Angus. I do not believe poor Oliver had feud with a new hatched chicken. Alas! he was the more fully prepared for a sudden call!'
'Hark ye, smith,' said the provost, 'answer me distinctly: Is there cause of feud between the household of Sir John Ramorny and yourself?'
'To a certainty, my lord, there is. It is now generally said that Black Quentin, who went over Tay to Fife some days since, was the owner of the hand which was found in Couvrefew Street upon the eve of St. Valentine. It was I who struck off that hand with a blow of my broadsword. As this Black Quentin was a chamberlain of Sir John, and much trusted, it is like there must be feud between me and his master's dependants.'
'It bears a likely front, smith,' said Sir Patrick Charteris. 'And now, good brothers and wise magistrates, there are two suppositions, each of which leads to the same conclusion. The maskers who seized our fellow citizen, and misused him in a manner of which his body retains some slight marks, may have met with their former prisoner as he returned homewards, and finished their ill usage by taking his life. He himself expressed to Henry Gow fears that this would be the case. If this be really true, one or more of Sir John Ramorny's attendants must have been the assassins. But I think it more likely that one or two of the revellers may have remained on the field, or returned to it, having changed perhaps their disguise, and that to those men (for Oliver Proudfute, in his own personal appearance, would only have been a subject of sport) his apparition in the dress, and assuming, as he proposed to do, the manner, of Henry Smith, was matter of deep hatred; and that, seeing him alone, they had taken, as they thought, a certain and safe mode to rid themselves of an enemy so dangerous as all men know Henry Wynd is accounted by those that are his unfriends. The same train of reasoning, again, rests the guilt with the household of Sir John Ramorny. How think you, sirs? Are we not free to charge the crime upon them?'
The magistrates whispered together for several minutes, and then replied by the voice of Bailie Craigdallie: 'Noble knight, and our worthy provost, we agree entirely in what your wisdom has spoken concerning this dark and bloody matter; nor do we doubt your sagacity in tracing to the fellowship and the company of John Ramorny of that ilk the villainy which hath been done to our deceased fellow citizen, whether in his own character and capacity or as mistaking him for our brave townsman, Henry of the Wynd. But Sir John, in his own behalf, and as the Prince's master of the horse, maintains an extensive household; and as, of course, the charge will be rebutted by a denial, we would ask how we shall proceed in that case. It is true, could we find law for firing the lodging, and putting all within it to the sword; the old proverb of 'Short rede, good rede,' might here apply; for a fouler household of defiers of God, destroyers of men, and debauchers of women are nowhere sheltered than are in Ramorny's band. But I doubt that this summary mode of execution would scarce be borne out by the laws; and no tittle of evidence which I have heard will tend to fix the crime on any single individual or individuals.'
Before the provost could reply, the town clerk arose, and, stroking his venerable beard, craved permission to speak, which was instantly granted.
'Brethren,' he said, 'as well in our fathers' time as ours; hath God, on being rightly appealed to, condescended to make manifest the crimes of the guilty and the innocence of those who may have been rashly accused. Let us demand from our sovereign lord, King Robert, who, when the wicked do not interfere to pervert his good intentions, is as just and clement a prince as our annals can show in their long line, in the name of the Fair City, and of all the commons in Scotland, that he give us, after the fashion of our ancestors, the means of appealing to Heaven for light upon this dark murder, we will demand the proof by 'bier right,' often granted in the days of our sovereign's ancestors, approved of by bulls and decretals, and administered by the great Emperor Charlemagne in France, by King Arthur in Britain, and by Gregory the Great, and the mighty Achaius, in this our land of Scotland.'
'I have heard of the bier right, Sir Louis,' quoth the provost, 'and I know we have it in our charters of the Fair City; but I am something ill learned in the ancient laws, and would pray you to inform us more distinctly of its nature.'
'We will demand of the King,' said Sir Louis Lundin, 'my advice being taken, that the body of our murdered fellow citizen be transported into the High Church of St. John, and suitable masses said for the benefit of his soul and for the discovery of his foul murder. Meantime, we shall obtain an order that Sir John Ramorny give up a list of such of his household as were in Perth in the course of the night between Fastern's Even and this Ash Wednesday, and become bound to present them on a certain day and hour, to be early named, in the High Church of St. John, there one by one to pass before the bier of our murdered fellow citizen, and in the form prescribed to call upon God and His saints to bear witness that he is innocent of the acting, art or part, of the murder. And credit me, as has been indeed proved by numerous instances, that, if the murderer shall endeavour to shroud himself by making such an appeal, the antipathy which subsists between the dead body and the hand which dealt the fatal blow that divorced it from the soul will awaken some imperfect life, under the influence of which the veins of the dead man will pour forth at the fatal wounds the blood which has been so long stagnant in the veins. Or, to speak more certainly, it is the pleasure of Heaven, by some hidden agency which we cannot comprehend, to leave open this mode of discovering the wickedness of him who has defaced the image of his Creator.'
'I have heard this law talked of,' said Sir Patrick, 'and it was enforced in the Bruce's time. This surely is no unfit period to seek, by such a mystic mode of inquiry, the truth to which no ordinary means can give us access, seeing that a general accusation of Sir John's household would full surely be met by a general denial. Yet I must crave farther of Sir Louis, our reverend town clerk, how we shall prevent the guilty person from escaping in the interim?'
'The burghers will maintain a strict watch upon the wall, drawbridges shall be raised and portcullises lowered, from sunset to sunrise, and strong patrols maintained through the night. This guard the burghers will willingly maintain, to secure against the escape of the murderer of their townsman.'
The rest of the counsellors acquiesced, by word, sign, and look, in this proposal.
'Again,' said the provost, 'what if any one of the suspected household refuse to submit to the ordeal of bier right?'
'He may appeal to that of combat,' said the reverend city scribe, 'with an opponent of equal rank; because the accused person must have his choice, in the appeal to the judgment of God, by what ordeal he will be tried. But if he refuses both, he must be held as guilty, and so punished.'
The sages of the council unanimously agreed with the opinion of their provost and town clerk, and resolved, in all formality, to petition the King, as a matter of right, that the murder of their fellow citizen should be inquired into according to this ancient form, which was held to manifest the truth, and received as matter of evidence in case of murder so late as towards the end of the 17th century. But before the meeting dissolved, Bailie Craigdallie thought it meet to inquire who was to be the champion of Maudie, or Magdalen, Proudfute and her two children.
'There need be little inquiry about that,' said Sir Patrick Charteris; 'we are men, and wear swords, which should be broken over the head of any one amongst us who will not draw it in behalf of the widow and orphans of our murdered fellow citizen, and in brave revenge of his death. If Sir John Ramorny shall personally resent the inquiry, Patrick Charteris of Kinfauns will do battle with him to the outrance, whilst horse and man may stand, or spear and blade hold together. But in case the challenger be of yeomanly degree, well wot I that Magdalen Proudfute may choose her own champion among the bravest burghers of Perth, and shame and dishonour were it to the Fair City for ever could she light upon one who were traitor and coward enough to say her nay! Bring her hither, that she may make her election.'
Henry Smith heard this with a melancholy anticipation that the poor woman's choice would light upon him, and that his recent reconciliation with his mistress would be again dissolved, by his being engaged in a fresh quarrel, from which there lay no honourable means of escape, and which, in any other circumstances, he would have welcomed as a glorious opportunity of distinguishing himself, both in sight of the court and of the city. He was aware that, under the tuition of Father Clement, Catharine viewed the ordeal of battle rather as an insult to religion than an appeal to the Deity, and did not consider it as reasonable that superior strength of arm or skill of weapon should be resorted to as the proof of moral guilt or innocence. He had, therefore, much to fear from her peculiar opinions in this particular, refined as they were beyond those of the age she lived in.
While he thus suffered under these contending feelings, Magdalen, the widow of the slaughtered man, entered the court, wrapt in a deep mourning veil, and followed and supported by five or six women of good (that is, of respectability) dressed in the same melancholy attire. One of her attendants held an infant in her arms, the last pledge of poor Oliver's nuptial affections. Another led a little tottering creature of two years, or thereabouts, which looked with wonder and fear, sometimes on the black dress in which they had muffled him, and sometimes
