The pair of friends had traversed with their usual cordiality the grassy wilds of Liddesdale, and crossed the opposite part of Cumberland, emphatically called The Waste. In these solitary regions the cattle under the charge of our drovers derived their subsistence chiefly by picking their food as they went along the drove-road, or sometimes by the tempting opportunity of a START AND OWERLOUP, or invasion of the neighbouring pasture, where an occasion presented itself. But now the scene changed before them. They were descending towards a fertile and enclosed country, where no such liberties could be taken with impunity, or without a previous arrangement and bargain with the possessors of the ground. This was more especially the case, as a great northern fair was upon the eve of taking place, where both the Scotch and English drover expected to dispose of a part of their cattle, which it was desirable to produce in the market rested and in good order. Fields were therefore difficult to be obtained, and only upon high terms. This necessity occasioned a temporary separation betwixt the two friends, who went to bargain, each as he could, for the separate accommodation of his herd. Unhappily it chanced that both of them, unknown to each other, thought of bargaining for the ground they wanted on the property of a country gentleman of some fortune, whose estate lay in the neighbourhood. The English drover applied to the bailiff on the property, who was known to him. It chanced that the Cumbrian Squire, who had entertained some suspicions of his manager’s honesty, was taking occasional measures to ascertain how far they were well founded, and had desired that any enquiries about his enclosures, with a view to occupy them for a temporary purpose, should be referred to himself. As however, Mr. Ireby had gone the day before upon a journey of some miles distance to the northward, the bailiff chose to consider the check upon his full powers as for the time removed, and concluded that he should best consult his master’s interest, and perhaps his own, in making an agreement with Harry Wakefield. Meanwhile, ignorant of what his comrade was doing, Robin Oig, on his side, chanced to be overtaken by a good-looking smart little man upon a pony, most knowingly hogged and cropped, as was then the fashion, the rider wearing tight leather breeches, and long-necked bright spurs. This cavalier asked one or two pertinent questions about markets and the price of stock. So Robin, seeing him a well-judging civil gentleman, took the freedom to ask him whether he could let him know if there was any grass-land to be let in that neighbourhood, for the temporary accommodation of his drove. He could not have put the question to more willing ears. The gentleman of the buckskins was the proprietor, with whose bailiff Harry Wakefield had dealt, or was in the act of dealing.

“Thou art in good luck, my canny Scot,” said Mr. Ireby, “to have spoken to me, for I see thy cattle have done their day’s work, and I have at my disposal the only field within three miles that is to be let in these parts.”

“The drove can pe gang two, three, four miles very pratty weel indeed”—said the cautious Highlander; “put what would his honour pe axing for the peasts pe the head, if she was to tak the park for twa or three days?”

“We won’t differ, Sawney, if you let me have six stots for winterers, in the way of reason.”

“And which peasts wad your honour pe for having?”

“Why—let me see—the two black—the dun one—yon doddy—him with the twisted horn—the brockit—How much by the head?”

“Ah,” said Robin, “your honour is a shudge—a real shudge. I couldna have set off the pest six peasts petter mysel’—me that ken them as if they were my pairns, puir things.”

“Well, how much per head, Sawney?” continued Mr. Ireby.

“It was high markets at Doune and Falkirk,” answered Robin.

And thus the conversation proceeded, until they had agreed on the PRIX JUSTE for the bullocks, the Squire throwing in the temporary accommodation of the enclosure for the cattle into the boot, and Robin making, as he thought, a very good bargain, provided the grass was but tolerable. The Squire walked his pony alongside of the drove, partly to show him the way, and see him put into possession of the field, and partly to learn the latest news of the northern markets.

They arrived at the field, and the pasture seemed excellent. But what was their surprise when they saw the bailiff quietly inducting the cattle of Harry Wakefield into the grassy Goshen which had just been assigned to those of Robin Oig M’Combich by the proprietor himself! Squire Ireby set spurs to his horse, dashed up to his servant, and learning what had passed between the parties, briefly informed the English drover that his bailiff had let the ground without his authority, and that he might seek grass for his cattle wherever he would, since he was to get none there. At the same time he rebuked his servant severely for having transgressed his commands, and ordered him instantly to assist in ejecting the hungry and weary cattle of Harry Wakefield, which were just beginning to enjoy a meal of unusual plenty, and to introduce those of his comrade, whom the English drover now began to consider as a rival.

The feelings which arose in Wakefield’s mind would have induced him to resist Mr. Ireby’s decision; but every Englishman has a tolerably accurate sense of law and justice, and John Fleecebumpkin, the bailiff, having acknowledged that he had exceeded his commission, Wakefield saw nothing else for it than to collect his hungry and disappointed charge, and drive them on to seek quarters elsewhere. Robin Oig saw what had happened with regret, and hastened to offer to his English friend to share with him the disputed possession. But Wakefield’s pride was severely hurt, and he answered disdainfully, “Take it all, man—take it all; never make two bites of a cherry. Thou canst talk over the gentry, and blear a plain man’s eye. Out upon you, man. I would not kiss any man’s dirty latchets for leave to bake in his oven.”

Robin Oig, sorry but not surprised at his comrade’s displeasure, hastened to entreat his friend to wait but an hour till he had gone to the Squire’s house to receive payment for the cattle he had sold, and he would come back and help him to drive the cattle into some convenient place of rest, and explain to him the whole mistake they had both of them fallen into. But the Englishman continued indignant: “Thou hast been selling, hast thou? Ay, ay; thou is a cunning lad for kenning the hours of bargaining. Go to the devil with thyself, for I will ne’er see thy fause loon’s visage again—thou should be ashamed to look me in the face.”

“I am ashamed to look no man in the face,” said Robin Oig, something moved; “and, moreover, I will look you in the face this blessed day, if you will bide at the Clachan down yonder.”

“Mayhap you had as well keep away,” said his comrade; and turning his back on his former friend, he collected his unwilling associates, assisted by the bailiff, who took some real and some affected interest in seeing Wakefield accommodated.

After spending some time in negotiating with more than one of the neighbouring farmers, who could not, or would not, afford the accommodation desired, Henry Wakefield at last, and in his necessity, accomplished his point by means of the landlord of the alehouse at which Robin Oig and he had agreed to pass the night, when they first separated from each other. Mine host was content to let him turn his cattle on a piece of barren moor, at a price little less than the bailiff had asked for the disputed enclosure; and the wretchedness of the pasture, as well as the price paid for it, were set down as exaggerations of the breach of faith and friendship of his Scottish crony. This turn of Wakefield’s passions was encouraged by the bailiff, (who had his own reasons for being offended against poor Robin, as having been the unwitting cause of his falling into disgrace with his master), as well as by the innkeeper, and two or three chance guests, who stimulated the drover in his resentment against his quondam associate—some from the ancient grudge against the Scots, which, when it exists anywhere, is to be found lurking in the Border counties, and some from the general love of mischief, which characterises mankind in all ranks of life, to the honour of Adam’s children be it spoken. Good John Barleycorn also, who always heightens and exaggerates the prevailing passions, be they angry or kindly, was not wanting in his offices on this occasion, and confusion to false friends and hard masters was pledged in more than one tankard.

In the meanwhile Mr. Ireby found some amusement in detaining the northern drover at his ancient hall. He caused a cold round of beef to be placed before the Scot in the butler’s pantry, together with a foaming tankard of home-brewed, and took pleasure in seeing the hearty appetite with which these unwonted edibles were discussed by Robin Oig M’Combich. The Squire himself lighting his pipe, compounded between his patrician dignity and his love of agricultural gossip, by walking up and down while he conversed with his guest.

“I passed another drove,” said the Squire, “with one of your countrymen behind them. They were something less beasts than your drove—doddies most of them. A big man was with them. None of your kilts, though, but a decent pair of breeches. D’ye know who he may be?”

“Hout aye; that might, could, and would be Hughie Morrison. I didna think he could hae peen sae weel up. He has made a day on us; but his Argyleshires will have wearied shanks. How far was he pehind?”

“I think about six or seven miles,” answered the Squire, “for I passed them at the Christenbury Crag, and I overtook you at the Hollan Bush. If his beasts be leg-weary, he will be maybe selling bargains.”

“Na, na, Hughie Morrison is no the man for pargains—ye maun come to some Highland body like Robin Oig hersel’ for the like of these. Put I maun pe wishing you goot night, and twenty of them, let alane ane, and I maun down to the Clachan to see if the lad Harry Waakfelt is out of his humdudgeons yet.”

The party at the alehouse were still in full talk, and the treachery of Robin Oig still the theme of conversation, when the supposed culprit entered the apartment. His arrival, as usually happens in such a case, put an instant stop to the discussion of which he had furnished the subject, and he was received by the company assembled with that chilling silence which, more than a thousand exclamations, tells an intruder that he is unwelcome. Surprised and offended, but not appalled by the reception which he experienced, Robin entered with an undaunted and even a haughty air, attempted no greeting, as he saw he was received with none, and placed himself by the side of the fire, a little apart from a table at which Harry Wakefield, the bailiff, and two or three other persons, were seated. The ample Cumbrian kitchen would have afforded plenty of room, even for a larger separation.

Robin thus seated, proceeded to light his pipe, and call for a pint of twopenny.

“We have no twopence ale,” answered Ralph Heskett the landlord; “but as thou find’st thy own tobacco, it’s like thou mayst find thy own liquor too—it’s the wont of thy country, I wot.”

“Shame, goodman,” said the landlady, a blithe, bustling housewife, hastening herself to supply the guest with liquor. “Thou knowest well enow what the strange man wants, and it’s thy trade to be civil, man. Thou shouldst know, that if the Scot likes a small pot, he pays a sure penny.”

Without taking any notice of this nuptial dialogue, the Highlander took the flagon in his hand, and addressing the company generally, drank the interesting toast of “Good markets” to the party assembled.

“The better that the wind blew fewer dealers from the north,” said one of the farmers, “and fewer Highland runts to eat up the English meadows.”

“Saul of my pody, put you are wrang there, my friend,” answered Robin, with composure; “it is your fat Englishmen that eat up our Scots cattle, puir things.”

“I wish there was a summat to eat up their drovers,” said another; “a plain Englishman canna make bread within a kenning of them.”

“Or an honest servant keep his master’s favour but they will come sliding in between him and the sunshine,” said the bailiff.

“If these pe jokes,” said Robin Oig, with the same composure, “there is ower mony jokes upon one man.”

“It is no joke, but downright earnest,” said the bailiff. “Harkye, Mr. Robin Ogg, or whatever is your name, it’s right we should tell you that we are all of one opinion, and that is, that you, Mr. Robin Ogg, have behaved to our friend Mr. Harry Wakefield here, like a raff and a blackguard.”

“Nae doubt, nae doubt,” answered Robin, with great composure; “and you are a set of very pretty judges, for whose prains or pehaviour I wad not gie a pinch of sneeshing. If Mr. Harry Waakfelt kens where he is wranged, he kens where he may be righted.”

“He speaks truth,” said Wakefield, who had listened to what passed, divided between the offence which he had taken at Robin’s late behaviour, and the revival of his habitual feelings of regard.

He now rose, and went towards Robin, who got up from his seat as he approached, and held out his hand.

“That’s right, Harry—go it—serve him out,” resounded on all sides—“tip him the nailer—show him the mill.”

“Hold your peace all of you, and be—,” said Wakefield; and then addressing his comrade, he took him by the extended hand, with something alike of respect and defiance. “Robin,” he said, “thou hast used me ill enough this day; but if you mean, like a frank fellow, to shake hands, and take a tussle for love on the sod, why I’ll forgie thee, man, and we shall be better friends than ever.”

“And would it not pe petter to pe cood friends without more of the matter?” said Robin; “we will be much petter friendships with our panes hale than proken.”

Harry Wakefield dropped the hand of his friend, or rather threw it from him.

“I did not think I had been keeping company for three years with a coward.”

“Coward pelongs to none of my name,” said Robin, whose eyes began to kindle, but keeping the command of his temper. “It was no coward’s legs or hands, Harry Waakfelt, that drew you out of the fords of Frew, when you was drifting ower the plack rock, and every eel in the river expected his share of you.”

“And that is true enough, too,” said the Englishman, struck by the appeal.

“Adzooks!” exclaimed the bailiff—“sure Harry Wakefield, the nattiest lad at Whitson Tryste, Wooler Fair, Carlisle Sands, or Stagshaw Bank, is not going to show white feather? Ah, this comes of living so long with kilts and bonnets—men forget the use of their daddles.”

“I may teach you, Master Fleecebumpkin, that I have not lost the use of mine,” said Wakefield and then went on. “This will never do, Robin. We must have a turn-up, or we shall be the talk of the country-side. I’ll be d—d if I hurt thee—I’ll put on the gloves gin thou like. Come, stand forward like a man.”

“To be peaten like a dog,” said Robin; “is there any reason in that? If you think I have done you wrong, I’ll go before your shudge, though I neither know his law nor his language.”

A general cry of “No, no—no law, no lawyer! a bellyful and be friends,” was echoed by the bystanders.

“But,” continued Robin, “if I am to fight, I have no skill to fight like a jackanapes, with hands and nails.”

“How would you fight then?” said his antagonist; “though I am thinking it would be hard to bring you to the scratch anyhow.”

“I would fight with proadswords, and sink point on the first plood drawn—like a gentlemans.”

A loud shout of laughter followed the proposal, which indeed had rather escaped from poor Robin’s swelling heart, than been the dictate of his sober judgment.

“Gentleman, quotha!” was echoed on all sides, with a shout of unextinguishable laughter; “a very pretty gentleman, God wot.—Canst get two swords for the gentleman to fight with, Ralph Heskett?”

“No, but I can send to the armoury at Carlisle, and lend them two forks, to be making shift with in the meantime.”

“Tush, man,” said another, “the bonny Scots come into the world with the blue bonnet on their heads, and dirk and pistol at their belt.”

“Best send post,” said Mr. Fleecebumpkin, “to the Squire of Corby Castle, to come and stand second to the GENTLEMAN.”

In the midst of this torrent of general ridicule, the Highlander instinctively griped beneath the folds of his plaid,

“But it’s better not,” he said in his own language. “A hundred curses on the swine-eaters, who know neither decency nor civility!”

“Make room, the pack of you,” he said, advancing to the door.

But his former friend interposed his sturdy bulk, and opposed his leaving the house; and when Robin Oig attempted to make his way by force, he hit him down on the floor, with as much ease as a boy bowls down a nine-pin.

“A ring, a ring!” was now shouted, until the dark rafters, and the hams that hung on them, trembled again, and the very platters on the BINK clattered against each other. “Well done, Harry”—“Give it him home, Harry”—“Take care of him now—he sees his own blood!”

Such were the exclamations, while the Highlander, starting from the ground, all his coldness and caution lost in frantic rage, sprung at his antagonist with the fury, the activity, and the vindictive purpose of an incensed tiger-cat. But when could rage encounter science and temper? Robin Oig again went down in the unequal contest; and as the blow was necessarily a severe one, he lay motionless on the floor of the kitchen. The landlady ran to offer some aid, but Mr. Fleecebumpkin would not permit her to approach.

“Let him alone,” he said, “he will come to within time, and come up to the scratch again. He has not got half his broth yet.”

“He has got all I mean to give him, though,” said his antagonist, whose heart began to relent towards his old associate; “and I would rather by half give the rest to yourself, Mr. Fleecebumpkin, for you pretend to know a thing or two, and Robin had not art enough even to peel before setting to, but fought with his plaid dangling about him.—Stand up, Robin, my man! All friends now; and let me hear the man that will speak a word against you, or your country, for your sake.”

Robin Oig was still under the dominion of his passion, and eager to renew the onset; but being withheld on the one side by the peacemaking Dame Heskett, and on the other, aware that Wakefield no longer meant to renew the combat, his fury sunk into gloomy sullenness.

“Come, come, never grudge so much at it, man,” said the brave-spirited Englishman, with the placability of his country; “shake hands, and we will be better friends than ever.”

“Friends!” exclaimed Robin Oig with strong emphasis—“friends! Never. Look to yourself, Harry Waakfelt.”

“Then the curse of Cromwell on your proud Scots stomach, as the man says in the play, and you may do your worst, and be d—d; for one man can say nothing more to another after a tussle, than that he is sorry for it.”

On these terms the friends parted. Robin Oig drew out, in silence, a piece of money, threw it on the table, and then left the alehouse. But turning at the door, he shook his hand at Wakefield, pointing with his forefinger upwards, in a manner which might imply either a threat or a caution. He then disappeared in the moonlight.

Some words passed after his departure, between the bailiff, who piqued himself on being a little of a bully, and Harry Wakefield, who, with generous inconsistency, was now not indisposed to begin a new combat in defence of Robin Oig’s reputation, “although he could not use his daddles like an Englishman, as it did not come natural to him.” But Dame Heskett prevented this second quarrel from coming to a head by her peremptory interference. “There should be no more fighting in her house,” she said; “there had been too much already.—And you, Mr. Wakefield, may live to learn,” she added, “what it is to make a deadly enemy out of a good friend.”

“Pshaw, dame! Robin Oig is an honest fellow, and will never keep malice.”

“Do not trust to that; you do not know the dour temper of the Scots, though you have dealt with them so often. I have a right to know them, my mother being a Scot.”

“And so is well seen on her daughter,” said Ralph Heskett.

This nuptial sarcasm gave the discourse another turn. Fresh customers entered the tap-room or kitchen, and others left it. The conversation turned on the expected markets, and the report of prices from different parts both of Scotland and England. Treaties were commenced, and Harry Wakefield was lucky enough to find a chap for a part of his drove, and at a very considerable profit—an event of consequence more than sufficient to blot out all remembrances of the unpleasant scuffle in the earlier part of the day. But there remained one party from whose mind that recollection could not have been wiped away by the possession of every head of cattle betwixt Esk and Eden.

This was Robin Oig M’Combich. “That I should have had no weapon,” he said, “and for the first time in my life! Blighted be the tongue that bids the Highlander part with the dirk. The dirk—ha! the English blood! My Muhme’s word! When did her word fall to the ground?”

The recollection of the fatal prophecy confirmed the deadly intention which instantly sprang up in his mind.

“Ha! Morrison cannot be many miles behind; and if it were an hundred, what then?”

His impetuous spirit had now a fixed purpose and motive of action, and he turned the light foot of his country towards the wilds, through which he knew, by Mr. Ireby’s report, that Morrison was advancing. His mind was wholly engrossed by the sense of injury—injury sustained from a friend; and by the desire of vengeance on one whom he now accounted his most bitter enemy. The treasured ideas of self-importance and self-opinion—of ideal birth and quality, had become more precious to him, (like the hoard to the miser) because he could only enjoy them in secret. But that hoard was pillaged—the idols which he had secretly worshipped had been desecrated and profaned. Insulted, abused, and beaten, he was no longer worthy, in his own opinion, of the name he bore, or the lineage which he belonged to. Nothing was left to him—nothing but revenge; and as the reflection added a galling spur to every step, he determined it should be as sudden and signal as the offence.

When Robin Oig left the door of the alehouse, seven or eight English miles at least lay betwixt Morrison and him. The advance of the former was slow, limited by the sluggish pace of his cattle; the latter left behind him stubble-field and hedgerow, crag and dark heath, all glittering with frost-rime in the broad November moonlight, at the rate of six miles an hour. And now the distant lowing of Morrison’s cattle is heard; and now they are seen creeping like moles in size and slowness of motion on the broad face of the moor; and now he meets them—passes them, and stops their conductor.

“May good betide us,” said the Westlander. “Is this you, Robin M’Combich, or your wraith?”

“It is Robin Oig M’Combich,” answered the Highlander, “and it is not. But never mind that, put pe giving me the skene-dhu.”

“What! you are for back to the Highlands! The devil! Have you selt all off before the fair? This beats all for quick markets!”

“I have not sold—I am not going north—maype I will never go north again. Give me pack my dirk, Hugh Morrison, or there will pe words petween us.”

“Indeed, Robin, I’ll be better advised before I gie it back to you; it is a wanchancy weapon in a Highlandman’s hand, and I am thinking you will be about some harns-breaking.”

“Prutt, trutt! let me have my weapon,” said Robin Oig impatiently.

“Hooly and fairly,” said his well-meaning friend. “I’ll tell you what will do better than these dirking doings. Ye ken Highlander, and Lowlander, and Border-men are a’ ae man’s bairns when you are over the Scots dyke. See, the Eskdale callants, and fighting Charlie of Liddesdale, and the Lockerby lads, and the four Dandies of Lustruther, and a wheen mair grey plaids, are coming up behind; and if you are wranged, there is the hand of a Manly Morrison, we’ll see you righted, if Carlisle and Stanwix baith took up the feud.”

“To tell you the truth,” said Robin Oig, desirous of eluding the suspicions of his friend, “I have enlisted with a party of the Black Watch, and must march off to-morrow morning.”

“Enlisted! Were you mad or drunk? You must buy yourself off. I can lend you twenty notes, and twenty to that, if the drove sell.”

“I thank you—thank ye, Hughie; but I go with good-will the gate that I am going. So the dirk, the dirk!”

“There it is for you then, since less wunna serve. But think on what I was saying. Waes me, it will be sair news in the braes of Balquidder that Robin Oig M’Combich should have run an ill gate, and ta’en on.”

“Ill news in Balquidder, indeed!” echoed poor Robin. “But Cot speed you, Hughie, and send you good marcats. Ye winna meet with Robin Oig again, either at tryste or fair.”

So saying, he shook hastily the hand of his acquaintance, and set out in the direction from which he had advanced, with the spirit of his former pace.

“There is something wrang with the lad,” muttered the Morrison to himself; “but we will maybe see better into it the morn’s morning.”

But long ere the morning dawned, the catastrophe of our tale had taken place. It was two hours after the affray had happened, and it was totally forgotten by almost every one, when Robin Oig returned to Heskett’s inn. The place was filled at once by various sorts of men, and with noises corresponding to their character. There were the grave low sounds of men engaged in busy traffic, with the laugh, the song, and the riotous jest of those who had nothing to do but to enjoy themselves. Among the last was Harry Wakefield, who, amidst a grinning group of smock-frocks, hobnailed shoes, and jolly English physiognomies, was trolling forth the old ditty,—

when he was interrupted by a well-known voice saying in a high and stern voice, marked by the sharp Highland accent, “Harry Waakfelt—if you be a man stand up!”

“What is the matter?—what is it?” the guests demanded of each other.

“It is only a d—d Scotsman,” said Fleecebumpkin, who was by this time very drunk, “whom Harry Wakefield helped to his broth to-day, who is now come to have HIS CAULD KAIL het again.”

“Harry Waakfelt,” repeated the same ominous summons, “stand up, if you be a man!”

There is something in the tone of deep and concentrated passion, which attracts attention and imposes awe, even by the very sound. The guests shrunk back on every side, and gazed at the Highlander as he stood in the middle of them, his brows bent, and his features rigid with resolution.

“I will stand up with all my heart, Robin, my boy, but it shall be to shake hands with you, and drink down all unkindness. It is not the fault of your heart, man, that you don’t know how to clench your hands.”

By this time he stood opposite to his antagonist, his open and unsuspecting look strangely contrasted with the stern purpose, which gleamed wild, dark, and vindictive in the eyes of the Highlander.

“‘Tis not thy fault, man, that, not having the luck to be an Englishman, thou canst not fight more than a school-girl.”

“I can fight,” answered Robin Oig sternly, but calmly, “and you shall know it. You, Harry Waakfelt, showed me to-day how the Saxon churls fight; I show you now how the Highland Dunnie-wassel fights.”

He seconded the word with the action, and plunged the dagger, which he suddenly displayed, into the broad breast of the English yeoman, with such fatal certainty and force that the hilt made a hollow sound against the breast-bone, and the double-edged point split the very heart of his victim. Harry Wakefield fell and expired with a single groan. His assassin next seized the bailiff by the collar, and offered the bloody poniard to his throat, whilst dread and surprise rendered the man incapable of defence.

“It were very just to lay you peside him,” he said, “but the blood of a pase pickthank shall never mix on my father’s dirk, with that of a brave man.”

As he spoke, he cast the man from him with so much force that he fell on the floor, while Robin, with his other hand, threw the fatal weapon into the blazing turf-fire.

“There,” he said, “take me who likes—and let fire cleanse blood if it can.”

The pause of astonishment still continuing, Robin Oig asked for a peace-officer, and a constable having stepped out, he surrendered himself to his custody.

“A bloody night’s work you have made of it,” said the constable.

“Your own fault,” said the Highlander. “Had you kept his hands off me twa hours since, he would have been now as well and merry as he was twa minutes since.”

“It must be sorely answered,” said the peace-officer.

“Never you mind that—death pays all debts; it will pay that too.”

The horror of the bystanders began now to give way to indignation, and the sight of a favourite companion murdered in the midst of them, the provocation being, in their opinion, so utterly inadequate to the excess of vengeance, might have induced them to kill the perpetrator of the deed even upon the very spot. The constable, however, did his duty on this occasion, and with the assistance of some of the more reasonable persons present, procured horses to guard the prisoner to Carlisle, to abide his doom at the next assizes. While the escort was preparing, the prisoner neither expressed the least interest, nor attempted the slightest reply. Only, before he was carried from the fatal apartment, he desired to look at the dead body, which, raised from the floor, had been deposited upon the large table (at the head of which Harry Wakefield had presided but a few minutes before, full of life, vigour, and animation), until the surgeons should examine the mortal wound. The face of the corpse was decently covered with a napkin. To the surprise and horror of the bystanders, which displayed itself in a general AH! drawn through clenched teeth and half-shut lips, Robin Oig removed the cloth, and gazed with a mournful but steady eye on the lifeless visage, which had been so lately animated that the smile of good-humoured confidence in his own strength, of conciliation at once and contempt towards his enemy, still curled his lip. While those present expected that the wound, which had so lately flooded the apartment with gore, would send forth fresh streams at the touch of the homicide, Robin Oig replaced the covering with the brief exclamation, “He was a pretty man!”

My story is nearly ended. The unfortunate Highlander stood his trial at Carlisle. I was myself present, and as a young Scottish lawyer, or barrister at least, and reputed a man of some quality, the politeness of the Sheriff of Cumberland offered me a place on the bench. The facts of the case were proved in the manner I have related them; and whatever might be at first the prejudice of the audience against a crime so un-English as that of assassination from revenge, yet when the rooted national prejudices of the prisoner had been explained, which made him consider himself as stained with indelible dishonour, when subjected to personal violence—when his previous patience, moderation, and endurance were considered—the generosity of the English audience was inclined to regard his crime as the wayward aberration of a false idea of honour rather than as flowing from a heart naturally savage, or perverted by habitual vice. I shall never forget the charge of the venerable judge to the jury, although not at that time liable to be much affected either by that which was eloquent or pathetic.

“We have had,” he said, “in the previous part of our duty” (alluding to some former trials), “to discuss crimes which infer disgust and abhorrence, while they call down the well-merited vengeance of the law. It is now our still more melancholy task to apply its salutary though severe enactments to a case of a very singular character, in which the crime (for a crime it is, and a deep one) arose less out of the malevolence of the heart, than the error of the understanding—less from any idea of committing wrong, than from an unhappily perverted notion of that which is right. Here we have two men, highly esteemed, it has been stated, in their rank of life, and attached, it seems, to each other as friends, one of whose lives has been already sacrificed to a punctilio, and the other is about to prove the vengeance of the offended laws; and yet both may claim our commiseration at least, as men acting in ignorance of each other’s national prejudices, and unhappily misguided rather than voluntarily erring from the path of right conduct.

“In the original cause of the misunderstanding, we must in justice give the right to the prisoner at the bar. He had acquired possession of the enclosure, which was the object of competition, by a legal contract with the proprietor, Mr. Ireby; and yet, when accosted with reproaches undeserved in themselves, and galling, doubtless, to a temper at least sufficiently susceptible of passion, he offered notwithstanding, to yield up half his acquisition, for the sake of peace and good neighbourhood, and his amicable proposal was rejected with scorn. Then follows the scene at Mr. Heskett the publican’s, and you will observe how the stranger was treated by the deceased, and, I am sorry to observe, by those around, who seem to have urged him in a manner which was aggravating in the highest degree. While he asked for peace and for composition, and offered submission to a magistrate, or to a mutual arbiter, the prisoner was insulted by a whole company, who seem on this occasion to have forgotten the national maxim of ‘fair play;’ and while attempting to escape from the place in peace, he was intercepted, struck down, and beaten to the effusion of his blood.

“Gentlemen of the jury, it was with some impatience that I heard my learned brother who opened the case for the crown give an unfavourable turn to the prisoner’s conduct on this occasion. He said the prisoner was afraid to encounter his antagonist in fair fight, or to submit to the laws of the ring; and that therefore, like a cowardly Italian, he had recourse to his fatal stiletto, to murder the man whom he dared not meet in manly encounter. I observed the prisoner shrink from this part of the accusation with the abhorrence natural to a brave man; and as I would wish to make my words impressive when I point his real crime, I must secure his opinion of my impartiality by rebutting everything that seems to me a false accusation. There can be no doubt that the prisoner is a man of resolution—too much resolution. I wish to Heaven that he had less—or, rather that he had had a better education to regulate it.

“Gentlemen, as to the laws my brother talks of, they may be known in the bull-ring, or the bear-garden, or the cock-pit, but they are not known here. Or, if they should be so far admitted as furnishing a species of proof that no malice was intended in this sort of combat, from which fatal accidents do sometimes arise, it can only be so admitted when both parties are IN PARI CASU, equally acquainted with, and equally willing to refer themselves to, that species of arbitrament. But will it be contended that a man of superior rank and education is to be subjected, or is obliged to subject himself, to this coarse and brutal strife, perhaps in opposition to a younger, stronger, or more skilful opponent? Certainly even the pugilistic code, if founded upon the fair play of Merry Old England, as my brother alleges it to be, can contain nothing so preposterous. And, gentlemen of the jury, if the laws would support an English gentleman, wearing, we will suppose, his sword, in defending himself by force against a violent personal aggression of the nature offered to this prisoner, they will not less protect a foreigner and a stranger, involved in the same unpleasing circumstances. If, therefore, gentlemen of the jury, when thus pressed by a VIS MAJOR, the object of obloquy to a whole company, and of direct violence from one at least, and, as he might reasonably apprehend, from more, the panel had produced the weapon which his countrymen, as we are informed, generally carry about their persons, and the same unhappy circumstance had ensued which you have heard detailed in evidence, I could not in my conscience have asked from you a verdict of murder. The prisoner’s personal defence might indeed, even in that case, have gone more or less beyond the MODERAMEN INCULPATAE TUTELAE, spoken of by lawyers; but the punishment incurred would have been that of manslaughter, not of murder. I beg leave to add that I should have thought this milder species of charge was demanded in the case supposed, notwithstanding the statute of James I. cap. 8, which takes the case of slaughter by stabbing with a short weapon, even without MALICE PREPENSE, out of the benefit of clergy. For this statute of stabbing, as it is termed, arose out of a temporary cause; and as the real guilt is the same, whether the slaughter be committed by the dagger, or by sword or pistol, the benignity of the modern law places them all on the same, or nearly the same, footing.

“But, gentlemen of the jury, the pinch of the case lies in the interval of two hours interposed betwixt the reception of the injury and the fatal retaliation. In the heat of affray and CHAUDE MELEE, law, compassionating the infirmities of humanity, makes allowance for the passions which rule such a stormy moment—for the sense of present pain, for the apprehension of further injury, for the difficulty of ascertaining with due accuracy the precise degree of violence which is necessary to protect the person of the individual, without annoying or injuring the assailant more than is absolutely necessary. But the time necessary to walk twelve miles, however speedily performed, was an interval sufficient for the prisoner to have recollected himself; and the violence with which he carried his purpose into effect, with so many circumstances of deliberate determination, could neither be induced by the passion of anger, nor that of fear. It was the purpose and the act of predetermined revenge, for which law neither can, will, nor ought to have sympathy or allowance.

“It is true, we may repeat to ourselves, in alleviation of this poor man’s unhappy action, that his case is a very peculiar one. The country which he inhabits was, in the days of many now alive, inaccessible to the laws, not only of England, which have not even yet penetrated thither, but to those to which our neighbours of Scotland are subjected, and which must be supposed to be, and no doubt actually are, founded upon the general principles of justice and equity which pervade every civilized country. Amongst their mountains, as among the North American Indians, the various tribes were wont to make war upon each other, so that each man was obliged to go armed for his own protection. These men, from the ideas which they entertained of their own descent and of their own consequence, regarded themselves as so many cavaliers or men-at-arms, rather than as the peasantry of a peaceful country. Those laws of the ring, as my brother terms them, were unknown to the race of warlike mountaineers; that decision of quarrels by no other weapons than those which nature has given every man must to them have seemed as vulgar and as preposterous as to the NOBLESSE of France. Revenge, on the other hand, must have been as familiar to their habits of society as to those of the Cherokees or Mohawks. It is indeed, as described by Bacon, at bottom a kind of wild untutored justice; for the fear of retaliation must withhold the hands of the oppressor where there is no regular law to check daring violence. But though all this may be granted, and though we may allow that, such having been the case of the Highlands in the days of the prisoner’s fathers, many of the opinions and sentiments must still continue to influence the present generation, it cannot, and ought not, even in this most painful case, to alter the administration of the law, either in your hands, gentlemen of the jury, or in mine. The first object of civilisation is to place the general protection of the law, equally administered, in the room of that wild justice which every man cut and carved for himself, according to the length of his sword and the strength of his arm. The law says to the subjects, with a voice only inferior to that of the Deity, ‘Vengeance is mine.’ The instant that there is time for passion to cool, and reason to interpose, an injured party must become aware that the law assumes the exclusive cognisance of the right and wrong betwixt the parties, and opposes her inviolable buckler to every attempt of the private party to right himself. I repeat that this unhappy man ought personally to be the object rather of our pity than our abhorrence, for he failed in his ignorance, and from mistaken notions of honour. But his crime is not the less that of murder, gentlemen, and, in your high and important office, it is your duty so to find. Englishmen have their angry passions as well as Scots; and should this man’s action remain unpunished, you may unsheath, under various pretences, a thousand daggers betwixt the Land’s-End and the Orkneys.”

The venerable Judge thus ended what, to judge by his apparent emotion, and by the tears which filled his eyes, was really a painful task. The jury, according to his instructions, brought in a verdict of Guilty; and Robin Oig M’Combich, ALIAS McGregor, was sentenced to death, and left for execution, which took place accordingly. He met his fate with great firmness, and acknowledged the justice of his sentence. But he repelled indignantly the observations of those who accused him of attacking an unarmed man. “I give a life for the life I took,” he said, “and what can I do more?” [See Note 11.—Robert Donn’s Poems.]