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to suppose are bad, though his actions have been, towards me, unauthorized and violent."

This moderation, Alan thou wilt comprehend, was not entirely dictated by my feelings towards the individual of whom I complained; there were other reasons, in which regard for him had little share. It seemed, however, as if the mildness with which I pleaded my cause had more effect upon him than any thing I had yet said. He was moved to the point of being almost out of countenance; and took snuff repeatedly, as if to gain time to stifle some degree of

emotion.

of his life. The furrows of the brow above the eyes became livid and almost black, and were bent into a semicircular, or rather elliptical form, above the junction of the eyebrows. I had heard such a look described in an old tale of diablerie, which it was my chance to be entertained with not long since; when this deep and gloomy contortion of the frontal muscles was not unaptly described, as forming the representation of a small horseshoe.

The tale, when told, awakened a dreadful vision of infancy, which the withering and blighting look now fixed on me again forced on my recollection, but with But on Justice Foxley, on whom my eloquence was much more vivacity. Indeed I was so much surprised, particularly designed to make impression, the result and, I must add, terrified, at the vague ideas which was much less favourable. He consulted in a whis- were awakened in my mind by this fearful sign, that per with Mr. Nicholas his clerk-pshawed, hemmed, I kept my eyes fixed on the face in which it was exand elevated his eyebrows, as if in scorn of my suppli-hibited as on a frightful vision; until passing his cation. At length, having apparently made up his handkerchief a moment across his countenance, this mind, he leaned back in his chair, and smoked his mysterious man relaxed at once the look which had pipe with great energy, with a look of defiance, de- for me something so appalling. "The young man will signed to make me aware that all my reasoning was no longer deny that he has seen me before," said he to lost on him. the Justice, in a tone of complacency: "and I trust he At length, when I stopped, more from lack of breath will now be reconciled to my temporary guardianship, than want of argument, he opened his oracular jaws, which may end better for him than he expects." and made the following reply, interrupted by his usual "Whatever I expect," I replied, summoning my interjectional ejaculations, and by long volumes of scattered recollections together "I see I am neither smoke:-" Hem-ay-eh-poof-And, youngster, do to expect justice nor protection from this gentleman, you think Matthew Foxley, who has been one of the whose office it is to render both to the lieges. For quorum for these twenty years, is to be come over with you, sir, how strangely you have wrought yourself such trash as would hardly cheat an apple-woman ?-into the fate of an unhappy young man, or what Poof-poof-eh! Why, man-eh-dost thou not know interest you can pretend in me, you yourself only can the charge is not a bailable matter-and that-hum-explain. That I have seen you before, is certain: for ay—the greatest man-poof-the Baron of Graystock himself, must stand committed? and yet you pretend to have been kidnapped by this gentleman, and robbed of property, and what not; and-eh-poof-you would persuade me all you want is to get away from him?-I do believe-eh-that it is all you want. Therefore, as you are a sort of a slip-string gentle-las, must be jogging." man, and-ay-hum-a kind of idle apprentice, and something cockbrained withal, as the honest folk of the house tell me why, you must e'en remain under custody of your guardian, till your coming of age, or my Lord Chancellor's warrant shall give you the management of your own affairs, which, if you can gather your brains again, you will even then not beay-hem-poof-in particular haste to assume."

The time occupied by his worship's hums, and haws, and puffs of tobacco smoke, together with the slow and pompous manner in which he spoke, gave me a minute's space to collect my ideas, dispersed as they were by the extraordinary purport of this annunciation.

"I cannot conceive, sir," I replied, "by what singular tenure this person claims my obedience as a guardian; it is a barefaced imposture-I never in my life saw him, until I came unhappily to this country, about four weeks since."

I

Ay, sir-we-eh-know, and are aware-thatpoof-you do not like to hear some folk's names; and that-eh-you understand me-there are things, and sounds and matters, conversation about names, and such like, which puts you off the hooks-which have no humour to witness. Nevertheless, Mr. Darsie-or-poof-Mr. Darsie Latimer-or-poof, poof eh-ay, Mr. Darsie without the Latimer-you have acknowledged as much to-day as assures me you will best be disposed of under the honourable care of my friend here-all your confessions-besides thatpoof-eh-I know him to be a most responsible person-a-hay-ay-most responsible and honourable person-Can you deny this?"

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"I know nothing of him," I repeated; "not even his name; and I have not, as I told you, seen him in the course of my whole life, till a few weeks since.' "Will you swear to that?" said the singular man, who seemed to await the result of this debate, secure as a rattlesnake is of the prey which has once felt its fascination. And while he said these words in a deep under-tone, he withdrew his chair a little behind that of the Justice, so as to be unseen by him or his clerk, who sat upon the same side; while he bent on me a frown so portentous, that no one who has witnessed the look can forget it during the whole

none can forget the look with which you seem to have the power of blighting those upon whom you cast it." The Justice seemed not very easy under this hint. "Ho!-ay," he said; it is time to be going, neighbour. I have a many miles to ride, and I care not to ride darkling in these parts.-You and I, Mr. Nicho.

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The Justice fumbled with his gloves, in endeavouring to draw them on hastily, and Mr. Nicholas bustled to get his great-coat and whip. Their landlord endeavoured to detain them, and spoke of supper and beds. Both pouring forth many thanks for his invitation, seemed as if they would much rather not; and Mr. Justice Foxley was making a score of apologies, with at least a hundred cautionary hems and eh-ehs, when the girl Dorcas burst into the room, and announced a gentleman on justice business.

What gentleman ?-and whom does he want?" "He is cuome post on his ten toes," said the wench; "and on justice business to his worship loike. I'se uphald him a gentleman, for he speaks as good Latin as the schulemeaster; but, lack-a-day! he has gotten a queer mop of a wig.'

The gentleman, thus announced and described, bounced into the room. But I have already written as much as fills a sheet of my paper, and my singular embarrassments press so hard on me, that I have matter to fill another from what followed the intrusion of-my dear Alan-your crazy client-Poor Peter Peebles!

CHAPTER VII.

LATIMER'S JOURNAL, IN CONTINUATION.

Sheet 2.

I HAVE rarely in my life, till the last alarming days, known what it was to sustain a moment's real sorrow. What I called such, was, I am now well convinced, only the weariness of mind, which, having nothing actually present to complain of, turns upon itself, and becomes anxious about the past and the future; those periods with which human life has so little connexion, that Scripture itself hath said, “Sufficient for the day is the evil thereof."

If, therefore, I have sometimes abused prosperity, by murmuring at my unknown birth and uncertain rank in society, I will make amends by bearing my present real adversity with patience and courage, and, if I can, even with gayety. What can they-dare they, do to me?-Foxley, I am persuaded, is a real Justice of Peace, and country gentleman of estate,

pouched my fee, and drucken a mutchkin of brandy, and now he's ower the march, and left my cause, half won half lost-as dead a heat as e'er was run ower the back-sands. Now, I was advised by some cunning laddies that are used to crack a bit law w me in the House, that the best thing I could do was to take heart o' grace and set out after him; so I have taken post on my ain shanks, forby a cast in a cart, or the like. I got wind of him in Dumfries, and now I have run him ower to the English side, and I want a fugie warrant against him."

though, (wonderful to tell!) he is an ass notwithstanding; and his functionary in the drab coat must have a shrewd guess at the consequences of being accessary to an act of murder or kidnapping. Men invite not such witnesses to deeds of darkness. I have also-Alan, I have hopes, arising out of the family of the oppressor himself. I am encouraged to believe that G. M. is likely again to enter on the field. More I dare not here say; nor must I drop a hint which another eye than thine might be able to construe. Enough, my feelings are lighter than they have been; and though fear and wonder are still around me, they are unable entirely to overcloud the horizon. Even when I saw the spectral form of the old scare-with what kind purpose; thou hast abandoned all to crow of the Parliament-House rush into the apartment where I had undergone so singular an examination, I thought of thy connexion with him, and could almost have parodied Lear

"Death!-nothing could have thus subdued nature To such a lowness, but his 'learned lawyers.'"' He was e'en as we have seen him of yore, Alan, when, rather to keep thee company than to follow my own bent, I formerly frequented the halls of justice. The only addition to his dress, in the capacity of a traveller, was a pair of boots, that seemed as if they might have seen the field of Sheriff-moor; so large and heavy, that, tied as they were to the creature's wearied hams with large bunches of worsted tape of various colours, they looked as if he had been dragging them along, either for a wager, or by way of

penance.

Regardless of the surprised looks of the party on whom he thus intruded himself, Peter blundered into the middle of the apartment, with his head charged like a ram's in the act of butting, and saluted them thus:

"Gude day to ye, gude day to your honours-Is't here they sell the fugie warrants?"

I observed that, on his entrance, my friend-or enemy drew himself back, and placed himself as if he would rather avoid attracting the observation of the new comer. I did the same myself, as far as I was able; for I thought it likely that Mr. Peebles might recognise me, as indeed I was too frequently among the group of young juridicial aspirants who used to amuse themselves by putting cases for Peter's solution, and playing him worse tricks; yet I was uncertain whether I had better avail myself of our acquaintance to have the advantage, such as it might be, of his evidence before the magistrate, or whether to make him, if possible, bearer of a letter which might procure me more effectual assistance. I resolved, therefore, to be guided by circumstances, and to watch carefully that nothing might escape me. I drew back as far as I could, and even reconnoitred the door and passage, to consider whether absolute escape might not be practicable. But there paraded Cristal Nixon, whose little black eyes, sharp as those of a basilisk, seemed, the instant when they encountered mine, to penetrate my purpose.

I sat down, as much out of sight of all parties as I could, and listened to the dialogue which followed-a dialogue how much more interesting to me than any I could have conceived, in which Peter Peebles was to be one of the Dramatis Persona!

"Is it here where ye sell the warrants?-the fugies, ye ken?" said Peter.

"Hey-eh-what!" said Justice Foxley; "what the devil does the fellow mean?-What would you have a warrant for?"

How did my heart throb at this information, dearest Alan! Thou art near me then, and I well know

fly to my assistance; and no wonder that, knowing thy friendship and faith, thy sound sagacity and persevering disposition, "my bosom's lord should now sit lightly on his throne;" that gayety should almost involuntarily hover on my pen; and that my heart should beat like that of a general, responsive to the drums of his advancing ally, without whose help the battle must have been lost.

I did not suffer myself to be startled by this joyous surprise, but continued to bend my strictest attention to what followed among this singular party. That Poor Peter Peebles had been put upon this wildgoose chase, by some of his juvenile advisers in the Parlia ment House, he himself had intimated; but he spoke with much confidence, and the Justice, who seemed to have some secret apprehension of being put to trouble in the matter, and, as sometimes occurs on the English frontier, a jealousy lest the superior acuteness of their northern neighbours might overreach their own simplicity, turned to his clerk with a perplexed countenance.

"Eh-oh-Nick-d-n thee-Hast thou got nothing to say? This is more Scots law, I take it, and more Scotsmen." (Here he cast a side glance at the owner of the mansion, and winked to his clerk.) “I would Solway were as deep as it is wide, and we had then some chance of keeping of them out."

Nicholas conversed an instant aside with the supplicant, and then reported ;

"The man wants a border-warrant, I think; but they are only granted for debt-now he wants one to catch a lawyer."

"And what for no?" answered Peter Peebles, doggedly; "what for no, I would be glad to ken! If a day-labourer refuses to work, ye'll grant a warrant to gar him do out his daurg-if a wench quean rin away from her hairst, ye'll send her back to her heuk again-if sae mickle as a collier or a salter make a moonlight flitting, ye will cleek him by the back-spaul in a minute of time,—and yet the damage canna amount to mair than a creelin' of coals, and a forpit or twa of saut; and here is a chield taks leg from his engagement, and damages me to the tune of sax thousand punds sterling; that is, three thousand that I should win, and three thousand mair that I am like to lose; and you that ca' yoursell a justice canna help a poor man to catch the rinaway? A bonny like justice I am like to get amang ye!"

"The fellow must be drunk," said the clerk.

"Black-fasting from all but sin," replied the suppl cant; "I havena had mair than a mouthful of cauld water since I passed the Border, and deil a ane of ye is like to say to me, 'Dog, will ye drink?'

The Justice seemed moved by this appeal. "Hem -tush man," replied he; "thou speak'st to us as if

"It is to apprehend a young lawyer that is in medi-thou wert in presence of one of thine own beggarly tatione fuge; for he has ta'en my memorial and pleaded my cause, and a good fee I gave him, and as muckle brandy as he could drink that day at his father's house-he loes the brandy ower weel for sae youthful a creature.'

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"And what has this drunken young dog of a lawyer done to you, that you are come to me-ch-ha? Has he robbed you? Not unlikely, if he be a lawyer-eh -Nick-ha?" said Justice Foxley.

"He has robbed me of himself, sir," answered Peter; "of his help, comfort, aid, maintenance, and assistance, whilk, as a counsel to a client, he is bound to yield me ratione officii-that is it, ye see. He has

justices-get down stairs-get something to eat, man, (with permission of my friend to make so free in his house,) and a mouthful to drink, and I will warrant we get ye such justice as will please ye."

"I winna refuse your neighbourly offer," said Poor Peter Peebles, making his bow; muckle grace be wi' your honour, and wisdom to guide ye in this extraordinary cause."

When I saw Peter Peebles about to retire from the room, I could not forbear an effort to obtain from him such evidence as might give me some credit with the Justice. I stepped forward, therefore, and, saluting him, asked him if he remembered me?"

"After a stare or two, and a long pinch of snuff, re-gimlet used to breed in my house, and the girded cask collection seemed suddenly to dawn on Peter Peebles. of brandy that ye drank and ne'er thought of paying "Recollect ye!" he said; "by my troth do I.-Haud for it, (not that I minded it muckle in thae days, him a grip, gentlemen!-constables, keep him fast! though I have felt a lack of it sinsyne,) why I will where that ill-deedy hempy is, ye are sure that Alan waste an hour on ye at ony time.-And where is Fairford is not far off-Haud him fast, Master Con- Captain Redginlet now? he was a wild chap, like stable; I charge ye wi' him, for I am mista'en if he is yoursell, though they are nae sae keen after you poor not at the bottom of this rinaway business. He was bodies for these some years bygane; the heading and aye getting the silly callant Alan awa wi' gigs, and hanging is weel ower now-awful job-awful job-.. horse, and the like of that, to Roslin, and Prestonpans, will ye try my sneeshing?" and a' the idle gates he could think of. He's a rinaway apprentice, that ane."

"Mr. Peebles," I said, "do not do me wrong. I am sure you can say no harm of me justly, but can satisfy these gentlemen, if you will, that I am a student of law in Edinburgh-Darsie Latimer by name."

"Me satisfy! how can I satisfy the gentlemen," answered Peter, "that am sae far from being satisfied mysell? I ken naething about your name, and can only testify, nihil novit in causa.

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A pretty witness you have brought forward in your favour," said Mr. Foxley. "But-ha-ay-I'll ask him a question or two.-Pray, friend, will you take your oath to this youth being a runaway apprentice?" "Sir," said Peter, "I will make oath to ony thing in reason; when a case comes to my oath it's a won cause: But I am in some haste to prie your worship's good cheer;" for Peter had become much more respectful in his demeanour towards the Justice, since he had heard some intimation of dinner.

"You shall have-eh-hum-ay-a bellyful, if it be possible to fill it. First let me know if this young man be really what he pretends.-Nick, make his affidavit."

"Ou, he is just a wud harum-scarum creature, that wad never take to his studies; daft, sir, clean daft." "Deft!" said the Justice; "what d'ye mean by deft-eh?"

"Just Fifish," replied Peter; "wowf-a wee bit by the East-Nook or sae; it's a common case-the tae half of the warld thinks the tither daft. I have met with folk in my day, that thought I was daft mysell; and, for my part, I think our Court of Session clean daft, that have had the great cause of Peebles against Plainstanes before them for this score of years, and have never been able to ding the bottom out of it yet."

"I cannot make out a word of his cursed brogue," said the Cumbrian justice; "can you, neighbour-ch? What can he mean by deft?"

"He means mad," said the party appealed to, thrown off his guard by impatience of this protracted discussion.

"Ye have it-ye have it," said Peter; "that is, not clean skivie, but"

He concluded his desultory speech by thrusting out his large bony paw, filled with a Scottish mull of huge dimensions, which Herries, who had been stand ing like one petrified by the assurance of this unexpected address, rejected with a contemptuous motion of his hand, which spilled some of the contents of the box.

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Aweel, aweel," said Peter Peebles, totally unabashed by the repulse, "e'en as ye like, a wilful man maun hae his way; but," he added, stooping down, and endeavouring to gather the spilt snuff from the polished floor, "I canna afford to lose my sneeshing for a' that ye are gumple-foisted wi' me." My attention had been keenly awakened, during this extraordinary and unexpected scene. I watched, with as much attention as my own agitation permitted me to command, the effect produced on the parties concerned. It was evident that our friend, Peter Peebles, had unwarily let out something which altered the sentiments of Justice Foxley and his clerk towards Mr. Herries, with whom, until he was known and acknowledged under that name, they had appeared to be so intimate. They talked with each other aside, looked at a paper or two which the clerk selected from the contents of a huge black pocketbook and seemed under the influence of fear and uncertainty, totally at a loss what line of conduct to adopt.

Herries made a different and a far more interesting figure. However little Peter Peebles might resemble the angel Ithuriel, the appearance of Herries, his high and scornful demeanour, vexed at what seemed detection, yet fearless of the consequences, and regarding the whispering magistrate and his clerk with looks in which contempt predominated over anger or anxiety, bore, in my opinion, no slight resemblance to

-"the regal port

And faded splendour wan" with which the poet has invested the detected King of the Powers of the Air.

As he glanced round, with a look which he had endeavoured to compose to haughty indifference, his eye encountered mine, and, I thought, at the first glance sunk beneath it. But he instantly rallied his natural spirit, and returned me one of those extraordinary looks, by which he could contort so strangely the wrinkles on his forehead. I started; but, angry at myself for my pusillanimity, I answered him by a look of the same kind, and, catching the reflection of

Here he stopped, and fixed his eye on the person he addressed with an air of joyful recognition. Ay, ay, Mr. Herries of Birrenswork, is this your ainsell in blood and bane? I thought ye had been hanged at Kennington Common, or Hairiebie, or some of these places, after the bonny ploy ye made in the forty-my countenance in a large antique mirror which stood five."

"I believe you are mistaken, friend," said Herries, sternly, with whose name and designation I was thus made unexpectedly acquainted.

"The deil a bit," answered the undaunted Peter Peebles; "I mind ye weel, for ye lodged in my house the great year of forty-five, for a great year it was; the Grand Rebellion broke out, and my cause-the great cause-Peebles against Plainstanes, et per contra-was called in the beginning of the winter Session, and would have been heard, but that there was a surcease of justice, with your plaids, and your piping, and your nonsense."

"I tell you, fellow," said Herries, yet more fiercely, "you have confused me with some of the other furniture of your crazy pate."

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before me, I started again at the real or imaginary resemblance which my countenance, at that moment, bore to that of Herries. Surely my fate is somehow strangely interwoven with that of this mysterious individual. I had no time at present to speculate upon the subject, for the subsequent conversation demanded all my attention.

The Justice addressed Herries, after a pause of about five minutes, in which all parties seemed at some loss how to proceed. He spoke with embarrassment, and his faltering voice, and the long intervals which divided his sentences, seemed to indicate fear of him whom he addressed.

"Neighbour," he said, "I could not have thought this; or, if I-eh-did think-in a corner of my own mind as it were-that you, I say that you might have unluckily engaged in-eh-the matter of the forty-five-there was still time to have forgot all that."

"Speak like a gentleman, sir," answered Peebles; these are not legal phrases, Mr. Herries of Birrenswork. Speak in form of law, or I shall bid ye gudeday, sir. I have nae pleasure in speaking to proud "And is it so singular that a man should have been folk, though I am willing to answer ony thing in a out in the forty-five?" said Herries, with contemptulegal way; so if you are for a crack about auld lang- ous composure;-"your father, I think, Mr. Foxley, syne, and the splores that you and Captain Red-was out with Derwentwater in the fifteen."

"And lost half of his estate," answered Foxley, with more rapidity than usual; "and was very near -hem-being hanged into the boot. But this isanother guess job-for-eh-fifteen is not forty-five; and my father had a remission, and you, I take it, have not."

"Perhaps I have," said Herries, indifferently; "or, if I have not, I am but in the case of half a dozen others whom government do not think worth looking after at this time of day, so they give no offence or disturbance."

been ungenerous enough to trouble a gentleman under misfortune, on account of political opinions and disputes, which have been long ended by the success of the reigning powers. I trust, my good friend, you will not endanger yourself, by taking any other view of the subject than you have done ever since we were acquainted?"

The Justice answered with more readiness, as well as more spirit than usual, "Neighbour Ingoldsbywhat you say-is-eh-in some sort true; and when you were coming and going at markets, horse-races, "But you have given both, sir," said Nicholas Fag- and cock-fights, fairs, hunts, and such like-it wasgot, the clerk, who, having some petty provincial situ- eh-neither my business nor my wish to dispel-I say ation, as I have since understood, deemed himself to inquire into and dispel the mysteries which hung bound to be zealous for government. "Mr. Justice about you; for while you were a good companion in Foxley cannot be answerable for letting you pass the field, and over a bottle now and then-I did not free, now your name and surname have been spoken-eh-think it necessary to ask-into your private plainly out. There are warrants out against you from the Secretary of State's office."

"A proper allegation, Mr. Attorney! that, at the distance of so many years, the Secretary of State should trouble himself about the unfortunate relics of a ruined cause!" answered Mr. Herries.

"But if it be so," said the clerk, who seemed to assume more confidence upon the composure of Herries's demeanour; "and if cause has been given by the conduct of a gentleman himself, who hath been, it is alleged, raking up old matters, and mixing them with new subjects of disaffection-I say, if it be so, I should advise the party, in his wisdom, to surrender himself quietly into the lawful custody of the next Justice of Peace-Mr. Foxley, suppose-where, and by whom, the matter should be regularly inquired into. I am only putting a case," he added, watching with apprehension the effect which his words were likely to produce upon the party to whom they were addressed.

"And were I to receive such advice," said Herries, with the same composure as before-"putting the case, as you say, Mr. Faggot-I should request to see the warrant which countenanced such a scandalous proceeding."

Mr. Nicholas, by way of answer, placed in his hand a paper, and seemed anxiously to expect the consequences which were to ensue. Mr. Herries looked it over with the same equanimity as before, and then continued, "And were such a scrawl as this presented to me in my own house, I would throw it into the chimney, and Mr. Faggot upon the top of it."

Accordingly, seconding the word with the action, he flung the warrant into the fire with one hand, and fixed the other, with a stern and irresistible gripe, on the breast of the attorney, who, totally unable to contend with him, in either personal strength or mental energy, trembled like a chicken in the raven's clutch. He got off, however, for the fright; for Herries, having probably made him fully sensible of the strength of his grasp, released him with a scornful laugh.

"Deforcement-spulzie-stouthrief-masterful rescue!" exclaimed Peter Peebles, scandalized at the resistance offered to the law in the person of Nicholas Faggot. But his shrill exclamations were drowned in the thundering voice of Herries, who, calling upon Cristal Nixon, ordered him to take the bawling fool down stairs, fill his belly, and then give him a guinea, and thrust him out of doors. Under such injunctions, Peter easily suffered himself to be withdrawn from the scene.

Herries then turned to the Justice, whose visage, wholly abandoned by the rubicund hue which so lately beamed upon it, hung out the same pale livery as that of his dismayed clerk. "Old friend and acquaintance," he said, "you came here at my request, on a friendly errand, to convince this silly young man of the right which I have over his person for the present. I trust you do not intend to make your visit the pretext of disquieting me about other matters? All the world knows that I have been living at large, in these northern counties, for some months, not to say years, and might have been apprehended at any time, had the necessities of the state required, or my own behaviour deserved it. But no English magistrate has

affairs. And if I thought you were-ahem-somewhat unfortunate in former undertakings, and enterprises, and connexions, which might cause you to live unsettledly and more private, I could have-ch-very little pleasure-to aggravate your case by interfering, or requiring explanations, which are often more easily asked than given. But when there are warrants and witnesses to names-and those names, christian and surname, belong to-eh-an attainted person-chargedI trust falsely-with-ahem-taking advantage of modern broils and heart-burnings to renew our civil disturbances, the case is altered; and I must-ahem do my duty,"

The Justice got on his feet as he concluded this speech, and looked as bold as he could. I drew close beside him and his clerk, Mr. Faggot, thinking the moment favourable for my own liberation, and intimated to Mr. Foxley my determination to stand by him. But Mr. Herries only laughed at the menacing posture which we assumed. "My good neighbour." said he, "you talk of a witness-Is yon crazy beggar a fit witness in an affair of this nature?"

"But you do not deny that you are Mr. Herries of Birrenswork, mentioned in the Secretary of State's warrant ?" said Mr. Foxley.

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How can I deny or own any thing about it?" said Herries, with a sneer. "There is no such warrant in existence now; its ashes, like the poor traitor whose doom it threatened, have been dispersed to the four winds of heaven. There is now no warrant in the world."

"But you will not deny," said the Justice, "that you were the person named in it; and that-ch-your own act destroyed it?"

"I will neither deny my name nor my actions, Justice," replied Mr. Herries, "when called upon by competent authority to avow or defend them. But I will resist all impertinent attempts either to intrude into my private motives, or to control my person. I am quite well prepared to do so; and I trust that you, my good neighbour and brother sportsman, in your expostulation, and my friend Mr. Nicholas Faggot here, in his humble advice and petition that I should surrender myself, will consider yourselves as having amply discharged your duty to King George and Government."

The cold and ironical tone in which he made this declaration; the look and attitude, so nobly expressive of absolute confidence in his own superior strength and energy, seemed to complete the indecision which had already shown itself on the side of those whom he addressed.

The Justice looked to the Clerk-the Clerk to the Justice; the former ha'd, eh'd, without bringing forth an articulate syllable; the latter only said, “As the warrant is destroyed, Mr. Justice, I presume you do not mean to proceed with the arrest?"

"Hum-ay-why no-Nicholas-it would not be quite advisable-and as the Forty-five was an old affair-and-hem-as my friend here will, I hope, see his error-that is, if he has not seen it already-and renounce the Pope, the Devil, and the PretenderI mean no harm, neighbour-I think we as we have no or constables, or the like-should order our horses--and, in one word, look the matter over.' "Judiciously resolved," said the person whom this

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decision affected; "but before you go, I trust you will drink and be friends?"

"Why," said the Justice, rubbing his brow, "our business has been-hem-rather a thirsty one.'

"Cristal Nixon," said Mr. Herries, "let us have a cool tankard instantly, large enough to quench the thirst of the whole commission."

While Cristal was absent on this genial errand, there was a pause, of which I endeavoured to avail myself, by bringing back the discourse to my own concerns. "Sir," said to Justice Foxley, "I have no direct business with your late discussion with Mr. Herries, only just thus far-You leave me, a loyal subject of King George, an unwilling prisoner in the hands of a person whom you have reason to believe unfriendly to the King's cause. I humbly submit that this is contrary to your duty as a magistrate, and that you ought to make Mr. Herries aware of the illegality of his proceedings, and take steps for my rescue, either upon the spot, or, at least, as soon as possible after you have left this case"

"Young man," said Mr. Justice Foxley, "I would have you remember you are under the power, the lawful power-ahem-of your guardian.'

"He calls himself so, indeed," I replied; "but he has shown no evidence to establish so absurd a claim; and if he had, his circumstances, as an attainted traitor excepted from pardon, would void such a right, if it existed. I do therefore desire you, Mr. Justice, and you, his clerk, to consider my situation, and afford me relief at your peril."

When this was arranged, the party took leave of each other, with much formality on the part of Squire Foxley, amongst whose adieus the following phrase was chiefly remarkable :-"I presume you do not intend to stay long in these parts?"

"Not for the present, Justice, you may be sure; there are good reasons to the contrary. But I have no doubt of arranging my affairs, so that we shall speedily have sport together again.

He went to wait upon the Justice to the court-yard; and, as he did so, commanded Cristal Nixon to see that I returned into my apartment. Knowing it would be to no purpose to resist or tamper with that stubborn functionary, I obeyed in silence, and was once more a prisoner in my former quarters.

CHAPTER VIII

LATIMER'S JOURNAL IN CONTINUATION.

I SPENT more than an hour, after returning to the apartment which I may call my prison, in reducing to writing the singular circumstances which I had just witnessed. Methought I could now form some guess at the character of Mr. Herries, upon whose name and situation the late scene had thrown considerable light ;-one of those fanatical Jacobites, doubtless, whose arms, not twenty years since, had shaken the British throne, and some of whom, though their party daily diminish in numbers, energy and power, retained still an inclination to renew the at"Here is a young fellow now," said the Justice, tempt they had found so desperate. He was indeed with much embarrassed looks, "thinks that I carry perfectly different from the sort of zealous Jacobites the whole statute law of England in my head and a whom it had been my luck hitherto to meet with. Fosse comitatus to execute them in my pocket! Why, Old ladies of family over their hyson, and gray-haired what good would my interference do ?-but-hum-lairds over their punch, I had often heard utter a little eh-I will speak to your guardian in your favour."

He took Mr. Herries aside, and seemed indeed to urge something upon him with much earnestness; and perhaps sucn a species of intercession was all which, in the circumstances, I was entitled to expect from him.

He

They often looked at me as they spoke together; and as Cristal Nixon entered with a huge four-pottle tankard, filled with the beverage his master had demanded, Herries turned away from Mr. Foxley somewhat impatiently, saying with emphasis, “I give you my word of honour, that you have not the slightest reason to apprehend any thing on his account. then took up the tankard, and saying aloud in Gaelic, Slaint an Rey," just tasted the liquor, and handed the tankard to Justice Foxley, who, to avoid the dilemma of pledging him to what might be the Pretender's health, drank to Mr. Herries' own, with much pointed solemnity, but in a draught far less moderate.

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The clerk imitated the example of his principal, and I was fain to follow their example, for anxiety and fear are at least as thirsty as sorrow is said to be. In a word, we exhausted the composition of ale, sherry, lemon juice, nutmeg, and other good things, stranded upon the silver bottom of the tankard, the huge toast, as well as the roasted orange, which had whilome floated jollily upon the brim, and rendered legible Dr. Byrom's celebrated lines engraved thereon

"God bless the King!-God bless the Faith's defender!
God bless-No harm in blessing the Pretender.
Who that Pretender is, and who that King,-
God bless us all --is quite another thing."

I had time enough to study this effusion of the Ja-
cobite muse, while the Justice was engaged in the
somewhat tedious ceremony of taking leave. That
of Mr. Faggot was less ceremonious; but I suspect
something besides empty compliment passed betwixt
him and Mr. Herries; for I remarked that the latter
slipped a piece of paper into the hand of the former,
which might perhaps be a little atonement for the
rashness with which he had burnt the warrant, and
imposed no gentle hand on the respectable minion of
the law by whom it was exhibited; and I observed
that he made this propitiation in such a manner as to
be secret from the worthy clerk's principal.
* The King's health.

Vol. IV

4 E

harmless treason; while the former remembered having led down a dance with the Chevalier, and the latter recounted the feats they had performed at Preston, Clifton, and Falkirk.

The dissaffection of such persons was too unimportant to excite the attention of government. I had heard, however, that there still existed partisans of the Stewart family, of a more daring and dangerous description; men who, furnished with gold from Rome, moved secretly and in disguise, through the various classes of society, and endeavoured to keep alive the expiring zeal of their party.

had no difficulty in assigning an important post among this class of persons, whose agency and exertion are only doubted by those who look on the surface of things, to this Mr. Herries, whose mental energies, as well as his personal strength and activity, seemed to qualify him well to act so dangerous a part; and I knew that, all along the Western Border, both in England and Scotland, there are so many Nonjurors, that such a person may reside there with absolute safety, unless it becomes, in a very especial degree, the object of the government to secure his person; and which purpose, even then, might be disappointed by early intelligence, or, as in the case of Mr. Foxley, by the unwillingness of provincial magistrates to interfere in what is now considered an invidious pursuit of the unfortunate.

There have, however, been rumours lately, as if the present state of the nation, or at least of some discontented provinces, agitated by a variety of causes, but particularly by the unpopularity of the present administration, may seem to this species of agitators a favourable period for recommencing their intrigues; while, on the other hand, government may not, at such a crisis, be inclined to look upon them with the contempt which a few years ago would have been their most appropriate punishment.

That men should be found rash enough to throw away their services and lives in a desperate cause, is nothing new in history, which abounds with instances of similar devotion-that Mr. Herries is such an enthusiast, is no less evident; but all this explains not his conduct towards me. Had he sought to make me a proselyte to his ruined cause, violence and compulsion were arguments very unlikely to prevail with any generous spirit. But even if such were his object, of what use to him could be the acquisition of a single

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