"My name is Middleburgh – Mr. James Middleburgh, one of the present magistrates of the city of Edinburgh."
"It may be sae," answered Deans laconically, and without interrupting his labour.
"You must understand," he continued, "that the duty of a magistrate is sometimes an unpleasant one."
"It may be sae," replied David; "I hae naething to say in the contrair;" and he was again doggedly silent.
"You must be aware," pursued the magistrate, "that persons in my situation are often obliged to make painful and disagreeable inquiries of individuals, merely because it is their bounden duty."
"It may be sae," again replied Deans; "I hae naething to say anent it, either the tae way or the t'other. But I do ken there was ance in a day a just and God-fearing magistracy in yon town o' Edinburgh, that did not bear the sword in vain, but were a terror to evil-doers, and a praise to such as kept the path. In the glorious days of auld worthy faithfu' Provost Dick,41 when there was a true and faithfu' General Assembly of
the Kirk, walking hand in hand with the real noble Scottish-hearted barons, and with the magistrates of this and other towns, gentles, burgesses, and commons of all ranks, seeing with one eye, hearing with one ear, and upholding the ark with their united strength – And then folk might see men deliver up their silver to the state's use, as if it had been as muckle sclate stanes. My father saw them toom the sacks of dollars out o' Provost Dick's window intill the carts that carried them to the army at Dunse Law; and if ye winna believe his testimony, there is the window itsell still standing in the Luckenbooths – I think it's a claith-merchant's booth the day42 – at the airn stanchells, five doors abune Gossford's Close.
– But now we haena sic spirit amang us; we think mair about the warst wallydraigle in our ain byre, than about the blessing which the angel of the covenant gave to the Patriarch even at Peniel and Mahanaim, or the binding obligation of our national vows; and we wad rather gie a pund Scots to buy an unguent to clear out auld rannell-trees and our beds o' the English bugs as they ca' them, than we wad gie a plack to rid the land of the swarm of Arminian caterpillars, Socinian pismires, and deistical Miss Katies, that have ascended out of the bottomless pit, to plague this perverse, insidious, and lukewarm generation."
It happened to Davie Deans on this occasion, as it has done to many other habitual orators; when once he became embarked on his favourite subject, the stream of his own enthusiasm carried him forward in spite of his mental distress, while his well-exercised memory supplied him amply with all the types and tropes of rhetoric peculiar to his sect and cause.
Mr. Middleburgh contented himself with answering – "All this may be very true, my friend; but, as you said just now, I have nothing to say to it at present, either one way or other. – You have two daughters, I think, Mr. Deans?"
The old man winced, as one whose smarting sore is suddenly galled; but instantly composed himself, resumed the work which, in the heat of his declamation, he had laid down, and answered with sullen resolution, "Ae daughter, sir – only ane."
"I understand you," said Mr. Middleburgh; "you have only one daughter here at home with you – but this unfortunate girl who is a prisoner – she is, I think, your youngest daughter?"
The Presbyterian sternly raised his eyes. "After the world, and according to the flesh, she is my daughter; but when she became a child of Belial, and a company-keeper, and a trader in guilt and iniquity, she ceased to be a bairn of mine."
"Alas, Mr. Deans," said Middleburgh, sitting down by him, and endeavouring to take his hand, which the old man proudly withdrew, "we are ourselves all sinners; and the errors of our offspring, as they ought not to surprise us, being the portion which they derive of a common portion of corruption inherited through us, so they do not entitle us to cast them off because they have lost themselves."
"Sir," said Deans impatiently, "I ken a' that as weel as – I mean to say," he resumed, checking the irritation he felt at being schooled – a discipline of the mind which those most ready to bestow it on others do themselves most reluctantly submit to receive – "I mean to say, that what ye o serve may be just and reasonable – But I hae nae freedom to enter into my ain private affairs wi' strangers – And now, in this great national emergency, When there's the Porteous' Act has come doun frae London, that is a deeper blow to this poor sinfu' kingdom and suffering kirk than ony that has been heard of since the foul and fatal Test – at a time like this"
"But, goodman," interrupted Mr. Middleburgh, "you must think of your own household first, or else you are worse even than the infidels."
"I tell ye, Bailie Middleburgh," retorted David Deans, "if ye be a bailie, as there is little honour in being ane in these evil days – I tell ye, I heard the gracious Saunders Peden – I wotna whan it was; but it was in killing time, when the plowers were drawing alang their furrows on the back of the Kirk of Scotland – I heard him tell his hearers, gude and waled Christians they were too, that some o' them wad greet mair for a bit drowned calf or stirk than for a' the defections and oppressions of the day; and that they were some o' them thinking o' ae thing, some o' anither, and there was Lady Hundleslope thinking o' greeting Jock at the fireside! And the lady confessed in my hearing that a drow of anxiety had come ower her for her son that she had left at hame weak of a decay43 – And what wad he hae said of me if I had ceased to think of the gude cause for a castaway – a – It kills me to think of what she is!"
"But the life of your child, goodman – think of that – if her life could be saved," said Middleburgh.
"Her life!" exclaimed David – "I wadna gie ane o' my grey hairs for her life, if her gude name be gane – And yet," said he, relenting and retracting as he spoke, "I wad make the niffer, Mr. Middleburgh – I wad gie a' these grey hairs that she has brought to shame and sorrow – I wad gie the auld head they grow on for her life, and that she might hae time to amend and return, for what hae the wicked beyond the breath of their nosthrils? – but I'll never see her mair – No! – that – that I am determined in – I'll never see her mair!" His lips continued to move for a minute after his voice ceased to be heard, as if he were repeating the same vow internally.
"Well, sir," said Mr. Middleburgh, "I speak to you as a man of sense; if you would save your daughter's life, you must use human means."
"I understand what you mean; but Mr. Novit, who is the procurator and doer of an honourable person, the Laird of Dumbiedikes, is to do what carnal wisdom can do for her in the circumstances. Mysell am not clear to trinquet and traffic wi' courts o' justice as they are now constituted; I have a tenderness and scruple in my mind anent them."
"That is to say," said Middleburgh, "that you are a Cameronian, and do not acknowledge the authority of our courts of judicature, or present government?"
"Sir, under your favour," replied David, who was too proud of his own polemical knowledge to call himself the follower of any one, "ye take me up before I fall down. I canna see why I suld be termed a Cameronian, especially now that ye hae given the name of that famous and savoury sufferer, not only until a regimental band of souldiers, [H. M. 26th Foot] whereof I am told many can now curse, swear, and use profane language, as fast as ever Richard Cameron could preach or pray, but also because ye have, in as far as it is in your power, rendered that martyr's name vain and contemptible, by pipes, drums, and fifes, playing the vain carnal spring called the Cameronian Rant, which too many professors of religion dance to – a practice maist unbecoming a professor to dance to any tune whatsoever, more especially promiscuously, that is, with the female sex.44 A brutish fashion it is, whilk is the beginning of defection with many, as I may hae as muckle cause as maist folk to testify."
"Well, but, Mr. Deans," replied Mr. Middleburgh, "I only meant to say that you were a Cameronian, or MacMillanite, one of the society people, in short, who think it inconsistent to take oaths under a government where the Covenant is not ratified."
"Sir," replied the controversialist, who forgot even his present distress in such discussions as these, "you cannot fickle me sae easily as you do opine. I am not a MacMillanite, or a Russelite, or a Hamiltonian, or a Harleyite, or a Howdenite45 – I will be led by the nose by none – I take my name as a Christian from no vessel of clay. I have my own principles and practice to answer for, and am an humble pleader for the gude auld cause in a legal way."
"That is to say, Mr. Deans," said Middleburgh, "that you are a Deanite, and have opinions peculiar to yourself."
"It may please you to say sae," said David Deans; "but I have maintained my testimony before as great folk, and in sharper times; and though I will neither exalt myself nor pull down others, I wish every man and woman in this land had kept the true testimony, and the middle and straight path, as it were, on the ridge of a hill, where wind and water shears, avoiding right-hand snares and extremes, and left-hand way-slidings, as weel as Johnny Dodds of Farthing's Acre, and ae man mair that shall be nameless."
"I suppose," replied the magistrate, "that is as much as to say, that Johnny Dodds of Farthing's Acre, and David Deans of St. Leonard's, constitute the only members of the true, real, unsophisticated Kirk of Scotland?"
"God forbid that I suld make sic a vain-glorious speech, when there are sae mony professing Christians!" answered David; "but this I maun say, that all men act according to their gifts and their grace, 'sae that it is nae marvel that"
"This is all very fine," interrupted Mr. Middleburgh; "but I have no time to spend in hearing it. The matter in hand is this – I have directed a citation to be lodged in your daughter's hands – If she appears on the day of trial and gives evidence, there is reason to hope she may save her sister's life – if, from any constrained scruples about the legality of her performing the office of an affectionate sister and a good subject, by appearing in a court held under the authority of the law and government, you become the means of deterring her from the discharge of this duty, I must say, though the truth may sound harsh in your ears, that you, who gave life to this unhappy girl, will become the means of her losing it by a premature and violent death."
So saying, Mr. Middleburgh turned to leave him.
"Bide awee – bide awee, Mr. Middleburgh," said Deans, in great perplexity and distress of mind; but the Bailie, who was probably sensible that protracted discussion might diminish the effect of his best and most forcible argument, took a hasty leave, and declined entering farther into the controversy.
Deans sunk down upon his seat, stunned with a variety of conflicting emotions. It had been a great source of controversy among those holding his opinions in religious matters how far the government which succeeded the Revolution could be, without sin, acknowledged by true Presbyterians, seeing that it did not recognise the great national testimony of the Solemn League and Covenant? And latterly, those agreeing in this general doctrine, and assuming the sounding title of "The anti-Popish, anti-Prelatic, anti-Erastian, anti-Sectarian, true Presbyterian remnant," were divided into many petty sects among themselves, even as to the extent of submission to the existing laws and rulers, which constituted such an acknowledgment as amounted to sin.
At a very stormy and tumultuous meeting, held in 1682, to discuss these important and delicate points, the testimonies of the faithful few were found utterly inconsistent with each other.46
The place where this conference took place was remarkably well adapted for such an assembly. It was a wild and very sequestered dell in Tweeddale, surrounded by high hills, and far remote from human habitation. A small river, or rather a mountain torrent, called the Talla, breaks down the glen with great fury, dashing successively over a number of small cascades, which has procured the spot the name of Talla Linns. Here the leaders among the scattered adherents to the Covenant, men who, in their banishment from human society, and in the recollection of the seventies to which they had been exposed, had become at once sullen in their tempers, and fantastic in their religious opinions, met with arms in their hands, and by the side of the torrent discussed, with a turbulence which the noise of the stream could not drown, points of controversy as empty and unsubstantial as its foam.
It was the fixed judgment of most of the meeting, that all payment of cess or tribute to the existing government was utterly unlawful, and a sacrificing to idols. About other impositions and degrees of submission there were various opinions; and perhaps it is the best illustration of the spirit of those military fathers of the church to say, that while all allowed it was impious to pay the cess employed for maintaining the standing army and militia, there was a fierce controversy on the lawfulness of paying the duties levied at ports and bridges, for maintaining roads and other necessary purposes; that there were some who, repugnant to these imposts for turnpikes and pontages, were nevertheless free in conscience to make payment of the usual freight at public ferries, and that a person of exceeding and punctilious zeal, James Russel, one of the slayers of the Archbishop of St. Andrews, had given his testimony with great warmth even against this last faint shade of subjection to constituted authority. This ardent and enlightened person and his followers had also great scruples about the lawfulness of bestowing the ordinary names upon the days of the week and the months of the year, which savoured in their nostrils so strongly of paganism, that at length they arrived at the conclusion that they who owned such names as Monday, Tuesday, January, February, and so forth, "served themselves heirs to the same, if not greater punishment, than had been denounced against the idolaters of old."
David Deans had been present on this memorable occasion, although too young to be a speaker among the polemical combatants. His brain, however, had been thoroughly heated by the noise, clamour, and metaphysical ingenuity of the discussion, and it was a controversy to which his mind had often returned; and though he carefully disguised his vacillation from others, and, perhaps from himself, he had never been able to come to any precise line of decision on the subject. In fact, his natural sense had acted as a counterpoise to his controversial zeal. He was by no means pleased with the quiet and indifferent manner in which King William's government slurred over the errors of the times, when, far from restoring the Presbyterian kirk to its former supremacy, they passed an act of oblivion even to those who had been its persecutors, and bestowed on many of them titles, favours, and employments. When, in the first General Assembly which succeeded the Revolution, an overture was made for the revival of the League and Covenant, it was with horror that Douce David heard the proposal eluded by the men of carnal wit and policy, as he called them, as being inapplicable to the present times, and not falling under the modern model of the church. The reign of Queen Anne had increased his conviction, that the Revolution government was not one of the true Presbyterian complexion. But then, more sensible than the bigots of his sect, he did not confound the moderation and tolerance of these two reigns with the active tyranny and oppression exercised in those of Charles II. and James II. The Presbyterian form of religion, though deprived of the weight formerly attached to its sentences of excommunication, and compelled to tolerate the coexistence of Episcopacy, and of sects of various descriptions, was still the National Church; and though the glory of the second temple was far inferior to that which had flourished from 1639 till the battle of Dunbar, still it was a structure that, wanting the strength and the terrors, retained at least the form and symmetry, of the original model. Then came the insurrection in 1715, and David Deans's horror for the revival of the Popish and prelatical faction reconciled him greatly to the government of King George, although he grieved that that monarch might be suspected of a leaning unto Erastianism. In short, moved by so many different considerations, he had shifted his ground at different times concerning the degree of freedom which he felt in adopting any act of immediate acknowledgment or submission to the present government, which, however mild and paternal, was still uncovenanted, and now he felt himself called upon, by the most powerful motive conceivable, to authorise his daughter's giving testimony in a court of justice, which all who have been since called Cameronians accounted a step of lamentable and direct defection. The voice of nature, however, exclaimed loud in his bosom against the dictates of fanaticism; and his imagination, fertile in the solution of polemical difficulties, devised an expedient for extricating himself from the fearful dilemma, in which he saw, on the one side, a falling off from principle, and, on the other, a scene from which a father's thoughts could not but turn in shuddering horror.
"I have been constant and unchanged in my testimony," said David Deans; "but then who has said it of me, that I have judged my neighbour over closely, because he hath had more freedom in his walk than I have found in mine? I never was a separatist, nor for quarrelling with tender souls about mint, cummin, or other the lesser tithes. My daughter Jean may have a light in this subject that is hid frae my auld een – it is laid on her conscience, and not on mine – If she hath freedom to gang before this judicatory, and hold up her hand for this poor castaway, surely I will not say she steppeth over her bounds; and if not" – He paused in his mental argument, while a pang of unutterable anguish convulsed his features, yet, shaking it off, he firmly resumed the strain of his reasoning – "And if not – God forbid that she should go into defection at bidding of mine! I wunna fret the tender conscience of one bairn – no, not to save the life of the other."
A Roman would have devoted his daughter to death from different feelings and motives, but not upon a more heroic principle of duty.
CHAPTER EIGHTEENTH
To man, in this his trial state,
The privilege is given,
When tost by tides of human fate,
To anchor fast on heaven.
Watts's Hymns.
It was with a firm step that Deans sought his daughter's apartment, determined to leave her to the light of her own conscience in the dubious point of casuistry in which he supposed her to be placed.
The little room had been the sleeping apartment of both sisters, and there still stood there a small occasional bed which had been made for Effie's accommodation, when, complaining of illness, she had declined to share, as in happier times, her sister's pillow. The eyes of Deans rested involuntarily, on entering the room, upon this little couch, with its dark-green coarse curtains, and the ideas connected with it rose so thick upon his soul as almost to incapacitate him from opening his errand to his daughter. Her occupation broke the ice. He found her gazing on a slip of paper, which contained a citation to her to appear as a witness upon her sister's trial in behalf of the accused. For the worthy magistrate, determined to omit no chance of doing Effie justice, and to leave her sister no apology for not giving the evidence which she was supposed to possess, had caused the ordinary citation, or subpoena, of the Scottish criminal court, to be served upon her by an officer during his conference with David.
This precaution was so far favourable to Deans, that it saved him the pain of entering upon a formal explanation with his daughter; he only said, with a hollow and tremulous voice, "I perceive ye are aware of the matter."
"O father, we are cruelly sted between God's laws and man's laws – What shall we do? – What can we do?"
Jeanie, it must be observed, had no hesitation whatever about the mere act of appearing in a court of justice. She might have heard the point discussed by her father more than once; but we have already noticed that she was accustomed to listen with reverence to much which she was incapable of understanding, and that subtle arguments of casuistry found her a patient, but unedified hearer. Upon receiving the citation, therefore, her thoughts did not turn upon the chimerical scruples which alarmed her father's mind, but to the language which had been held to her by the stranger at Muschat's Cairn. In a word, she never doubted but she was to be dragged forward into the court of justice, in order to place her in the cruel position of either sacrificing her sister by telling the truth, or committing perjury in order to save her life. And so strongly did her thoughts run in this channel, that she applied her father's words, "Ye are aware of the matter," to his acquaintance with the advice that had been so fearfully enforced upon her. She looked up with anxious surprise, not unmingled with a cast of horror, which his next words, as she interpreted and applied them, were not qualified to remove.
"Daughter," said David, "it has ever been my mind, that in things of ane doubtful and controversial nature, ilk Christian's conscience suld be his ain guide – Wherefore descend into yourself, try your ain mind with sufficiency of soul exercise, and as you sall finally find yourself clear to do in this matter – even so be it."
"But, father," said Jeanie, whose mind revolted at the construction which she naturally put upon his language, "can this-this be a doubtful or controversial matter? – Mind, father, the ninth command – 'Thou shalt not bear false witness against thy neighbour.'"
David Deans paused; for, still applying her speech to his preconceived difficulties, it seemed to him as if she, a woman, and a sister, was scarce entitled to be scrupulous upon this occasion, where he, a man, exercised in the testimonies of that testifying period, had given indirect countenance to her following what must have been the natural dictates of her own feelings. But he kept firm his purpose, until his eyes involuntarily rested upon the little settle-bed, and recalled the form of the child of his old age, as she sate upon it, pale, emaciated, and broken-hearted. His mind, as the picture arose before him, involuntarily conceived, and his tongue involuntarily uttered – but in a tone how different from his usual dogmatical precision! – arguments for the course of conduct likely to ensure his child's safety.
"Daughter," he said, "I did not say that your path was free from stumbling – and, questionless, this act may be in the opinion of some a transgression, since he who beareth witness unlawfully, and against his conscience, doth in some sort bear false witness against his neighbour. Yet in matters of compliance, the guilt lieth not in the compliance sae muckle, as in the mind and conscience of him that doth comply; and, therefore, although my testimony hath not been spared upon public defections, I haena felt freedom to separate mysell from the communion of many who have been clear to hear those ministers who have taken the fatal indulgence because they might get good of them, though I could not."
When David had proceeded thus far, his conscience reproved him, that he might be indirectly undermining the purity of his daughter's faith, and smoothing the way for her falling off from strictness of principle. He, therefore, suddenly stopped, and changed his tone: – "Jeanie, I perceive that our vile affections, – so I call them in respect of doing the will of our Father, – cling too heavily to me in this hour of trying sorrow, to permit me to keep sight of my ain duty, or to airt you to yours. I will speak nae mair anent this overtrying matter – Jeanie, if ye can, wi' God and gude conscience, speak in favour of this puir unhappy" – (here his voice faltered) – "She is your sister in the flesh – worthless and castaway as she is, she is the daughter of a saint in heaven, that was a mother to you, Jeanie, in place of your ain – but if ye arena free in conscience to speak for her in the court of judicature, follow your conscience, Jeanie, and let God's will be done." After this adjuration he left the apartment, and his daughter remained in a state of great distress and perplexity.
It would have been no small addition to the sorrows of David Deans, even in this extremity of suffering, had he known that his daughter was applying the casuistical arguments which he had been using, not in the sense of a permission to follow her own opinion on a dubious and disputed point of controversy, but rather as an encouragement to transgress one of those divine commandments which Christians of all sects and denominations unite in holding most sacred.
"Can this be?" said Jeanie, as the door closed on her father – "Can these be his words that I have heard, or has the Enemy taken his voice and features to give weight unto the counsel which causeth to perish? – a sister's life, and a father pointing out how to save it! – O God, deliver me! – this is a fearfu' temptation."
Roaming from thought to thought, she at one time imagined her father understood the ninth commandment literally, as prohibiting false witness against our neighbour, without extending the denunciation against falsehood uttered in favour of the criminal. But her clear and unsophisticated power of discriminating between good and evil, instantly rejected an interpretation so limited, and so unworthy of the Author of the law. She remained in a state of the most agitating terror and uncertainty – afraid to communicate her thoughts freely to her father, lest she should draw forth an opinion with which she could not comply, – wrung with distress on her sister's account, rendered the more acute by reflecting that the means of saving her were in her power, but were such as her conscience prohibited her from using, – tossed, in short, like a vessel in an open roadstead during a storm, and, like that vessel, resting on one only sure cable and anchor, – faith in Providence, and a resolution to discharge her duty.
Butler's affection and strong sense of religion would have been her principal support in these distressing circumstances, but he was still under restraint, which did not permit him to come to St. Leonard's Crags; and her distresses were of a nature, which, with her indifferent habits of scholarship, she found it impossible to express in writing. She was therefore compelled to trust for guidance to her own unassisted sense of what was right or wrong. It was not the least of Jeanie's distresses, that, although she hoped and believed her sister to be innocent, she had not the means of receiving that assurance from her own mouth.
The double-dealing of Ratcliffe in the matter of Robertson had not prevented his being rewarded, as double-dealers frequently have been, with favour and preferment. Sharpitlaw, who found in him something of a kindred genius, had been intercessor in his behalf with the magistrates, and the circumstance of his having voluntarily remained in the prison, when the doors were forced by the mob, would have made it a hard measure to take the life which he had such easy means of saving. He received a full pardon; and soon afterwards, James Ratcliffe, the greatest thief and housebreaker in Scotland, was, upon the faith, perhaps, of an ancient proverb, selected as a person to be entrusted with the custody of other delinquents.
When Ratcliffe was thus placed in a confidential situation, he was repeatedly applied to by the sapient Saddletree and others, who took some interest in the Deans family, to procure an interview between the sisters; but the magistrates, who were extremely anxious for the apprehension of Robertson, had given strict orders to the contrary, hoping that, by keeping them separate, they might, from the one or the other, extract some information respecting that fugitive. On this subject Jeanie had nothing to tell them. She informed Mr. Middleburgh, that she knew nothing of Robertson, except having met him that night by appointment to give her some advice respecting her sister's concern, the purport of which, she said, was betwixt God and her conscience. Of his motions, purposes, or plans, past, present, or future, she knew nothing, and so had nothing to communicate.
Effie was equally silent, though from a different cause. It was in vain that they offered a commutation and alleviation of her punishment, and even a free pardon, if she would confess what she knew of her lover. She answered only with tears; unless, when at times driven into pettish sulkiness by the persecution of the interrogators, she made them abrupt and disrespectful answers.
At length, after her trial had been delayed for many weeks, in hopes she might be induced to speak out on a subject infinitely more interesting to the magistracy than her own guilt or innocence, their patience was worn out, and even Mr. Middleburgh finding no ear lent to farther intercession in her behalf, the day was fixed for the trial to proceed.
It was now, and not sooner, that Sharpitlaw, recollecting his promise to Effie Deans, or rather being dinned into compliance by the unceasing remonstrances of Mrs. Saddletree, who was his next-door neighbour, and who declared it was heathen cruelty to keep the twa brokenhearted creatures separate, issued the important mandate, permitting them to see each other.
On the evening which preceded the eventful day of trial, Jeanie was permitted to see her sister – an awful interview, and occurring at a most distressing crisis. This, however, formed a part of the bitter cup which she was doomed to drink, to atone for crimes and follies to which she had no accession; and at twelve o'clock noon, being the time appointed for admission to the jail, she went to meet, for the first time for several months, her guilty, erring, and most miserable sister, in that abode of guilt, error, and utter misery.