Adventure stories; Scotland -- History -- 18th century -- Fiction
“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.”
Public-domain text, read in full here on John Shaqi.
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