“Events of this kind pass in less time than the description of them can be written, or than it can be read. The Colonel was for a few moments supported by his men, and particularly by that worthy person Lieutenant-Colonel Whitney, who was shot through the arm here, and a few months after fell nobly at the battle of Falkirk, and by Lieutenant West, a man of distinguished bravery, as also by about fifteen dragoons, who stood by him to the last. But after a faint fire, the regiment in general was seized with a panic; and though their Colonel and some other gallant officers did what they could to rally them once or twice, they at last took a precipitate flight. And just in the moment when Colonel Gardiner seemed to be making a pause to deliberate what duty required him to do in such circumstances, an accident happened, which must, I think, in the judgment of every worthy and generous man, be allowed a sufficient apology for exposing his life to so great hazard, when his regiment had left him. He saw a party of the foot, who were then bravely fighting near him, and whom he was ordered to support, had no officer to head them; upon which he said eagerly, in the hearing of the person from whom I had this account, “These brave fellows will be cut to pieces for want of a commander,” or words to that effect; which while he was speaking he rode up to them and cried out, “Fire on, my lads, and fear nothing.” But just as the words were out of his mouth, a Highlander advanced towards him with a scythe fastened to a long pole, with which he gave him so dreadful a wound on his right arm, that his sword dropped out of his hand; and at the same time several others coming about him while he was thus dreadfully entangled with that cruel weapon, he was dragged off from his horse. The moment he fell, another Highlander, who, if the king’s evidence at Carlisle may be credited (as I know not why they should not, though the unhappy creature died denying it), was one MacNaught, who was executed about a year after, gave him a stroke either with a broadsword or a Lochaber-axe (for my informant could not exactly distinguish) on the hinder part of his head, which was the mortal blow. All that his faithful attendant saw farther at this time was that, as his hat was fallen off, he took it in his left hand and waved it as a signal to him to retreat, and added, what were the last words he ever heard him speak, ‘Take care of yourself’; upon which the servant retired” (Some Remarkable Passages in the Life of Colonel James Gardiner, by P. Doddridge, D. D. London, , p. 187).
I may remark on this extract, that it confirms the account given in the text of the resistance offered by some of the English infantry. Surprised by a force of a peculiar and unusual description, their opposition could not be long or formidable, especially as they were deserted by the cavalry, and those who undertook to manage the artillery. But, although the affair was soon decided, I have always understood that many of the infantry showed an inclination to do their duty. ↩
It is scarcely necessary to say that the character of this brutal young Laird is entirely imaginary. A gentleman, however, who resembled Balmawhapple in the article of courage only, fell at Preston in the manner described. A Perthshire gentleman of high honour and respectability, one of the handful of cavalry who followed the fortunes of Charles Edward, pursued the fugitive dragoons almost alone till near Saint Clement’s Wells, where the efforts of some of the officers had prevailed on a few of them to make a momentary stand. Perceiving at this moment that they were pursued by only one man and a couple of servants, they turned upon him and cut him down with their swords. I remember when a child, sitting on his grave, where the grass long grew rank and green, distinguishing it from the rest of the field. A female of the family then residing at Saint Clement’s Wells used to tell me the tragedy, of which she had been an eyewitness, and showed me in evidence one of the silver clasps of the unfortunate gentleman’s waistcoat.115 ↩
The Laird of Balmawhapple. The gentleman who was killed in the manner described was Mr. David Threipland, of the Fingask family, “an elegant person and in delicate health.” A different account of his death is given in a letter by his sister, Miss Christian Threipland, . “As my eldest brother and twenty more horsemen were planted at a pass to prevent their escape-making, the resolute dragoons wounded three, and killed my brother and another” —The Threiplands of Fingask. By Robert Chambers. Edinburgh, —Editor ↩
“Letters of slains.” This remark was added by Scott by an afterthought in his manuscript. In Hume’s Commentaries on the Laws of Scotland, respecting crimes (Edinburgh, ), vol. I p. 279, we read:—
“When it happens that the panel is convicted only of culpable homicide [and in certain other cases], he becomes liable in a sum of money, or assythment, as it is called, to the widow and children or others next of kin to the deceased. … It is a point of controversy whether this is to be properly viewed as damages, or (which is the view of Lord Kames) as the remains of an old and barbarous usage, before the full establishment of public justice, when the
