When Robin Oig left the door of the alehouse, seven or eight English miles at least lay betwixt Morrison and him. The advance of the former was slow, limited by the sluggish pace of his cattle; the latter left behind him stubble-field and hedgerow, crag and dark heath, all glittering with frost-rime in the broad November moonlight, at the rate of six miles an hour. And now the distant lowing of Morrison's cattle is heard; and now they are seen creeping like moles in size and slowness of motion on the broad face of the moor; and now he meets them--pa.s.ses them, and stops their conductor.

"May good betide us," said the Westlander. "Is this you, Robin M'Combich, or your wraith?"

"It is Robin Oig M'Combich," answered the Highlander, "and it is not.

But never mind that, put pe giving me the skene-dhu."

"What! you are for back to the Highlands! The devil! Have you selt all off before the fair? This beats all for quick markets!"

"I have not sold--I am not going north--maype I will never go north again. Give me pack my dirk, Hugh Morrison, or there will pe words petween us."

"Indeed, Robin, I'll be better advised before I gie it back to you; it is a wanchancy weapon in a Highlandman's hand, and I am thinking you will be about some harns-breaking."

"Prutt, trutt! let me have my weapon," said Robin Oig impatiently.

"Hooly and fairly," said his well-meaning friend. "I'll tell you what will do better than these dirking doings. Ye ken Highlander, and Lowlander, and Border-men are a' ae man's bairns when you are over the Scots d.y.k.e. See, the Eskdale callants, and fighting Charlie of Liddesdale, and the Lockerby lads, and the four Dandies of l.u.s.truther, and a wheen mair grey plaids, are coming up behind; and if you are wranged, there is the hand of a Manly Morrison, we'll see you righted, if Carlisle and Stanwix baith took up the feud."

"To tell you the truth," said Robin Oig, desirous of eluding the suspicions of his friend, "I have enlisted with a party of the Black Watch, and must march off to-morrow morning."

"Enlisted! Were you mad or drunk? You must buy yourself off. I can lend you twenty notes, and twenty to that, if the drove sell."

"I thank you--thank ye, Hughie; but I go with good-will the gate that I am going. So the dirk, the dirk!"

"There it is for you then, since less wunna serve. But think on what I was saying. Waes me, it will be sair news in the braes of Balquidder that Robin Oig M'Combich should have run an ill gate, and ta'en on."

"Ill news in Balquidder, indeed!" echoed poor Robin. "But Cot speed you, Hughie, and send you good marcats. Ye winna meet with Robin Oig again, either at tryste or fair."

So saying, he shook hastily the hand of his acquaintance, and set out in the direction from which he had advanced, with the spirit of his former pace.

"There is something wrang with the lad," muttered the Morrison to himself; "but we will maybe see better into it the morn's morning."

But long ere the morning dawned, the catastrophe of our tale had taken place. It was two hours after the affray had happened, and it was totally forgotten by almost every one, when Robin Oig returned to Heskett's inn. The place was filled at once by various sorts of men, and with noises corresponding to their character. There were the grave low sounds of men engaged in busy traffic, with the laugh, the song, and the riotous jest of those who had nothing to do but to enjoy themselves.

Among the last was Harry Wakefield, who, amidst a grinning group of smock-frocks, hobnailed shoes, and jolly English physiognomies, was trolling forth the old ditty,--

"What though my name be Roger, Who drives the plough and cart--"

when he was interrupted by a well-known voice saying in a high and stern voice, marked by the sharp Highland accent, "Harry Waakfelt--if you be a man stand up!"

"What is the matter?--what is it?" the guests demanded of each other.

"It is only a d--d Scotsman," said Fleeceb.u.mpkin, who was by this time very drunk, "whom Harry Wakefield helped to his broth to-day, who is now come to have HIS CAULD KAIL het again."

"Harry Waakfelt," repeated the same ominous summons, "stand up, if you be a man!"

There is something in the tone of deep and concentrated pa.s.sion, which attracts attention and imposes awe, even by the very sound. The guests shrunk back on every side, and gazed at the Highlander as he stood in the middle of them, his brows bent, and his features rigid with resolution.

"I will stand up with all my heart, Robin, my boy, but it shall be to shake hands with you, and drink down all unkindness. It is not the fault of your heart, man, that you don't know how to clench your hands."

By this time he stood opposite to his antagonist, his open and unsuspecting look strangely contrasted with the stern purpose, which gleamed wild, dark, and vindictive in the eyes of the Highlander.

"'Tis not thy fault, man, that, not having the luck to be an Englishman, thou canst not fight more than a school-girl."

"I can fight," answered Robin Oig sternly, but calmly, "and you shall know it. You, Harry Waakfelt, showed me to-day how the Saxon churls fight; I show you now how the Highland Dunnie-wa.s.sel fights."

He seconded the word with the action, and plunged the dagger, which he suddenly displayed, into the broad breast of the English yeoman, with such fatal certainty and force that the hilt made a hollow sound against the breast-bone, and the double-edged point split the very heart of his victim. Harry Wakefield fell and expired with a single groan. His a.s.sa.s.sin next seized the bailiff by the collar, and offered the b.l.o.o.d.y poniard to his throat, whilst dread and surprise rendered the man incapable of defence.

"It were very just to lay you peside him," he said, "but the blood of a pase pickthank shall never mix on my father's dirk, with that of a brave man."

As he spoke, he cast the man from him with so much force that he fell on the floor, while Robin, with his other hand, threw the fatal weapon into the blazing turf-fire.

"There," he said, "take me who likes--and let fire cleanse blood if it can."

The pause of astonishment still continuing, Robin Oig asked for a peace-officer, and a constable having stepped out, he surrendered himself to his custody.

"A b.l.o.o.d.y night's work you have made of it," said the constable.

"Your own fault," said the Highlander. "Had you kept his hands off me twa hours since, he would have been now as well and merry as he was twa minutes since."

"It must be sorely answered," said the peace-officer.

"Never you mind that--death pays all debts; it will pay that too."

The horror of the bystanders began now to give way to indignation, and the sight of a favourite companion murdered in the midst of them, the provocation being, in their opinion, so utterly inadequate to the excess of vengeance, might have induced them to kill the perpetrator of the deed even upon the very spot. The constable, however, did his duty on this occasion, and with the a.s.sistance of some of the more reasonable persons present, procured horses to guard the prisoner to Carlisle, to abide his doom at the next a.s.sizes. While the escort was preparing, the prisoner neither expressed the least interest, nor attempted the slightest reply. Only, before he was carried from the fatal apartment, he desired to look at the dead body, which, raised from the floor, had been deposited upon the large table (at the head of which Harry Wakefield had presided but a few minutes before, full of life, vigour, and animation), until the surgeons should examine the mortal wound. The face of the corpse was decently covered with a napkin. To the surprise and horror of the bystanders, which displayed itself in a general AH!

drawn through clenched teeth and half-shut lips, Robin Oig removed the cloth, and gazed with a mournful but steady eye on the lifeless visage, which had been so lately animated that the smile of good-humoured confidence in his own strength, of conciliation at once and contempt towards his enemy, still curled his lip. While those present expected that the wound, which had so lately flooded the apartment with gore, would send forth fresh streams at the touch of the homicide, Robin Oig replaced the covering with the brief exclamation, "He was a pretty man!"

My story is nearly ended. The unfortunate Highlander stood his trial at Carlisle. I was myself present, and as a young Scottish lawyer, or barrister at least, and reputed a man of some quality, the politeness of the Sheriff of c.u.mberland offered me a place on the bench. The facts of the case were proved in the manner I have related them; and whatever might be at first the prejudice of the audience against a crime so un-English as that of a.s.sa.s.sination from revenge, yet when the rooted national prejudices of the prisoner had been explained, which made him consider himself as stained with indelible dishonour, when subjected to personal violence--when his previous patience, moderation, and endurance were considered--the generosity of the English audience was inclined to regard his crime as the wayward aberration of a false idea of honour rather than as flowing from a heart naturally savage, or perverted by habitual vice. I shall never forget the charge of the venerable judge to the jury, although not at that time liable to be much affected either by that which was eloquent or pathetic.

"We have had," he said, "in the previous part of our duty" (alluding to some former trials), "to discuss crimes which infer disgust and abhorrence, while they call down the well-merited vengeance of the law.

It is now our still more melancholy task to apply its salutary though severe enactments to a case of a very singular character, in which the crime (for a crime it is, and a deep one) arose less out of the malevolence of the heart, than the error of the understanding--less from any idea of committing wrong, than from an unhappily perverted notion of that which is right. Here we have two men, highly esteemed, it has been stated, in their rank of life, and attached, it seems, to each other as friends, one of whose lives has been already sacrificed to a punctilio, and the other is about to prove the vengeance of the offended laws; and yet both may claim our commiseration at least, as men acting in ignorance of each other's national prejudices, and unhappily misguided rather than voluntarily erring from the path of right conduct.

"In the original cause of the misunderstanding, we must in justice give the right to the prisoner at the bar. He had acquired possession of the enclosure, which was the object of compet.i.tion, by a legal contract with the proprietor, Mr. Ireby; and yet, when accosted with reproaches undeserved in themselves, and galling, doubtless, to a temper at least sufficiently susceptible of pa.s.sion, he offered notwithstanding, to yield up half his acquisition, for the sake of peace and good neighbourhood, and his amicable proposal was rejected with scorn. Then follows the scene at Mr. Heskett the publican's, and you will observe how the stranger was treated by the deceased, and, I am sorry to observe, by those around, who seem to have urged him in a manner which was aggravating in the highest degree. While he asked for peace and for composition, and offered submission to a magistrate, or to a mutual arbiter, the prisoner was insulted by a whole company, who seem on this occasion to have forgotten the national maxim of 'fair play;' and while attempting to escape from the place in peace, he was intercepted, struck down, and beaten to the effusion of his blood.

"Gentlemen of the jury, it was with some impatience that I heard my learned brother who opened the case for the crown give an unfavourable turn to the prisoner's conduct on this occasion. He said the prisoner was afraid to encounter his antagonist in fair fight, or to submit to the laws of the ring; and that therefore, like a cowardly Italian, he had recourse to his fatal stiletto, to murder the man whom he dared not meet in manly encounter. I observed the prisoner shrink from this part of the accusation with the abhorrence natural to a brave man; and as I would wish to make my words impressive when I point his real crime, I must secure his opinion of my impartiality by reb.u.t.ting everything that seems to me a false accusation. There can be no doubt that the prisoner is a man of resolution--too much resolution. I wish to Heaven that he had less--or, rather that he had had a better education to regulate it.

"Gentlemen, as to the laws my brother talks of, they may be known in the bull-ring, or the bear-garden, or the c.o.c.k-pit, but they are not known here. Or, if they should be so far admitted as furnishing a species of proof that no malice was intended in this sort of combat, from which fatal accidents do sometimes arise, it can only be so admitted when both parties are IN PARI CASU, equally acquainted with, and equally willing to refer themselves to, that species of arbitrament. But will it be contended that a man of superior rank and education is to be subjected, or is obliged to subject himself, to this coa.r.s.e and brutal strife, perhaps in opposition to a younger, stronger, or more skilful opponent?

Certainly even the pugilistic code, if founded upon the fair play of Merry Old England, as my brother alleges it to be, can contain nothing so preposterous. And, gentlemen of the jury, if the laws would support an English gentleman, wearing, we will suppose, his sword, in defending himself by force against a violent personal aggression of the nature offered to this prisoner, they will not less protect a foreigner and a stranger, involved in the same unpleasing circ.u.mstances. If, therefore, gentlemen of the jury, when thus pressed by a VIS MAJOR, the object of obloquy to a whole company, and of direct violence from one at least, and, as he might reasonably apprehend, from more, the panel had produced the weapon which his countrymen, as we are informed, generally carry about their persons, and the same unhappy circ.u.mstance had ensued which you have heard detailed in evidence, I could not in my conscience have asked from you a verdict of murder. The prisoner's personal defence might indeed, even in that case, have gone more or less beyond the MODERAMEN INCULPATAE TUTELAE, spoken of by lawyers; but the punishment incurred would have been that of manslaughter, not of murder. I beg leave to add that I should have thought this milder species of charge was demanded in the case supposed, notwithstanding the statute of James I. cap. 8, which takes the case of slaughter by stabbing with a short weapon, even without MALICE PREPENSE, out of the benefit of clergy.

For this statute of stabbing, as it is termed, arose out of a temporary cause; and as the real guilt is the same, whether the slaughter be committed by the dagger, or by sword or pistol, the benignity of the modern law places them all on the same, or nearly the same, footing.

"But, gentlemen of the jury, the pinch of the case lies in the interval of two hours interposed betwixt the reception of the injury and the fatal retaliation. In the heat of affray and CHAUDE MELEE, law, compa.s.sionating the infirmities of humanity, makes allowance for the pa.s.sions which rule such a stormy moment--for the sense of present pain, for the apprehension of further injury, for the difficulty of ascertaining with due accuracy the precise degree of violence which is necessary to protect the person of the individual, without annoying or injuring the a.s.sailant more than is absolutely necessary. But the time necessary to walk twelve miles, however speedily performed, was an interval sufficient for the prisoner to have recollected himself; and the violence with which he carried his purpose into effect, with so many circ.u.mstances of deliberate determination, could neither be induced by the pa.s.sion of anger, nor that of fear. It was the purpose and the act of predetermined revenge, for which law neither can, will, nor ought to have sympathy or allowance.

"It is true, we may repeat to ourselves, in alleviation of this poor man's unhappy action, that his case is a very peculiar one. The country which he inhabits was, in the days of many now alive, inaccessible to the laws, not only of England, which have not even yet penetrated thither, but to those to which our neighbours of Scotland are subjected, and which must be supposed to be, and no doubt actually are, founded upon the general principles of justice and equity which pervade every civilized country. Amongst their mountains, as among the North American Indians, the various tribes were wont to make war upon each other, so that each man was obliged to go armed for his own protection. These men, from the ideas which they entertained of their own descent and of their own consequence, regarded themselves as so many cavaliers or men-at-arms, rather than as the peasantry of a peaceful country. Those laws of the ring, as my brother terms them, were unknown to the race of warlike mountaineers; that decision of quarrels by no other weapons than those which nature has given every man must to them have seemed as vulgar and as preposterous as to the n.o.bLESSE of France. Revenge, on the other hand, must have been as familiar to their habits of society as to those of the Cherokees or Mohawks. It is indeed, as described by Bacon, at bottom a kind of wild untutored justice; for the fear of retaliation must withhold the hands of the oppressor where there is no regular law to check daring violence. But though all this may be granted, and though we may allow that, such having been the case of the Highlands in the days of the prisoner's fathers, many of the opinions and sentiments must still continue to influence the present generation, it cannot, and ought not, even in this most painful case, to alter the administration of the law, either in your hands, gentlemen of the jury, or in mine. The first object of civilisation is to place the general protection of the law, equally administered, in the room of that wild justice which every man cut and carved for himself, according to the length of his sword and the strength of his arm. The law says to the subjects, with a voice only inferior to that of the Deity, 'Vengeance is mine.' The instant that there is time for pa.s.sion to cool, and reason to interpose, an injured party must become aware that the law a.s.sumes the exclusive cognisance of the right and wrong betwixt the parties, and opposes her inviolable buckler to every attempt of the private party to right himself. I repeat that this unhappy man ought personally to be the object rather of our pity than our abhorrence, for he failed in his ignorance, and from mistaken notions of honour. But his crime is not the less that of murder, gentlemen, and, in your high and important office, it is your duty so to find. Englishmen have their angry pa.s.sions as well as Scots; and should this man's action remain unpunished, you may unsheath, under various pretences, a thousand daggers betwixt the Land's-End and the Orkneys."

The venerable Judge thus ended what, to judge by his apparent emotion, and by the tears which filled his eyes, was really a painful task. The jury, according to his instructions, brought in a verdict of Guilty; and Robin Oig M'Combich, ALIAS McGregor, was sentenced to death, and left for execution, which took place accordingly. He met his fate with great firmness, and acknowledged the justice of his sentence. But he repelled indignantly the observations of those who accused him of attacking an unarmed man. "I give a life for the life I took," he said, "and what can I do more?" [See Note 11.--Robert Donn's Poems.]

NOTES.