by Walter Scott
David Deans had been present on this memorable occasion, although too young to be a speaker among the polemical combatants. His brain, however, had been thoroughly heated by the noise, clamour, and metaphysical ingenuity of the discussion, and it was a controversy to which his mind had often returned; and though he carefully disguised his vacillation from others, and, perhaps from himself, he had never been able to come to any precise line of decision on the subject. In fact, his natural sense had acted as a counterpoise to his controversial zeal. He was by no means pleased with the quiet and indifferent manner in which King William's government slurred over the errors of the times, when, far from restoring the Presbyterian kirk to its former supremacy, they passed an act of oblivion even to those who had been its persecutors, and bestowed on many of them titles, favours, and employments. When, in the first General Assembly which succeeded the Revolution, an overture was made for the revival of the League and Covenant, it was with horror that Douce David heard the proposal eluded by the men of carnal wit and policy, as he called them, as being inapplicable to the present times, and not falling under the modern model of the church. The reign of Queen Anne had increased his conviction, that the Revolution government was not one of the true Presbyterian complexion. But then, more sensible than the bigots of his sect, he did not confound the moderation and tolerance of these two reigns with the active tyranny and oppression exercised in those of Charles II. and James II. The Presbyterian form of religion, though deprived of the weight formerly attached to its sentences of excommunication, and compelled to tolerate the coexistence of Episcopacy, and of sects of various descriptions, was still the National Church; and though the glory of the second temple was far inferior to that which had flourished from 1639 till the battle of Dunbar, still it was a structure that, wanting the strength and the terrors, retained at least the form and symmetry, of the original model. Then came the insurrection in 1715, and David Deans's horror for the revival of the Popish and prelatical faction reconciled him greatly to the government of King George, although he grieved that that monarch might be suspected of a leaning unto Erastianism. In short, moved by so many different considerations, he had shifted his ground at different times concerning the degree of freedom which he felt in adopting any act of immediate acknowledgment or submission to the present government, which, however mild and paternal, was still uncovenanted, and now he felt himself called upon, by the most powerful motive conceivable, to authorise his daughter's giving testimony in a court of justice, which all who have been since called Cameronians accounted a step of lamentable and direct defection. The voice of nature, however, exclaimed loud in his bosom against the dictates of fanaticism; and his imagination, fertile in the solution of polemical difficulties, devised an expedient for extricating himself from the fearful dilemma, in which he saw, on the one side, a falling off from principle, and, on the other, a scene from which a father's thoughts could not but turn in shuddering horror.
"I have been constant and unchanged in my testimony," said David Deans; "but then who has said it of me, that I have judged my neighbour over closely, because he hath had more freedom in his walk than I have found in mine? I never was a separatist, nor for quarrelling with tender souls about mint, cummin, or other the lesser tithes. My daughter Jean may have a light in this subject that is hid frae my auld een—it is laid on her conscience, and not on mine—If she hath freedom to gang before this judicatory, and hold up her hand for this poor castaway, surely I will not say she steppeth over her bounds; and if not"—He paused in his mental argument, while a pang of unutterable anguish convulsed his features, yet, shaking it off, he firmly resumed the strain of his reasoning—"And if not—God forbid that she should go into defection at bidding of mine! I wunna fret the tender conscience of one bairn—no, not to save the life of the other."
A Roman would have devoted his daughter to death from different feelings and motives, but not upon a more heroic principle of duty.
CHAPTER EIGHTEENTH.
To man, in this his trial state,
The privilege is given,
When tost by tides of human fate,
To anchor fast on heaven.
Watts's Hymns.
It was with a firm step that Deans sought his daughter's apartment, determined to leave her to the light of her own conscience in the dubious point of casuistry in which he supposed her to be placed.
The little room had been the sleeping apartment of both sisters, and there still stood there a small occasional bed which had been made for Effie's accommodation, when, complaining of illness, she had declined to share, as in happier times, her sister's pillow. The eyes of Deans rested involuntarily, on entering the room, upon this little couch, with its dark-green coarse curtains, and the ideas connected with it rose so thick upon his soul as almost to incapacitate him from opening his errand to his daughter. Her occupation broke the ice. He found her gazing on a slip of paper, which contained a citation to her to appear as a witness upon her sister's trial in behalf of the accused. For the worthy magistrate, determined to omit no chance of doing Effie justice, and to leave her sister no apology for not giving the evidence which she was supposed to possess, had caused the ordinary citation, or subpoena, of the Scottish criminal court, to be served upon her by an officer during his conference with David.
This precaution was so far favourable to Deans, that it saved him the pain of entering upon a formal explanation with his daughter; he only said, with a hollow and tremulous voice, "I perceive ye are aware of the matter."
"O father, we are cruelly sted between God's laws and man's laws—What shall we do?—What can we do?"
Jeanie, it must be observed, had no hesitation whatever about the mere act of appearing in a court of justice. She might have heard the point discussed by her father more than once; but we have already noticed that she was accustomed to listen with reverence to much which she was incapable of understanding, and that subtle arguments of casuistry found her a patient, but unedified hearer. Upon receiving the citation, therefore, her thoughts did not turn upon the chimerical scruples which alarmed her father's mind, but to the language which had been held to her by the stranger at Muschat's Cairn. In a word, she never doubted but she was to be dragged forward into the court of justice, in order to place her in the cruel position of either sacrificing her sister by telling the truth, or committing perjury in order to save her life. And so strongly did her thoughts run in this channel, that she applied her father's words, "Ye are aware of the matter," to his acquaintance with the advice that had been so fearfully enforced upon her. She looked up with anxious surprise, not unmingled with a cast of horror, which his next words, as she interpreted and applied them, were not qualified to remove.
"Daughter," said David, "it has ever been my mind, that in things of ane doubtful and controversial nature, ilk Christian's conscience suld be his ain guide—Wherefore descend into yourself, try your ain mind with sufficiency of soul exercise, and as you sall finally find yourself clear to do in this matter—even so be it."
"But, father," said Jeanie, whose mind revolted at the construction which she naturally put upon his language, "can this-this be a doubtful or controversial matter?—Mind, father, the ninth command—'Thou shalt not bear false witness against thy neighbour.'"
David Deans paused; for, still applying her speech to his preconceived difficulties, it seemed to him as if she, a woman, and a sister, was scarce entitled to be scrupulous upon this occasion, where he, a man, exercised in the testimonies of that testifying period, had given indirect countenance to her following what must have been the natural dictates of her own feelings. But he kept firm his purpose, until his eyes involuntarily rested upon the little settle-bed, and recalled the form of the child of his old age, as she sate upon it, pale, emaciated, and broken-hearted. His mind, as the picture arose before him, involuntarily conceived, and his tongue involuntarily uttered—but in a tone how different from his usual dogmatical precision!—arguments for the course of conduct likely
to ensure his child's safety.
"Daughter," he said, "I did not say that your path was free from stumbling—and, questionless, this act may be in the opinion of some a transgression, since he who beareth witness unlawfully, and against his conscience, doth in some sort bear false witness against his neighbour. Yet in matters of compliance, the guilt lieth not in the compliance sae muckle, as in the mind and conscience of him that doth comply; and, therefore, although my testimony hath not been spared upon public defections, I haena felt freedom to separate mysell from the communion of many who have been clear to hear those ministers who have taken the fatal indulgence because they might get good of them, though I could not."
When David had proceeded thus far, his conscience reproved him, that he might be indirectly undermining the purity of his daughter's faith, and smoothing the way for her falling off from strictness of principle. He, therefore, suddenly stopped, and changed his tone:—"Jeanie, I perceive that our vile affections,—so I call them in respect of doing the will of our Father,—cling too heavily to me in this hour of trying sorrow, to permit me to keep sight of my ain duty, or to airt you to yours. I will speak nae mair anent this overtrying matter—Jeanie, if ye can, wi' God and gude conscience, speak in favour of this puir unhappy"—(here his voice faltered)—"She is your sister in the flesh—worthless and castaway as she is, she is the daughter of a saint in heaven, that was a mother to you, Jeanie, in place of your ain—but if ye arena free in conscience to speak for her in the court of judicature, follow your conscience, Jeanie, and let God's will be done." After this adjuration he left the apartment, and his daughter remained in a state of great distress and perplexity.
It would have been no small addition to the sorrows of David Deans, even in this extremity of suffering, had he known that his daughter was applying the casuistical arguments which he had been using, not in the sense of a permission to follow her own opinion on a dubious and disputed point of controversy, but rather as an encouragement to transgress one of those divine commandments which Christians of all sects and denominations unite in holding most sacred.
"Can this be?" said Jeanie, as the door closed on her father—"Can these be his words that I have heard, or has the Enemy taken his voice and features to give weight unto the counsel which causeth to perish?—a sister's life, and a father pointing out how to save it!—O God, deliver me!—this is a fearfu' temptation."
Roaming from thought to thought, she at one time imagined her father understood the ninth commandment literally, as prohibiting false witness against our neighbour, without extending the denunciation against falsehood uttered in favour of the criminal. But her clear and unsophisticated power of discriminating between good and evil, instantly rejected an interpretation so limited, and so unworthy of the Author of the law. She remained in a state of the most agitating terror and uncertainty—afraid to communicate her thoughts freely to her father, lest she should draw forth an opinion with which she could not comply,—wrung with distress on her sister's account, rendered the more acute by reflecting that the means of saving her were in her power, but were such as her conscience prohibited her from using,—tossed, in short, like a vessel in an open roadstead during a storm, and, like that vessel, resting on one only sure cable and anchor,—faith in Providence, and a resolution to discharge her duty.
Butler's affection and strong sense of religion would have been her principal support in these distressing circumstances, but he was still under restraint, which did not permit him to come to St. Leonard's Crags; and her distresses were of a nature, which, with her indifferent habits of scholarship, she found it impossible to express in writing. She was therefore compelled to trust for guidance to her own unassisted sense of what was right or wrong. It was not the least of Jeanie's distresses, that, although she hoped and believed her sister to be innocent, she had not the means of receiving that assurance from her own mouth.
The double-dealing of Ratcliffe in the matter of Robertson had not prevented his being rewarded, as double-dealers frequently have been, with favour and preferment. Sharpitlaw, who found in him something of a kindred genius, had been intercessor in his behalf with the magistrates, and the circumstance of his having voluntarily remained in the prison, when the doors were forced by the mob, would have made it a hard measure to take the life which he had such easy means of saving. He received a full pardon; and soon afterwards, James Ratcliffe, the greatest thief and housebreaker in Scotland, was, upon the faith, perhaps, of an ancient proverb, selected as a person to be entrusted with the custody of other delinquents.
When Ratcliffe was thus placed in a confidential situation, he was repeatedly applied to by the sapient Saddletree and others, who took some interest in the Deans family, to procure an interview between the sisters; but the magistrates, who were extremely anxious for the apprehension of Robertson, had given strict orders to the contrary, hoping that, by keeping them separate, they might, from the one or the other, extract some information respecting that fugitive. On this subject Jeanie had nothing to tell them. She informed Mr. Middleburgh, that she knew nothing of Robertson, except having met him that night by appointment to give her some advice respecting her sister's concern, the purport of which, she said, was betwixt God and her conscience. Of his motions, purposes, or plans, past, present, or future, she knew nothing, and so had nothing to communicate.
Effie was equally silent, though from a different cause. It was in vain that they offered a commutation and alleviation of her punishment, and even a free pardon, if she would confess what she knew of her lover. She answered only with tears; unless, when at times driven into pettish sulkiness by the persecution of the interrogators, she made them abrupt and disrespectful answers.
At length, after her trial had been delayed for many weeks, in hopes she might be induced to speak out on a subject infinitely more interesting to the magistracy than her own guilt or innocence, their patience was worn out, and even Mr. Middleburgh finding no ear lent to farther intercession in her behalf, the day was fixed for the trial to proceed.
It was now, and not sooner, that Sharpitlaw, recollecting his promise to Effie Deans, or rather being dinned into compliance by the unceasing remonstrances of Mrs. Saddletree, who was his next-door neighbour, and who declared it was heathen cruelty to keep the twa brokenhearted creatures separate, issued the important mandate, permitting them to see each other.
On the evening which preceded the eventful day of trial, Jeanie was permitted to see her sister—an awful interview, and occurring at a most distressing crisis. This, however, formed a part of the bitter cup which she was doomed to drink, to atone for crimes and follies to which she had no accession; and at twelve o'clock noon, being the time appointed for admission to the jail, she went to meet, for the first time for several months, her guilty, erring, and most miserable sister, in that abode of guilt, error, and utter misery.
CHAPTER NINETEENTH.
Sweet sister, let me live!
What sin you do to save a brother's life,
Nature dispenses with the deed so far,
That it becomes a virtue.
Measure for Measure.
Jeanie Deans was admitted into the jail by Ratcliffe. This fellow, as void of shame as of honesty, as he opened the now trebly secured door, asked her, with a leer which made her shudder, "whether she remembered him?"
A half-pronounced and timid "No," was her answer.
"What! not remember moonlight, and Muschat's Cairn, and Rob and Rat?" said he, with the same sneer;—"Your memory needs redding up, my jo."
If Jeanie's distresses had admitted of aggravation, it must have been to find her sister under the charge of such a profligate as this man. He was not, indeed, without something of good to balance so much that was evil in his character and habits. In his misdemeanours he had never been bloodthirsty or cruel; and in his present occupation, he had shown himself, in a certain degree, accessible to touches of humanity. But these good qualities were unknown to Jeanie, who, remembering the scene at
Muschat's Cairn, could scarce find voice to acquaint him, that she had an order from Bailie Middleburgh, permitting her to see her sister.
"I ken that fa' weel, my bonny doo; mair by token, I have a special charge to stay in the ward with you a' the time ye are thegither."
"Must that be sae?" asked Jeanie, with an imploring voice.
"Hout, ay, hinny," replied the turnkey; "and what the waur will you and your tittie be of Jim Ratcliffe hearing what ye hae to say to ilk other?—Deil a word ye'll say that will gar him ken your kittle sex better than he kens them already; and another thing is, that if ye dinna speak o' breaking the Tolbooth, deil a word will I tell ower, either to do ye good or ill."
