The Antiquary — Complete

'Bailie Littlejohn,' said the mendicant, 'if it be your honour's pleasure, we'll cut a lang tale short, and I'll just tell ye, I am no minded to answer ony o' thae questions—I'm ower auld a traveller to let my tongue bring me into trouble.'

'Write down,' said the magistrate, 'that he declines to answer all interrogatories, in respect that by telling the truth he might be brought to trouble.'

'Na, na,' said Ochiltree, 'I'll no hae that set down as ony part o' my answer—but I just meant to say, that in a' my memory and practice, I never saw ony gude come o' answering idle questions.'

'Write down,' said the Bailie, 'that, being acquainted with judicial interrogatories by long practice, and having sustained injury by answering questions put to him on such occasions, the declarant refuses.'

'Na, na, Bailie,' reiterated Edie, 'ye are no to come in on me that gait neither.'

'Dictate the answer yourself then, friend,' said the magistrate, 'and the clerk will take it down from your own mouth.'

'Ay, ay,' said Edie—'that's what I ca' fair play; I'se do that without loss o' time. Sae, neighbour, ye may just write down, that Edie Ochiltree, the declarant, stands up for the liberty—na, I maunna say that neither—I am nae liberty-boy—I hae fought again' them in the riots in Dublin—besides, I have ate the King's bread mony a day. Stay, let me see. Ay—write that Edie Ochiltree, the Blue-Gown, stands up for the prerogative—(see that ye spell that word right—it's a lang ane)—for the prerogative of the subjects of the land, and winna answer a single word that sall be asked at him this day, unless he sees a reason fort. Put down that, young man.'

'Then, Edie,' said the magistrate, 'since you will give no information on the subject, I must send you back to prison till you shall be delivered in due course of law.'

'Aweel, sir, if it's Heaven's will and man's will, nae doubt I maun submit,' replied the mendicant. 'I hae nae great objection to the prison, only that a body canna win out o't; and if it wad please you as weel, Bailie, I wad gie you my word to appear afore the Lords at the Circuit, or in ony other coart ye like, on ony day ye are pleased to appoint.'

'I rather think, my good friend,' answered Bailie Littlejohn, 'your word might be a slender security where your neck may be in some danger. I am apt to think you would suffer the pledge to be forfeited. If you could give me sufficient security, indeed'—

At this moment the Antiquary and Captain M'Intyre entered the apartment.—'Good morning to you, gentlemen,' said the magistrate; 'you find me toiling in my usual vocation—looking after the iniquities of the people—labouring for the respublica, Mr. Oldbuck—serving the King our master, Captain M'Intyre,—for I suppose you know I have taken up the sword?'

'It is one of the emblems of justice, doubtless,' answered the Antiquary;—'but I should have thought the scales would have suited you better, Bailie, especially as you have them ready in the warehouse.'

'Very good, Monkbarns—excellent! But I do not take the sword up as justice, but as a soldier—indeed I should rather say the musket and bayonet—there they stand at the elbow of my gouty chair, for I am scarce fit for drill yet—a slight touch of our old acquaintance podagra; I can keep my feet, however, while our sergeant puts me through the manual. I should like to know, Captain M'Intyre, if he follows the regulations correctly—he brings us but awkwardly to the present.' And he hobbled towards his weapon to illustrate his doubts and display his proficiency.

'I rejoice we have such zealous defenders, Bailie,' replied Mr. Oldbuck; 'and I dare say Hector will gratify you by communicating his opinion on your progress in this new calling. Why, you rival the Hecate' of the ancients, my good sir—a merchant on the Mart, a magistrate in the Townhouse, a soldier on the Links—quid non pro patria? But my business is with the justice; so let commerce and war go slumber.'

'Well, my good sir,' said the Bailie, 'and what commands have you for me?'

'Why, here's an old acquaintance of mine, called Edie Ochiltree, whom some of your myrmidons have mewed up in jail on account of an alleged assault on that fellow Dousterswivel, of whose accusation I do not believe one word.'

The magistrate here assumed a very grave countenance. 'You ought to have been informed that he is accused of robbery, as well as assault—a very serious matter indeed; it is not often such criminals come under my cognizance.'

'And,' replied Oldbuck, 'you are tenacious of the opportunity of making the very most of such as occur. But is this poor old man's case really so very bad?'

'It is rather out of rule,' said the Bailie—'but as you are in the commission, Monkbarns, I have no hesitation to show you Dousterswivel's declaration, and the rest of the precognition.' And he put the papers into the Antiquary's hands, who assumed his spectacles, and sat down in a corner to peruse them.

The officers, in the meantime, had directions to remove their prisoner into another apartment; but before they could do so, M'Intyre took an opportunity to greet old Edie, and to slip a guinea into his hand.

'Lord bless your honour!' said the old man; 'it's a young soldier's gift, and it should surely thrive wi' an auld ane. I'se no refuse it, though it's beyond my rules; for if they steek me up here, my friends are like eneugh to forget me—out o'sight out o'mind, is a true proverb; and it wadna be creditable for me, that am the king's bedesman, and entitled to beg by word of mouth, to be fishing for bawbees out at the jail window wi' the fit o' a stocking, and a string.' As he made this observation he was conducted out of the apartment.

Mr. Dousterswivel's declaration contained an exaggerated account of the violence he had sustained, and also of his loss.

'But what I should have liked to have asked him,' said Monkbarns, 'would have been his purpose in frequenting the ruins of St. Ruth, so lonely a place, at such an hour, and with such a companion as Edie Ochiltree. There is no road lies that way, and I do not conceive a mere passion for the picturesque would carry the German thither in such a night of storm and wind. Depend upon it, he has been about some roguery, and in all probability hath been caught in a trap of his own setting—Nec lex justitior ulla.'

The magistrate allowed there was something mysterious in that circumstance, and apologized for not pressing Dousterswivel, as his declaration was voluntarily emitted. But for the support of the main charge, he showed the declaration of the Aikwoods concerning the state in which Dousterswivel was found, and establishing the important fact that the mendicant had left the barn in which he was quartered, and did not return to it again. Two people belonging to the Fairport undertaker, who had that night been employed in attending the funeral of Lady Glenallan, had also given declarations, that, being sent to pursue two suspicious persons who left the ruins of St. Ruth as the funeral approached, and who, it was supposed, might have been pillaging some of the ornaments prepared for the ceremony, they had lost and regained sight of them more than once, owing to the nature of the ground, which was unfavourable for riding, but had at length fairly lodged them both in Mucklebackit's cottage. And one of the men added, that 'he, the declarant, having dismounted from his horse, and gone close up to the window of the hut, he saw the old Blue-Gown and young Steenie Mucklebackit, with others, eating and drinking in the inside, and also observed the said Steenie Mucklebackit show a pocket-book to the others;—and declarant has no doubt that Ochiltree and Steenie Mucklebackit were the persons whom he and his comrade had pursued, as above mentioned.' And being interrogated why he did not enter the said cottage, declares, 'he had no warrant so to do; and that as Mucklebackit and his family were understood to be rough-handed folk, he, the declarant, had no desire to meddle or make with their affairs, Causa scientiae patet. All which he declares to be truth,' etc.

'What do you say to that body of evidence against your friend?' said the magistrate, when he had observed the Antiquary had turned the last leaf.

'Why, were it in the case of any other person, I own I should say it looked, prima facie, a little ugly; but I cannot allow anybody to be in the wrong for beating Dousterswivel—Had I been an hour younger, or had but one single flash of your warlike genius, Bailie, I should have done it myself long ago. He is nebulo nebulonum, an impudent, fraudulent, mendacious quack, that has cost me a hundred pounds by his roguery, and my neighbour Sir Arthur, God knows how much. And besides, Bailie, I do not hold him to be a sound friend to Government.'

'Indeed?' said Bailie Littlejohn; 'if I thought that, it would alter the question considerably.'

'Right—for, in beating him,' observed Oldbuck, 'the bedesman must have shown his gratitude to the king by thumping his enemy; and in robbing him, he would only have plundered an Egyptian, whose wealth it is lawful to spoil. Now, suppose this interview in the ruins of St. Ruth had relation to politics,—and this story of hidden treasure, and so forth, was a bribe from the other side of the water for some great man, or the funds destined to