came the year 'Forty-five, which made Scotland to be talked of
everywhere; but I never heard it said we had anyway gained by the
'Forty-five. And now we come to this cause of Mr. Balfour's, as you
call it. Sheriff Miller tells us
historical writers are to date from
it, and I would not wonder. It is only my fear they would date from it
as a period of
calamity and public reproach."
The nimble-witted Miller had already smelt where I was travelling to,
and made haste to get on the same road. "Forcibly put, Mr. Balfour,"
says he. "A weighty observe, sir."
"We have next to ask ourselves if it will be good for King George," I
pursued. "Sheriff Miller appears pretty easy upon this; but I doubt
you will
scarce be able to pull down the house from under him, without
his Majesty coming by a knock or two, one of which might easily prove
fatal."
I have them a chance to answer, but none volunteered.
"Of those for whom the case was to be profitable," I went on, "Sheriff
Miller gave us the names of several, among the which he was good enough
to mention mine. I hope he will
pardon me if I think
otherwise. I
believe I hung not the least back in this affair while there was life
to be saved; but I own I thought myself
extremely hazarded, and I own I
think it would be a pity for a young man, with some idea of coming to
the Bar, to ingrain upon himself the
character of a
turbulent, factious
fellow before he was yet twenty. As for James, it seems - at this date
of the proceedings, with the
sentence as good as
pronounced - he has no
hope but in the King's mercy. May not his Majesty, then, be more
pointedly addressed, the
characters of these high officers sheltered
from the public, and myself kept out of a position which I think spells
ruin for me?"
They all sat and gazed into their glasses, and I could see they found
my attitude on the affair unpalatable. But Miller was ready at all
events.
"If I may be allowed to put my young friend's notion in more formal
shape," says he, "I understand him to propose that we should
embody the
fact of his sequestration, and perhaps some heads of the
testimony he
was prepared to offer, in a
memorial to the Crown. This plan has
elements of success. It is as likely as any other (and perhaps
likelier) to help our
client. Perhaps his Majesty would have the
goodness to feel a certain
gratitude to all
concerned in such a
memorial, which might be construed into an expression of a very
delicate
loyalty; and I think, in the drafting of the same, this view
might be brought forward."
They all nodded to each other, not without sighs, for the former
alternative was
doubtless more after their inclination.
"Paper, then, Mr. Stewart, if you please," pursued Miller; "and I think
it might very fittingly be signed by the five of us here present, as
procurators for the condemned man."'
"It can do none of us any harm, at least," says Colstoun, heaving
another sigh, for he had seen himself Lord Advocate the last ten
minutes.
Thereupon they set themselves, not very
enthusiastically, to draft the
memorial - a process in the course of which they soon caught fire; and
I had no more ado but to sit looking on and answer an occasional
question. The paper was very well expressed;
beginning with a
recitation of the facts about myself, the
reward offered for my
apprehension, my
surrender, the
pressure brought to bear upon me; my
sequestration; and my
arrival at Inverary in time to be too late; going
on to explain the reasons of
loyalty and public interest for which it
was agreed to waive any right of action; and winding up with a forcible
appeal to the King's mercy on
behalf of James.
Methought I was a good deal sacrificed, and rather represented in the
light of a firebrand of a fellow whom my cloud of lawyers had
restrained with difficulty from extremes. But I let it pass, and made
but the one
suggestion, that I should be described as ready to deliver
my own evidence and adduce that of others before any
commission of
inquiry - and the one demand, that I should be immediately furnished
with a copy.
Colstoun hummed and hawed. "This is a very
confidential document,"
said he.
"And my position towards Prestongrange is highly peculiar," I replied.
"No question but I must have touched his heart at our first interview,
so that he has since stood my friend
consistently. But for him,
gentlemen, I must now be lying dead or awaiting my
sentence alongside
poor James. For which reason I choose to
communicate to him the fact
of this
memorial as soon as it is copied. You are to consider also
that this step will make for my
protection. I have enemies here
accustomed to drive hard; his Grace is in his own country, Lovat by his
side; and if there should hang any ambiguity over our proceedings I
think I might very well awake in gaol."
Not
finding any very ready answer to these
considerations, my company
of advisers were at the last persuaded to consent, and made only this
condition that I was to lay the paper before Prestongrange with the
express compliments of all
concerned.
The Advocate was at the castle dining with his Grace. By the hand of
one of Colstoun's servants I sent him a billet asking for an interview,
and received a summons to meet him at once in a private house of the
town. Here I found him alone in a
chamber; from his face there was
nothing to be gleaned; yet I was not so unobservant but what I spied
some halberts in the hall, and not so
stupid but what I could gather he
was prepared to
arrest me there and then, should it appear advisable.
"So, Mr. David, this is you?" said he.
"Where I fear I am not overly
welcome, my lord," said I. "And I would
like before I go further to express my sense of your
lordship's good
offices, even should they now cease."
"I have heard of your
gratitude before," he replied drily, "and I think
this can
scarce be the matter you called me from my wine to listen to.
I would remember also, if I were you, that you still stand on a very
boggy foundation."
"Not now, my lord, I think," said I; "and if your
lordship will but
glance an eye along this, you will perhaps think as I do."
He read it sedulously through, frowning heavily; then turned back to
one part and another which he seemed to weigh and compare the effect
of. His face a little lightened.
"This is not so bad but what it might be worse," said he; "though I am
still likely to pay dear for my
acquaintance with Mr. David Balfour."
"Rather for your
indulgence to that
unlucky young man, my lord," said
I.
He still skimmed the paper, and all the while his spirits seemed to
mend.
"And to whom am I
indebted for this?" he asked
presently. "Other
counsels must have been discussed, I think. Who was it proposed this
private method? Was it Miller?"
"My lord, it was myself," said I. "These gentlemen have shown me no
such
consideration, as that I should deny myself any credit I can
fairly claim, or spare them any
responsibility they should properly
bear. And the mere truth is, that they were all in favour of a process
which should have
remarkable consequences in the Parliament House, and
prove for them (in one of their own expressions) a dripping roast.
Before I intervened, I think they were on the point of sharing out the
different law appointments. Our friend Mr. Simon was to be taken in
upon some composition."
Prestongrange smiled. "These are our friends," said he. "And what
were your reasons for dissenting, Mr. David?"
I told them without
concealment, expressing, however, with more force
and
volume those which regarded Prestongrange himself.
"You do me no more than justice," said he. "I have fought as hard in
your interest as you have fought against mine. And how came you here
to-day?" he asked. "As the case drew out, I began to grow
uneasy that
I had clipped the period so fine, and I was even expecting you to-
morrow. But to-day - I never dreamed of it."
I was not of course, going to
betray Andie.
"I
suspect there is some very weary cattle by the road," said I