It will be thought I was not very well pleased with all this, though I could scarce forbear smiling at a kind of innocency in these old intriguers. But it was not my view to have undergone so many sorrows for the advancement of Sheriff Miller or to make a revolution in the Parliament House: and I interposed accordingly with as much simplicity of manner as I could assume.
“I have to thank you, gentlemen, for your advice,” said I. “And now I would like, by your leave, to set you two or three questions. There is one thing that has fallen rather on one aide, for instance: Will this cause do any good to our friend James of the Glens?”
They seemed all a hair set back, and gave various answers, but concurring practically in one point, that James had now no hope but in the King’s mercy.
“To proceed, then,” said I, “will it do any good to Scotland? We have a saying that it is an ill bird that fouls his own nest. I remember hearing we had a riot in Edinburgh when I was an infant child, which gave occasion to the late Queen to call this country barbarous; and I always understood that we had rather lost than gained by that. Then came the year ‘Forty-five, which made Scotland to be talked of everywhere; but I never heard it said we had anyway gained by the ‘Forty-five. And now we come to this cause of Mr. Balfour’s, as you call it. Sheriff Miller tells us historical writers are to date from it, and I would not wonder. It is only my fear they would date from it as a period of calamity and public reproach.”
The nimble-witted Miller had already smelt where I was travelling to, and made haste to get on the same road. “Forcibly put, Mr. Balfour,” says he. “A weighty observe, sir.”
“We have next to ask ourselves if it will be good for King George,” I pursued. “Sheriff Miller appears pretty easy upon this; but I doubt you will scarce be able to pull down the house from under him, without his Majesty coming by a knock or two, one of which might easily prove fatal.”
I have them a chance to answer, but none volunteered.
“Of those for whom the case was to be profitable,” I went on, “Sheriff Miller gave us the names of several, among the which he was good enough to mention mine. I hope he will pardon me if I think otherwise. I believe I hung not the least back in this affair while there was life to be saved; but I own I thought myself extremely hazarded, and I own I think it would be a pity for a young man, with some idea of coming to the Bar, to ingrain upon himself the character of a turbulent, factious fellow before he was yet twenty. As for James, it seems - at this date of the proceedings, with the sentence as good as pronounced - he has no hope but in the King’s mercy. May not his Majesty, then, be more pointedly addressed, the characters of these high officers sheltered from the public, and myself kept out of a position which I think spells ruin for me?”
They all sat and gazed into their glasses, and I could see they found my attitude on the affair unpalatable. But Miller was ready at all events.
“If I may be allowed to put my young friend’s notion in more formal shape,” says he, “I understand him to propose that we should embody the fact of his sequestration, and perhaps some heads of the testimony he was prepared to offer, in a memorial to the Crown. This plan has elements of success. It is as likely as any other (and perhaps likelier) to help our client. Perhaps his Majesty would have the goodness to feel a certain gratitude to all concerned in such a memorial, which might be construed into an expression of a very delicate loyalty; and I think, in the drafting of the same, this view might be brought forward.”
They all nodded to each other, not without sighs, for the former alternative was doubtless more after their inclination.
“Paper, then, Mr. Stewart, if you please,” pursued Miller; “and I think it might very fittingly be signed by the five of us here present, as procurators for the condemned man.”‘
“It can do none of us any harm, at least,” says Colstoun, heaving another sigh, for he had seen himself Lord Advocate the last ten minutes.
Thereupon they set themselves, not very enthusiastically, to draft the memorial - a process in the course of which they soon caught fire; and I had no more ado but to sit looking on and answer an occasional question. The paper was very well expressed; beginning with a recitation of the facts about myself, the reward offered for my apprehension, my surrender, the pressure brought to bear upon me; my sequestration; and my arrival at Inverary in time to be too late; going on to explain the reasons of loyalty and public interest for which it was agreed to waive any right of action; and winding up with a forcible appeal to the King’s mercy on behalf of James.
Methought I was a good deal sacrificed, and rather represented in the light of a firebrand of a fellow whom my cloud of lawyers had restrained with difficulty from extremes. But I let it pass, and made but the one suggestion, that I should be described as ready to deliver my own evidence and adduce that of others before any commission of inquiry - and the one demand, that I should be immediately furnished with a copy.
Colstoun hummed and hawed. “This is a very confidential document,” said he.
“And my position towards Prestongrange is highly peculiar,” I replied. “No question but I must have touched his heart at our first interview, so that he has since stood my friend consistently. But for him, gentlemen, I must now be lying dead or awaiting my sentence alongside poor James. For which reason I choose to communicate to him the fact of this memorial as soon as it is copied. You are to consider also that this step will make for my protection. I have enemies here accustomed to drive hard; his Grace is in his own country, Lovat by his side; and if there should hang any ambiguity over our proceedings I think I might very well awake in gaol.”
Not finding any very ready answer to these considerations, my company of advisers were at the last persuaded to consent, and made only this condition that I was to lay the paper before Prestongrange with the express compliments of all concerned.
The Advocate was at the castle dining with his Grace. By the hand of one of Colstoun’s servants I sent him a billet asking for an interview, and received a summons to meet him at once in a private house of the town. Here I found him alone in a chamber; from his face there was nothing to be gleaned; yet I was not so unobservant but what I spied some halberts in the hall, and not so stupid but what I could gather he was prepared to arrest me there and then, should it appear advisable.
“So, Mr. David, this is you?” said he.
“Where I fear I am not overly welcome, my lord,” said I. “And I would like before I go further to express my sense of your lordship’s good offices, even should they now cease.”
“I have heard of your gratitude before,” he replied drily, “and I think this can scarce be the matter you called me from my wine to listen to. I would remember also, if I were you, that you still stand on a very boggy foundation.”
“Not now, my lord, I think,” said I; “and if your lordship will but glance an eye along this, you will perhaps think as I do.”
He read it sedulously through, frowning heavily; then turned back to one part and another which he seemed to weigh and compare the effect of. His face a little lightened.
“This is not so bad but what it might be worse,” said he; “though I am still likely to pay dear for my acquaintance with Mr. David Balfour.”
“Rather for your indulgence to that unlucky young man, my lord,” said I.
He still skimmed the paper, and all the while his spirits seemed to mend.
“And to whom am I indebted for this?” he asked presently. “Other counsels must have been discussed, I think. Who was it proposed this private method? Was it Miller?”
“My lord, it was myself,” said I. “These gentlemen have shown me no such consideration, as that I should deny myself any credit I can fairly claim, or spare them any responsibility they should properly bear. And the mere truth is, that they were all in favour of a process which should have remarkable consequences in the Parliament House, and prove for them (in one of their own expressions) a dripping roast. Before I intervened, I think they were o
n the point of sharing out the different law appointments. Our friend Mr. Simon was to be taken in upon some composition.”
Prestongrange smiled. “These are our friends,” said he. “And what were your reasons for dissenting, Mr. David?”
I told them without concealment, expressing, however, with more force and volume those which regarded Prestongrange himself.
“You do me no more than justice,” said he. “I have fought as hard in your interest as you have fought against mine. And how came you here to-day?” he asked. “As the case drew out, I began to grow uneasy that I had clipped the period so fine, and I was even expecting you to-morrow. But to-day - I never dreamed of it.”
I was not of course, going to betray Andie.
“I suspect there is some very weary cattle by the road,” said I
“If I had known you were such a mosstrooper you should have tasted longer of the Bass,” says he.
“Speaking of which, my lord, I return your letter.” And I gave him the enclosure in the counterfeit hand.
“There was the cover also with the seal,” said he.
“I have it not,” said I. “It bore not even an address, and could not compromise a cat. The second enclosure I have, and with your permission, I desire to keep it.”
I thought he winced a little, but he said nothing to the point. “To-morrow,” he resumed, “our business here is to be finished, and I proceed by Glasgow. I would be very glad to have you of my party, Mr David.”
“My lord . . .” I began.
“I do not deny it will be of service to me,” he interrupted. “I desire even that, when we shall come to Edinburgh, you should alight at my house. You have very warm friends in the Miss Grants, who will be overjoyed to have you to themselves. If you think I have been of use to you, you can thus easily repay me, and so far from losing, may reap some advantage by the way. It is not every strange young man who is presented in society by the King’s Advocate.”
Often enough already (in our brief relations) this gentleman had caused my head to spin; no doubt but what for a moment he did so again now. Here was the old fiction still maintained of my particular favour with his daughters, one of whom had been so good as to laugh at me, while the other two had scarce deigned to remark the fact of my existence. And now I was to ride with my lord to Glasgow; I was to dwell with him in Edinburgh; I was to be brought into society under his protection! That he should have so much good-nature as to forgive me was surprising enough; that he could wish to take me up and serve me seemed impossible; and I began to seek some ulterior meaning. One was plain. If I became his guest, repentance was excluded; I could never think better of my present design and bring any action. And besides, would not my presence in his house draw out the whole pungency of the memorial? For that complaint could not be very seriously regarded, if the person chiefly injured was the guest of the official most incriminated. As I thought upon this I could not quite refrain from smiling.
“This is in the nature of a countercheck to the memorial?” said I.
“You are cunning, Mr. David,” said he, “and you do not wholly guess wrong the fact will be of use to me in my defence. Perhaps, however, you underrate friendly sentiments, which are perfectly genuine. I have a respect for you, David, mingled with awe,” says he, smiling.
“I am more than willing, I am earnestly desirous to meet your wishes,” said I. “It is my design to be called to the Bar, where your lordship’s countenance would be invaluable; and I am besides sincerely grateful to yourself and family for different marks of interest and of indulgence. The difficulty is here. There is one point in which we pull two ways. You are trying to hang James Stewart, I am trying to save him. In so far as my riding with you would better your lordship’s defence, I am at your lordships orders; but in so far as it would help to hang James Stewart, you see me at a stick.”
I thought he swore to himself. “You should certainly be called; the Bar is the true scene for your talents,” says he, bitterly, and then fell a while silent. “I will tell you,” he presently resumed, “there is no question of James Stewart, for or against, James is a dead man; his life is given and taken - bought (if you like it better) and sold; no memorial can help - no defalcation of a faithful Mr. David hurt him. Blow high, blow low, there will be no pardon for James Stewart: and take that for said! The question is now of myself: am I to stand or fall? and I do not deny to you that I am in some danger. But will Mr. David Balfour consider why? It is not because I pushed the case unduly against James; for that, I am sure of condonation. And it is not because I have sequestered Mr. David on a rock, though it will pass under that colour; but because I did not take the ready and plain path, to which I was pressed repeatedly, and send Mr. David to his grave or to the gallows. Hence the scandal - hence this damned memorial,” striking the paper on his leg. “My tenderness for you has brought me in this difficulty. I wish to know if your tenderness to your own conscience is too great to let you help me out of it.”
No doubt but there was much of the truth in what he said; if James was past helping, whom was it more natural that I should turn to help than just the man before me, who had helped myself so often, and was even now setting me a pattern of patience? I was besides not only weary, but beginning to be ashamed, of my perpetual attitude of suspicion and refusal
“If you will name the time and place, I will be punctually ready to attend your lordship,” said I.
He shook hands with me. “And I think my misses have some news for you,” says he, dismissing me.
I came away, vastly pleased to have my peace made, yet a little concerned in conscience; nor could I help wondering, as I went back, whether, perhaps, I had not been a scruple too good-natured. But there was the fact, that this was a man that might have been my father, an able man, a great dignitary, and one that, in the hour of my need, had reached a hand to my assistance. I was in the better humour to enjoy the remainder of that evening, which I passed with the advocates, in excellent company no doubt, but perhaps with rather more than a sufficiency of punch: for though I went early to bed I have no clear mind of how I got there.
CHAPTER XVIII - THE TEE’D BALL
On the morrow, from the justices’ private room, where none could see me, I heard the verdict given in and judgment rendered upon James. The Duke’s words I am quite sure I have correctly; and since that famous passage has been made a subject of dispute, I may as well commemorate my version. Having referred to the year ‘45, the chief of the Campbells, sitting as Justice-General upon the bench, thus addressed the unfortunate Stewart before him: “If you had been successful in that rebellion, you might have been giving the law where you have now received the judgment of it; we, who are this day your judges, might have been tried before one of your mock courts of judicature; and then you might have been satiated with the blood of any name or clan to which you had an aversion.”
“This is to let the cat out of the bag, indeed,” thought I. And that was the general impression. It was extraordinary how the young advocate lads took hold and made a mock of this speech, and how scarce a meal passed but what someone would get in the words: “And then you might have been satiated.” Many songs were made in time for the hour’s diversion, and are near all forgot. I remember one began:
“What do ye want the bluid of, bluid of?
Is it a name, or is it a clan,
Or is it an aefauld Hielandman,
That ye want the bluid of, bluid of?”
Another went to my old favourite air, The House of Airlie, and began thus:
“It fell on a day when Argyle was on the bench,
That they served him a Stewart for his denner.”
And one of the verses ran:
“Then up and spak’ the Duke, and flyted on his cook,
I regard it as a sensible aspersion,
That I would sup ava’, an’ satiate my maw,
With the bluid of ony clan of my aversion.”
James was as fairly murdered as though the Duke had g
ot a fowling-piece and stalked him. So much of course I knew: but others knew not so much, and were more affected by the items of scandal that came to light in the progress of the cause. One of the chief was certainly this sally of the justice’s. It was run hard by another of a juryman, who had struck into the midst of Coulston’s speech for the defence with a “Pray, sir, cut it short, we are quite weary,” which seemed the very excess of impudence and simplicity. But some of my new lawyer friends were still more staggered with an innovation that had disgraced and even vitiated the proceedings. One witness was never called. His name, indeed, was printed, where it may still be seen on the fourth page of the list: “James Drummond, alias Macgregor, alias James More, late tenant in Inveronachile”; and his precognition had been taken, as the manner is, in writing. He had remembered or invented (God help him) matter which was lead in James Stewart’s shoes, and I saw was like to prove wings to his own. This testimony it was highly desirable to bring to the notice of the jury, without exposing the man himself to the perils of cross-examination; and the way it was brought about was a matter of surprise to all. For the paper was handed round (like a curiosity) in court; passed through the jury-box, where it did its work; and disappeared again (as though by accident) before it reached the counsel for the prisoner. This was counted a most insidious device; and that the name of James More should be mingled up with it filled me with shame for Catriona and concern for myself.
The following day, Prestongrange and I, with a considerable company, set out for Glasgow, where (to my impatience) we continued to linger some time in a mixture of pleasure and affairs. I lodged with my lord, with whom I was encouraged to familiarity; had my place at entertainments; was presented to the chief guests; and altogether made more of than I thought accorded either with my parts or station; so that, on strangers being present, I would often blush for Prestongrange. It must be owned the view I had taken of the world in these last months was fit to cast a gloom upon my character. I had met many men, some of them leaders in Israel whether by their birth or talents; and who among them all had shown clean hands? As for the Browns and Millers, I had seen their self-seeking, I could never again respect them. Prestongrange was the best yet; he had saved me, spared me rather, when others had it in their minds to murder me outright; but the blood of James lay at his door; and I thought his present dissimulation with myself a thing below pardon. That he should affect to find pleasure in my discourse almost surprised me out of my patience. I would sit and watch him with a kind of a slow fire of anger in my bowels. “Ah, friend, friend,” I would think to myself, “if you were but through with this affair of the memorial, would you not kick me in the streets?” Here I did him, as events have proved, the most grave injustice; and I think he was at once far more sincere, and a far more artful performer, than I supposed.
Complete Works of Robert Louis Stevenson (Illustrated) Page 192
