Adventure stories; Scotland -- History -- 18th century -- Fiction
“See that!” says he. “But there! I may be right or wrong, that’s
guesswork at the best, and let me get to my facts again. It comes to my
ears that James and the witnesses—the witnesses, Mr. Balfour!—lay in
close dungeons, and shackled forbye, in the military prison at Fort
William; none allowed in to them, nor they to write. The witnesses, Mr.
Balfour; heard ye ever the match of that? I assure ye, no old, crooked
Stewart of the gang ever out-faced the law more impudently. It’s clean
in the two eyes of the Act of Parliament of 1700, anent wrongous
imprisonment. No sooner did I get the news than I petitioned the Lord
Justice Clerk. I have his word to-day. There’s law for ye! here’s
justice!”
He put a paper in my hand, that same mealy-mouthed, false-faced paper
that was printed since in the pamphlet “by a bystander,” for behoof (as
the title says) of James’s “poor widow and five children.”
“See,” said Stewart, “he couldn’t dare to refuse me access to my
client, so he _recommends the commanding officer to let me in_.
Recommends!—the Lord Justice Clerk of Scotland recommends. Is not the
purpose of such language plain? They hope the officer may be so dull,
or so very much the reverse, as to refuse the recommendation. I would
have to make the journey back again betwixt here and Fort William. Then
would follow a fresh delay till I got fresh authority, and they had
disavowed the officer—military man, notoriously ignorant of the law,
and that—I ken the cant of it. Then the journey a third time; and there
we should be on the immediate heels of the trial before I had received
my first instruction. Am I not right to call this a conspiracy?”
“It will bear that colour,” said I.
“And I’ll go on to prove it you outright,” said he. “They have the
right to hold James in prison, yet they cannot deny me to visit him.
They have no right to hold the witnesses; but am I to get a sight of
them, that should be as free as the Lord Justice Clerk himself!
See—read: _For the rest_, _refuses to give any orders to keepers of
prisons who are not accused as having done anything contrary to the
duties of their office_. Anything contrary! Sirs! And the Act of
seventeen hunner? Mr. Balfour, this makes my heart to burst; the
heather is on fire inside my wame.”
“And the plain English of that phrase,” said I, “is that the witnesses
are still to lie in prison and you are not to see them?”
“And I am not to see them until Inverary, when the court is set!” cries
he, “and then to hear Prestongrange upon _the anxious responsibilities
of his office and the great facilities afforded the defence_! But I’ll
begowk them there, Mr. David. I have a plan to waylay the witnesses
upon the road, and see if I cannae get I a little harle of justice out
of the _military man notoriously ignorant of the law_ that shall
command the party.”
Public-domain text, read in full here on John Shaqi.
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