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to whom, on the contrary, we give the praise due to one who has collected and brought out with accuracy and effect, incidents and manners which might otherwise have slept in oblivion. We proceed to our proofs.*

The mutual protection afforded by Waverley and Talbot to each other, upon which the whole plot depends, is founded upon one of those anecdotes, which soften the features even of civil war, and as it is equally honourable to the memory of both parties, we have no hesitation to give their names at length. When the Highlanders upon the morning of the battle of Preston made their memorable attack, a battery of four field pieces was stormed and carried by the Camerons and the Stewarts of Appine. The late Alexander Stuart of Invernahyle was one of the foremost in the charge, and observed an officer of the King's forces, who, scorning to join the flight of all around, remained with his sword in his hand, as if determined to the very last to defend the post assigned to him. The Highland gentleman commanded him to surrender, and received for reply a thrust which he caught in his target. The officer was now defenceless, and the battle-axe of a gigantic Highlander (the miller of Invernahyle's mill) was uplifted to dash his brains out, when Mr. Stuart with difficulty prevailed on him to surrender. He took charge of his enemy's property, protected his person, and finally obtained him liberty on his parole. The officer proved to be Colonel Allan Whiteford, of Ballochmyle, in Ayrshire, a man of high character and influence, and warmly attached to the house of Hanover; yet such was the confidence existing between these two honourable men, though of different political principles, that while the civil war was raging, and straggling officers from the Highland army were executed without mercy,† Invernahyle hesitated not to pay his late captive a visit as he went back to the Highlands to raise fresh recruits, when he spent a few days among Colonel Whiteford's whig friends as pleasantly and good humouredly as if all had been at peace around him. After the battle of Culloden it was Colonel Whiteford's turn to strain every nerve to obtain Mr. Stuart's pardon. He went to the Lord Justice Clerk, to the Lord Advocate, and to all the officers of state, and each application was answered by the production of a list in which Invernahyle (as the good old gentleman was wont to express it) appeared marked with the sign of the beast!' At length Colonel Whiteford went to

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It will be readily conceived that the curious MSS. and other information of which we have availed ourselves were not accessible to us in this country: but we have been assiduous in our inquiries; and are happy enough to possess a correspondent whose researches on the spot have been indefatigable, and whose kind, and ready communications have anticipated all our wishes.

† As was the case with Mac Donald of Kinloch-moidart.

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the Duke of Cumberland. From him also he received a positive refusal. He then limited his request for the present, to a protection for Stuart's house, wife, children, and property. This was also refused by the Duke: on which Colonel Whiteford, taking his commission from his bosom, laid it on the table before his Royal Highness, and asked permission to retire from the service of a sovereign who did not know how to spare a vanquished enemy. The Duke was struck, and even affected. He bade the Colonel take up his commission, and granted the protection he required with so much earnestness. It was issued just in time to save the house, corn and cattle, at Invernahyle, from the troops who were engaged in laying waste what it was the fashion to call the country of the enemy. A small encampment of soldiers was formed on Invernahyle's property, which they spared while plundering the country around, and searching in every direction for the leaders of the insurrection, and for Stuart in particular. He was much nearer them than they suspected; for hidden in a cave, (like the Baron of Bradwardine,) he lay for many days within hearing of the sentinels, as they called their watch-word. His food was brought to him by one of his daughters, a child of eight years old, whom Mrs. Stuart was under the necessity of entrusting with this commission, for her own motions and those of all her inmates were closely watched. With ingenuity beyond her years the child used to stray about among the soldiers, who were rather kind to her, and watch the moment when she was unobserved to steal into the thicket, when she deposited whatever small store of provisions she had in charge, at some marked spot, where her father might find it. Invernahyle supported life for several weeks, by means of these precarious supplies, and as he had been wounded in the battle of Culloden, the hardships which he endured were aggravated by great bodily pain. After the soldiers had removed their quarters he had another remarkable escape. As he now ventured to the house at night and left it in the morning, he was espied during the dawn by a party of the enemy who fired at and pursued him. The fugitive being fortunate enough to escape their search, they returned to the house and charged the family with harbouring one of the proscribed traitors. An old woman had presence of mind enough to maintain that the man they had seen was the shepherd. Why did he not stop when we called to him?' said the soldiers. He is as deaf, poor man, as a peat-stack, answered the ready-witted domestic. 'Let him be sent for directly.'-The real shepherd accordingly was brought from the bill, and as there was time to tutor him by the way, he was as deaf when he made his appearance as was necessary to sustain his character. Stuart of Inveruabyle was afterwards pardoned under the act of indemnity.



him well,' says our correspondent, and have often had these circumstances from his own mouth. He was a noble specimen of the old Highlander, far descended, gallant, courteous and brave even to chivalry. He had been out in 1715 and 1745, was an active partaker in all the stirring scenes which passed in the Highlands, betwixt these memorable æras, and was remarkable, among other exploits, for having fought a duel with the broad sword with the celebrated Rob Roy Mac Gregor, at the Clachan of Balquidder. He chanced to be in Edinburgh when Paul Jones came into the Firth of Forth, and though then an old man, I saw him in arms, and heard him exult (to use his own words) in the prospect of "drawing his claymore once more before he died."

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The traditions and manners of the Scotch were so blended with superstitious practices and fears, that the author of these novels seems to have deemed it incumbent on him, to transfer many more such incidents to his novels, than seem either probable or natural to an English reader. It may be some apology that his story would have lost the national cast, which it was chiefly his object to preserve, had this been otherwise. There are few families of antiquity in Scotland, which do not possess some strange legends, told only under promise of secrecy, and with an air of mystery; in developing which, the influence of the powers of darkness is referred to. The truth probably is, that the agency of witches and demons was often made to account for the sudden disappearance of individuals and similar incidents, too apt to arise out of the evil dispositions of humanity, in a land where revenge was long held honourable-where private feuds and civil broils disturbed the inhabitants for ages-and where justice was but weakly and irregularly executed. Mr. Law, a conscientious but credulous clergyman of the Kirk of Scotland, who lived in the seventeenth century, has left behind him a very curious manuscript, in which, with the political events of that distracted period, he has intermingled the various portents and marvellous occurrences which, in common with his age, he ascribed to supernatural agency. The following extract will serve to illustrate the taste of this period for the supernatural. When we read such things recorded by men of sense and education, (and Mr. Law was deficient in neither,) we cannot help remembering the times of paganism, when every scene, incident, and action, had its appropriate and presiding deity. It is indeed curious to consider what must have been the sensations of a person, who lived under this peculiar species of hallucination, believing himself beset on all hands by invisible agents; one who was unable to account for the restiveness of a nobleman's carriage horses otherwise than by the immediate effect of witchcraft and supposed that the sage femme of the highest reputation



was most likely to devote the infants to the infernal spirits, upon their very entrance into life.

'It is remarkable that Michael, Jude 9, durst not bring against Sathan a railing accusation, but said, the Lord rebuke thee, Sathan. But it is fit to tremble and fear and be upon our watch. Women also in child-birth would look well whom they choice for their midwives, that they be of good report, it being very ordinar for them to be witches, such as are mala fama, because such as are so, ordinarily dedicate children to Sathan, especially the first-born, and use to baptize them in the name of the devil privately; howbeit that is of no force nor can be imputed to the children or parents, being free of any accession thereto; yet such a claim the devil may lay to such as to prove very troublesome to them by his temptations all their days, more especially to those children whose mothers are witches, there being nothing more ordinary to them than to dedicate their children to Sathan, and certainly it is a sin and an high provoke of God, and gives great ground to the devil to tempt, when parents are more satisfied with midwives of that name than others, as supposing them to have more skill, more helpfull, and better success in sic a case than others; a sin I fear too ryfe in the land, and indeed upon the matter, a forsaking of God. This John Stewart and his sister afore mentioned confessed that his mother gave them to the devil from the womb. It were good that our land had midwives fearing God, educate for that end. Sathan is God's ape, studies to imitate God in his covenanting with his people, so he hath his covenant with his, the seals of his covenant, his nip and the renewing of their covenant with the renewing of the nip, as also his other symbols and tokens, whereby he works, sic as these effigies or images, spells, syllabes and charms; and if he fail in the performance of what he promises, he makes some of them miscarry in their hands, and lays the blame there. I say, he studies to imitate God in his covenant and promises, not for any liking he has to God or his ways but because he finds God's method ensure the soul to himself: 2dly for mocking of God and his holy ways. The Earl of Dundonald with his Coach and himself and his lady, going to the marriage of his grandchild to the Lord Montgomery, from Paslay to Eglintown, an. 1676 in December, was stopt by the way at the said Jonet Mathie her daughter's house; the witch now a prisoner in Paslay upon that account; the horses of the coach refused to go by that door, and turned their heads homeward. Whereupon the gentlemen that rode with the Earl dismounted themselves, and yoked their horses in the coach; but by that door they would not go; on which occasion the Earl causes yoke his horses again in the coach, and so drives homeward with his Lady and all that was with him to Paslay. A very remarkable passage as has been in our days.'

To the superstitions of the North Britons must be added their peculiar and characteristic amusements; and here we have some atonement to make to the memory of the learned Paulus Pleydell, whose compotatory relaxations, better information now inclines us


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to think, we mentioned with somewhat too little reverence. Before the new town of Edinburgh (as it is called) was built, its inhabitants lodged, as is the practice of Paris at this day, in large buildings called lands, each family occupying a story, and having access to it by a stair common to all the inhabitants. These buildings, when they did not front the high street of the city, composed the sides of little, narrow, unwholesome closes or lanes. The miserable and confined accommodation which such habitations afforded, drove men of business, as they were called, that is, people belonging to the law, to hold their professional rendezvouses in taverns, and many lawyers of eminence spent the principal part of their time in some tavern of note, transacted their business there, received the visits of clients with their writers or attornies, and suffered no imputation from so doing. This practice naturally led to habits of conviviality, to which the Scottish lawyers, till of very late years, were rather too much addicted. Few men drank so hard as the counsellors of the old school, and there survived till of late some veterans who supported in that respect the character of their predecessors. To vary the humour of a joyous evening many frolics were resorted to, and the game of high jinks was one of the most common.* In fact, high jinks was one of the petits jeux with which certain circles were wont to while away the time; and though it claims no alliance with modern associations, yet, as it required some shrewdness and dexterity to support the characters assumed for the occasion, it is not difficult to conceive that it might have been as interesting and amusing to the parties engaged in it, as counting the spots of a pack of cards, or treasuring in memory the rotation in which they are thrown on the table. The worst of the game was what that age considered as its principal excellence, namely, that the forfeitures being all commuted for wine, it proved an encouragement to hard drinking, the prevailing vice of the age.

On the subject of Davie Gellatley, the fool of the Baron of Bradwardine's family, we are assured there is ample testimony that a custoin, referred to Shakspeare's time in England, had, and in remote provinces of Scotland, has still its counterpart, to this day. We do not mean to say that the professed jester with his bauble and his party-coloured vestment can be found in any family north of the Tweed. Yet such a personage held this respectable office in the family of the Earls of Strathemore within the last cen

We have learned, with some dismay, that one of the ablest lawyers Scotland ever produced, and who lives to witness (although in retirement) the various changes which have taken place in her courts of judicature, a man who has filled with marked distinction the highest offices of his profession, tush'd (pshaw'd) extremely at the delicacy of our former criticism. And certainly he claims some title to do so, having been in his youth not only a witness of such orgies as are described as proceeding under the auspices of Mr. Pleydell, but himself a distinguished performer.

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