to live unsettledly and more private, I could have—eh—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—charged—I 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.
'How can I deny or own anything 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—eh—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—aye—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 Pretender—I mean no harm, neighbour—I think we—as we have no POSSE, or constables, or the like—should order our horses—and, in one word, look the matter over.'
'Judiciously resolved,' said the person whom this 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,' I 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.'
'Here is a young fellow now,' said the Justice, with much-embarrassed looks, 'thinks that I carry the whole statute law of England in my head, and a POSSE COMITATUS to execute them in my pocket! Why, what good would my interference do?—but—hum—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 such a species of intercession was all which, in the circumstances, I was entitled to expect from him.
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 anything on his account.' He then took up the tankard, and saying aloud in Gaelic, 'SLAINT AN REY,'[37] 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's own, with much pointed solemnity, but in a draught far less moderate.
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 whilom floated jollily upon the brim, and rendered legible Dr. Byrom's celebrated lines engraved thereon—
I had time enough to study this effusion of the Jacobite 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.
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 courtyard; 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
