“Ay, ay, that’s just puir Effie,” said her mistress. “How she was abandoned to hersell, or whether she was sackless o’ the sinful deed, God in Heaven knows; but if she’s been guilty, she’s been sair tempted, and I wad amaist take my Bible-aith she hasna been hersell at the time.”
Butler had by this time become much agitated; he fidgeted up and down the shop, and showed the greatest agitation that a person of such strict decorum could be supposed to give way to. “Was not this girl,” he said, “the daughter of David Deans, that had the parks at St. Leonard’s taken? and has she not a sister?”
“In troth has she—puir Jeanie Deans, ten years aulder than hersell; she was here greeting a wee while syne about her tittie. And what could I say to her, but that she behoved to come and speak to Mr. Saddletree when he was at hame? It wasna that I thought Mr. Saddletree could do her or ony ither body muckle good or ill, but it wad aye serve to keep the puir thing’s heart up for a wee while; and let sorrow come when sorrow maun.”
“Ye’re mistaen though, gudewife,” said Saddletree scornfully, “for I could hae gien her great satisfaction; I could hae proved to her that her sister was indicted upon the statute saxteen hundred and ninety, chapter one—For the mair ready prevention of child-murder—for concealing her pregnancy, and giving no account of the child which she had borne.”
“I hope,” said Butler—“I trust in a gracious God, that she can clear herself.”
“And sae do I, Mr. Butler,” replied Mrs. Saddletree. “I am sure I wad hae answered for her as my ain daughter; but wae’s my heart, I had been tender a’ the simmer, and scarce ower the door o’ my room for twal weeks. And as for Mr. Saddletree, he might be in a lying-in hospital, and ne’er find out what the women cam there for. Sae I could see little or naething o’ her, or I wad hae had the truth o’ her situation out o’ her, I’se warrant ye—But we a’ think her sister maun be able to speak something to clear her.”
“The haill Parliament House,” said Saddletree, “was speaking o’ naething else, till this job o’ Porteous’s put it out o’ head—It’s a beautiful point of presumptive murder, and there’s been nane like it in the Justiciar Court since the case of Luckie Smith the howdie, that suffered in the year saxteen hundred and seventy-nine.”
“But what’s the matter wi’ you, Mr. Butler?” said the good woman; “ye are looking as white as a sheet; will ye tak a dram?”
“By no means,” said Butler, compelling himself to speak. “I walked in from Dumfries yesterday, and this is a warm day.”
“Sit down,” said Mrs. Saddletree, laying hands on him kindly, “and rest ye—yell kill yoursell, man, at that rate.—And are we to wish you joy o’ getting the scule, Mr. Butler?”
“Yes—no—I do not know,” answered the young man vaguely. But Mrs. Saddletree kept him to point, partly out of real interest, partly from curiosity.
“Ye dinna ken whether ye are to get the free scule o’ Dumfries or no, after hinging on and teaching it a’ the simmer?”
“No, Mrs. Saddletree—I am not to have it,” replied Butler, more collectedly. “The Laird of Black-at-the-Bane had a natural son bred to the kirk, that the Presbytery could not be prevailed upon to license; and so—”
“Ay, ye need say nae mair about it; if there was a laird that had a puir kinsman or a bastard that it wad suit, there’s enough said.—And ye’re e’en come back to Liberton to wait for dead men’s shoon?—and for as frail as Mr. Whackbairn is, he may live as lang as you, that are his assistant and successor.”
“Very like,” replied Butler, with a sigh; “I do not know if I should wish it otherwise.”
“Nae doubt, it’s a very vexing thing,” continued the good lady, “to be in that dependent station; and you that hae right and title to sae muckle better, I wonder how ye bear these crosses.”
“Quos diligit castigat,” answered Butler; “even the pagan Seneca could see an advantage in affliction, The Heathens had their philosophy, and the Jews their revelation, Mrs. Saddletree, and they endured their distresses in their day. Christians have a better dispensation than either—but doubtless—”
He stopped and sighed.
“I ken what ye mean,” said Mrs. Saddletree, looking toward her husband; “there’s whiles we lose patience in spite of baith book and Bible—But ye are no gaun awa, and looking sae poorly—ye’ll stay and take some kale wi’ us?”
Mr. Saddletree laid aside Balfour’s Practiques (his favourite study, and much good may it do him), to join in his wife’s hospitable importunity. But the teacher declined all entreaty, and took his leave upon the spot.
“There’s something in a’ this,” said Mrs. Saddletree, looking after him as he walked up the street; “I wonder what makes Mr. Butler sae distressed about Effie’s misfortune—there was nae acquaintance atween them that ever I saw or heard of; but they were neighbours when David Deans was on the Laird o’ Dumbiedikes’ land. Mr. Butler wad ken her father, or some o’ her folk.—Get up, Mr. Saddletree—ye have set yoursell down on the very brecham that wants stitching—and here’s little Willie, the prentice.—Ye little rin-there-out deil that ye are, what takes you raking through the gutters to see folk hangit?—how wad ye like when it comes to be your ain chance, as I winna ensure ye, if ye dinna mend your manners?—And what are ye maundering and greeting for, as if a word were breaking your banes?—Gang in by, and be a better bairn another time, and tell Peggy to gie ye a bicker o’ broth, for ye’ll be as gleg as a gled, I’se warrant ye.—It’s a fatherless bairn, Mr. Saddletree, and motherless, whilk in some cases may be waur, and ane would take care o’ him if they could—it’s a Christian duty.”
“Very true, gudewife,” said Saddletree in reply, “we are in loco parentis to him during his years of pupillarity, and I hae had thoughts of applying to the Court for a commission as factor loco tutoris, seeing there is nae tutor nominate, and the tutor-at-law declines to act; but only I fear the expense of the procedure wad not be in rem versam, for I am not aware if Willie has ony effects whereof to assume the administration.”
He concluded this sentence with a self-important cough, as one who has laid down the law in an indisputable manner.
“Effects!” said Mrs. Saddletree, “what effects has the puir wean?—he was in rags when his mother died; and the blue polonie that Effie made for him out of an auld mantle of my ain, was the first decent dress the bairn ever had on. Poor Effie! can ye tell me now really, wi’ a’ your law, will her life be in danger, Mr. Saddletree, when they arena able to prove that ever there was a bairn ava?”
“Whoy,” said Mr. Saddletree, delighted at having for once in his life seen his wife’s attention arrested by a topic of legal discussion—“Whoy, there are two sorts of murdrum or murdragium, or what you populariter et vulgariser call murther. I mean there are many sorts; for there’s your murthrum per vigilias et insidias, and your murthrum under trust.”
“I am sure,” replied his moiety, “that murther by trust is the way that the gentry murther us merchants, and whiles make us shut the booth up—but that has naething to do wi’ Effie’s misfortune.”
“The case of Effie (or Euphemia) Deans,” resumed Saddletree, “is one of those cases of murder presumptive, that is, a murder of the law’s inferring or construction, being derived from certain indicia or grounds of suspicion.”
“So that,” said the good woman, “unless poor Effie has communicated her situation, she’ll be hanged by the neck, if the bairn was still-born, or if it be alive at this moment?”
“Assuredly,” said Saddletree, “it being a statute made by our Sovereign Lord and Lady, to prevent the horrid delict of bringing forth children in secret—The crime is rather a favourite of the law, this species