah, the knaves! they reckoned themselves secure of me for a couple of hours---But why did you not come earlier?--- Your cousin Rashleigh dined here, and ran away like a poltroon after the first bottle was out---But you have not dined---we'll have something nice and ladylike---sweet and pretty like yourself, tossed up in a trice.''

  ``I may eat a crust in the ante-room before I set out,'' answered Miss Vernon---``I have had a long ride this morning; but I can't stay long, Justice---I came with my cousin, Frank Osbaldistone, there, and I must show him the way back again to the Hall, or he'll lose himself in the wolds.''

  ``Whew! sits the wind in that quarter?'' inquired the Justice---

  ``She showed him the way, she showed him the way, She showed him the way to woo.

  What! no luck for old fellows, then, my sweet bud of the wilderness?''

  ``None whatever, Squire Inglewood; but if you will be a good kind Justice, and despatch young Frank's business, and let us canter home again, I'll bring my uncle to dine with you next week, and we'll expect merry doings.''

  ``And you shall find them, my pearl of the Tyne---Zookers, lass, I never envy these young fellows their rides and scampers, unless when you come across me. But I must not keep you just now, I suppose?---I am quite satisfied with Mr. Francis Osbaldistone's explanation---here has been some mistake, which can be cleared at greater leisure.''

  ``Pardon me, sir,'' said I; ``but I have not heard the nature of the accusation yet.''

  ``Yes, sir,'' said the clerk, who, at the appearance of Miss Vernon, had given up the matter in despair, but who picked up courage to press farther investigation on finding himself supported from a quarter whence assuredly he expected no backing---``Yes, sir, and Dalton saith, That he who is apprehended as a felon shall not be discharged upon any man's discretion, but shall be held either to bail or commitment, paying to the clerk of the peace the usual fees for recognisance or commitment.''

  The Justice, thus goaded on, gave me at length a few words of explanation.

  It seems the tricks which I had played to this man Morris had made a strong impression on his imagination; for I found they had been arrayed against me in his evidence, with all the exaggerations which a timorous and heated imagination could suggest. It appeared also, that on the day he parted from me, he had been stopped on a solitary spot and eased of his beloved travelling-companion, the portmanteau, by two men, well mounted and armed, having their faces covered with vizards.

  One of them, he conceived, had much of my shape and air, and in a whispering conversation which took place betwixt the freebooters, he heard the other apply to him the name of Osbaldistone. The declaration farther set forth, that upon inquiring into the principles of the family so named, he, the said declarant, was informed that they were of the worst description, the family, in all its members, having been Papists and Jacobites, as he was given to understand by the dissenting clergyman at whose house he stopped after his rencontre, since the days of William the Conqueror.

  Upon all and each of these weighty reasons, he charged me with being accessory to the felony committed upon his person; he, the said declarant, then travelling in the special employment of Government, and having charge of certain important papers, and also a large sum in specie, to be paid over, according to his instructions, to certain persons of official trust and importance in Scotland.

  Having heard this extraordinary accusation, I replied to it, that the circumstances on which it was founded were such as could warrant no justice, or magistrate, in any attempt on my personal liberty. I admitted that I had practised a little upon the terrors of Mr. Morris, while we travelled together, but in such trifling particulars as could have excited apprehension in no one who was one whit less timorous and jealous than himself. But I added, that I had never seen him since we parted, and if that which he feared had really come upon him, I was in nowise accessory to an action so unworthy of my character and station in life. That one of the robbers was called Osbaldistone, or that such a name was mentioned in the course of the conversation betwixt them, was a trifling circumstance, to which no weight was due. And concerning t
he disaffection alleged against me, I was willing to prove, to the satisfaction of the Justice, the clerk, and even the witness himself, that I was of the same persuasion as his friend the dissenting clergyman; had been educated as a good subject in the principles of the Revolution, and as such now demanded the personal protection of the laws which had been assured by that great event.

  The Justice fidgeted, took snuff, and seemed considerably embarrassed, while Mr. Attorney Jobson, with all the volubility of his profession, ran over the statute of the 34 Edward III., by which justices of the peace are allowed to arrest all those whom they find by indictment or suspicion, and to put them into prison. The rogue even turned my own admissions against me, alleging, ``that since I had confessedly, upon my own showing, assumed the bearing or deportment of a robber or malefactor, I had voluntarily subjected myself to the suspicions of which I complained, and brought myself within the compass of the act, having wilfully clothed my conduct with all the colour and livery of guilt.''

  I combated both his arguments and his jargon with much indignation and scorn, and observed, ``That I should, if necessary, produce the bail of my relations, which I conceived could not be refused, without subjecting the magistrate in a misdemeanour.''

  ``Pardon me, my good sir---pardon me,'' said the insatiable clerk; ``this is a case in which neither bail nor mainprize can be received, the felon who is liable to be committed on heavy grounds of suspicion, not being replevisable under the statute of the 3d of King Edward, there being in that act an express exception of such as be charged of commandment, or force, and aid of felony done;'' and he hinted that his worship would do well to remember that such were no way replevisable by common writ, nor without writ.

  At this period of the conversation a servant entered, and delivered a letter to Mr. Jobson. He had no sooner run it hastily over, than he exclaimed, with the air of one who wished to appear much vexed at the interruption, and felt the consequence attached to a man of multifarious avocations---``Good God!---why, at this rate, I shall have neither time to attend to the public concerns nor my own---no rest---no quiet---I wish to Heaven another gentleman in our line would settle here!''

  ``God forbid!'' said the Justice in a tone of sotto-voce deprecation; ``some of us have enough of one of the tribe.''

  ``This is a matter of life and death, if your worship pleases.''

  ``In God's name! no more justice business, I hope,'' said the alarmed magistrate.

  ``No---no,'' replied Mr. Jobson, very consequentially; ``old Gaffer Rutledge of Grime's-hill is subpoenaed for the next world; he has sent an express for Dr. Kill-down to put in bail---another for me to arrange his worldly affairs.''

  ``Away with you, then,'' said Mr. Inglewood, hastily; ``his may not be a replevisable case under the statute, you know, or Mr. Justice Death may not like the doctor for a main pernor, or bailsman.''

  ``And yet,'' said Jobson, lingering as he moved towards the door, ``if my presence here be necessary---I could make out the warrant for committal in a moment, and the constable is below ---And you have heard,'' he said, lowering his voice, ``Mr. Rashleigh's opinion''---the rest was lost in a whisper.

  The Justice replied aloud, ``I tell thee no, man, no---we'll do nought till thou return, man; 'tis but a four-mile ride---Come, push the bottle, Mr. Morris---Don't be cast down, Mr. Osbaldistone ---And you, my rose of the wilderness---one cup of claret to refresh the bloom of your cheeks.''

  Diana started, as if from a reverie, in which she appeared to have been plunged while we held this discussion. ``No, Justice ---I should be afraid of transferring the bloom to a part of my face where it would show to little advantage; but I will pledge you in a cooler beverage;'' and filling a glass with water, she drank it hastily, while her hurried manner belied her assumed gaiety.

  I had not much leisure to make remarks upon her demeanour, however, being full of vexation at the interference of fresh obstacles to an instant examination of the disgraceful and impertinent charge which was brought against me. But there was no moving the Justice to take the matter up in absence of his clerk, an incident which gave him apparently as much pleasure as a holiday to a schoolboy. He persisted in his endeavours to inspire jollity into a company, the individuals of which, whether considered with reference to each other, or to their respective situations, were by no means inclined to mirth. ``Come, Master Morris, you're not the first man that's been robbed, I trow---grieving ne'er brought back loss, man. And you, Mr. Frank Osbaldistone, are not the first bully-boy that has said stand to a true man. There was Jack Winterfield, in my young days, kept the best company in the land---at horse-races and cock-fights who but he---hand and glove was I with Jack. Push the bottle, Mr. Morris, it's dry talking---Many quart bumpers have I cracked, and thrown many a merry main with poor Jack---good family---ready wit---quick eye---as honest a fellow, barring the deed he died for---we'll drink to his memory, gentlemen---Poor Jack Winterfield---And since we talk of him, and of those sort of things, and since that d---d clerk of mine has taken his gibberish elsewhere, and since we're snug among ourselves, Mr. Osbaldistone, if you will have my best advice, I would take up this matter---the law's hard---very severe--- hanged poor Jack Winterfield at York, despite family connections and great interest, all for easing a fat west-country grazier of the price of a few beasts---Now, here is honest Mr. Morris, has been frightened, and so forth---D---n it, man, let the poor fellow have back his portmanteau, and end the frolic at once.''

  Morris's eyes brightened up at this suggestion, and he began to hesitate forth an assurance that he thirsted for no man's blood, when I cut the proposed accommodation short, by resenting the Justice's suggestion as an insult, that went directly to suppose me guilty of the very crime which I had come to his house with the express intention of disavowing. We were in this awkward predicament when a servant, opening the door, announced, ``A strange gentleman to wait upon his honour;'' and the party whom he thus described entered the room without farther ceremony.

  CHAPTER NINTH.

  One of the thieves come back again! I'll stand close,

  He dares not wrong me now, so near the house,

  And call in vain 'tis, till I see him offer it.

  The Widow.

  ``A stranger!'' echoed the Justice---``not upon business, I trust, for I'll be''------

  His protestation was cut short by the answer of the man himself. ``My business is of a nature somewhat onerous and particular,'' said my acquaintance, Mr. Campbell---for it was he, the very Scotchman whom I had seen at Northallerton--- ``and I must solicit your honour to give instant and heedful consideration to it.---I believe, Mr. Morris,'' he added, fixing his eye on that person with a look of peculiar firmness and almost ferocity---``I believe ye ken brawly what I am---I believe ye cannot have forgotten what passed at our last meeting on the road?'' Morris's jaw dropped---his countenance became the colour of tallow---his teeth chattered, and he gave visible signs of the utmost consternation. ``Take heart of grace, man,'' said Campbell, ``and dinna sit clattering your jaws there like a pair of castanets! I think there can be nae difficulty in your telling Mr. Justice, that ye have seen me of yore, and ken me to be a cavalier of fortune, and a man of honour. Ye ken fu' weel ye will be some time resident in my vicinity, when I may have the power, as I will possess the inclination, to do you as good a turn.''

  ``Sir---sir---I believe you to be a man of honour, and, as you say, a man of fortune. Yes, Mr. Inglewood,'' he added, clearing his voice, ``I really believe this gentleman to be so.''

  ``And what are this gentleman's commands with me?'' said the Justice, somewhat peevishly. ``One man introduces another, like the rhymes in the `house that Jack built,' and I get company without either peace or conversation!''

  ``Both shall be yours, sir,'' answered Campbell, ``in a brief period of time. I come to release your mind from a piece of troublesome duty, not to make increment to it.''

  ``Body o' me! then you are welcome as ever Scot was to England, and that's not saying much. But get on, man---
let's hear what you have got to say at once.''

  ``I presume, this gentleman,'' continued the North Briton, ``told you there was a person of the name of Campbell with him, when he had the mischance to lose his valise?''

  ``He has not mentioned such a name, from beginning to end of the matter,'' said the Justice.

  ``Ah! I conceive---I conceive,'' replied Mr. Campbell;--- ``Mr. Morris was kindly afeared of committing a stranger into collision wi' the judicial forms of the country; but as I understand my evidence is necessary to the compurgation of one honest gentleman here, Mr. Francis Osbaldistone, wha has been most unjustly suspected, I will dispense with the precaution. Ye will therefore'' (he added addressing Morris with the same determined look and accent) ``please tell Mr. Justice Inglewood, whether we did not travel several miles together on the road, in consequence of your own anxious request and suggestion, reiterated ance and again, baith on the evening that we were at Northallerton, and there declined by me, but afterwards accepted, when I overtook ye on the road near Cloberry Allers, and was prevailed on by you to resign my ain intentions of proceeding to Rothbury; and, for my misfortune, to accompany you on your proposed route.''

  ``It's a melancholy truth,'' answered Morris, holding down his head, as he gave this general assent to the long and leading question which Campbell put to him, and seemed to acquiesce in the statement it contained with rueful docility.

  ``And I presume you can also asseverate to his worship, that no man is better qualified than I am to bear testimony in this case, seeing that I was by you, and near you, constantly during the whole occurrence.''

  ``No man better qualified, certainly,'' said Morris, with a deep and embarrassed sigh.

  ``And why the devil did you not assist him, then,'' said the Justice, ``since, by Mr. Morris's account, there were but two robbers; so you were two to two, and you are both stout likely men?''