married for love, and who was quickly followed to the grave by an only child, had also served, even after the lapse of many years, to soften a disposition naturally mild and contemplative. His feelings on the present occasion were therefore likely to differ from those of the severe disciplinarian, strict magistrate, and distrustful man of the world.

When the servants had withdrawn, the silence of both parties continued, until Major Melville, filling his glass, and pushing the bottle to Mr. Morton, commenced.

"A distressing affair this, Mr. Morton. I fear this youngster has brought himself within the compass of a halter."

"God forbid!" answered the clergyman.

"Marry, and amen," said the temporal magistrate; "but I think even your merciful logic will hardly deny the conclusion."

'Surely, Major," answered the clergyman, "I should hope it might be averted, for aught we have heard to-night."

"Indeed!" replied Melville. "But, my good parson, you are one of those who would communicate to every criminal the benefit of clergy."

"Unquestionably I would: Mercy and long-suffering are the grounds of the doctrine I am called to teach."

"True, religiously speaking; but mercy to a criminal may be gross injustice to the community. I don't speak of this young fellow in particular, who I heartily wish may be able to clear himself, for I like both his modesty and his spirit. But I fear he has rushed upon his fate."

"And why? Hundreds of misguided gentlemen are now in arms against the government, many, doubtless, upon principles which education and early prejudice have gilded with the names of patriotism and heroism; - Justice, when she selects her victims from such a multitude (for surely all will not be destroyed), must regard the moral motive. He whom ambition, or hope of personal advantage, has led to disturb the peace of a well-ordered government, let him fall a victim to the laws; but surely youth misled, by the wild visions of chivalry and imaginary loyalty, may plead for pardon."

"If visionary chivalry and imaginary loyalty come within the predicament of high treason," replied the magistrate, "I know no court in Christendom, my dear Mr. Morton, where they can sue out their Habeas Corpus."

"But I cannot see that this youth's guilt is at all established to my satisfaction," said the clergyman.

"Because your good-nature blinds your good sense," replied Major Melville. "Observe now: This young man, descended of a family of hereditary Jacobites, his uncle the leader of the Tory

interest in the county of--, his father a disobliged and discontented courtier, his tutor a nonjuror, and the author of two treasonable volumes-this youth, I say, enters into Gardiner's dragoons, bringing with him a body of young fellows from his uncle's estate, who have not stickled at avowing, in their way, the high-church principles they learned at Waverley-Honour, in their disputes with their comrades. To these young men Waverley is unusually attentive; they are supplied with money beyond a soldier's wants, and inconsistent with his discipline; and are under the management of a favourite sergeant, through whom they hold an unusually close communication with their captain, and affect to consider themselves as independent of the other officers, and superior to their comrades."

"All this, my dear Major, is the natural consequence of their attachment to their young landlord, and of their finding themselves in a regiment levied chiefly in the north of Ireland and the west of Scotland, and of course among comrades disposed to quarrel with them, both as Englishmen, and as members of the Church of England."

"Well said, parson!" replied the magistrate. "I would some of your synod heard you-But let me go on. This young man obtains leave of absence, goes to Tully-Veolan-the principles of the Baron of Bradwardine are pretty well known, not to mention that this lad's uncle brought him off in the year fifteen; he engages there in a brawl, in which he is said to have disgraced the commission he bore; Colonel Gardiner writes to him, first mildly, then more sharply-I think you will not doubt his having done so, since he says so; the mess invite him to explain the quarrel, in which he is said to have been involved; he neither replies to his commander nor his comrades. In the meanwhile, his soldiers become mutinous and disorderly, and at length, when the rumour of this unhappy rebellion becomes general, his favourite Sergeant Houghton, and another fellow, are detected in correspondence with a French emissary, accredited, as he says, by Captain Waverley, who urges him, according to the men's confession, to desert with the troop and join their captain, who was with Prince Charles. In the meanwhile this trusty captain is, by his own admission, residing at Glennaquoich with the most active, subtle, and desperate Jacobite in Scotland; he goes with him at least as far as their famous hunting rendezvous, and I fear a little farther. Meanwhile two other summonses are sent him; one warning him of the disturbances in his troop, another peremptorily ordering him to repair to the regiment, which, indeed, common sense might have dictated, when he observed rebellion thickening all round him. He returns an absote refusal, and throws up his commission."

"He had been already deprived of it," said Mr. Morton.

"But he regrets,” replied Melville, “that the measure had anticipated his resignation. His baggage is seized at his quarters, and at Tully-Veolan, and is found to contain a stock of pestilent jacobitical pamphlets, enough to poison a whole country, besides the unprinted lucubrations of his worthy friend and tutor, Mr. Pembroke."

"He says he never read them," answered the minister.

"In an ordinary case I should believe him," replied the magistrate, 66 for they are as stupid and pedantic in composition as mischievous in their tenets. But can you suppose any thing but value for the principles they maintain, would induce a young man of his age to lug such trash about with him? Then, when news arrive of the approach of the rebels, he sets out in a sort of disguise, refusing to tell his name ; and, if yon old fanatic tell truth, attended by a very suspicious character, and mounted on a horse known to have belonged to Glennaquoich, and bearing on his person letters from his family expressing high rancour against the house of Brunswick, and a copy of verses in praise of one Wogan, who abjured the service of the Parliament to join the Highland insurgents, when in arms to restore the house of Stewart, with a body of English cavalry-the very counterpart of his own plot-and summed up with a Go thou and do likewise,' from that loyal subject, and most safe and peaceable character, Fergus Mac-Ivor of Glennaquoich, Vich Ian Vohr, and so forth. And, lastly," continued Major Melville, warming in the detail of his arguments, "where do we find this second edition of Cavalier Wogan? Why, truly, in the very track most proper for execution of his design, and pistolling the first of the king's subjects who ventures to question his intentions."

Mr. Morton prudently abstained from argument, which he perceived would only harden the magistrate in his opinion, and merely asked how he intended to dispose of the prisoner?

"It is a question of some difficulty, considering the state of the country," said Major Melville.

"Could you not detain him (being such a gentleman-like young man) here in your own house, out of harm's way, till this storm blow over?"

"My good friend," said Major Melville," neither your house nor mine will be long out of harm's way, even were it legal to confine him here. I have just learned that the commander-in-chief, who marched into the Highlands to seek out and disperse the insurgents, has declined giving them battle at Corryerick, and marched on northward with all the disposable force of government to Inverness, John-o'-Groat's House, or the devil, for what I know, leaving the

road to the Low Country open and undefended to the Highland army."

"Good God!" said the clergyman. "Is the man a coward, a traitor, or an idiot?"

"None of the three, I believe," answered Melville. "Sir John has the common-place courage of a common soldier, is honest enough, does what he is commanded, and understands what is told him, but is as fit to act for himself in circumstances of importance, as I, my dear parson, to occupy your pulpit."

This important public intelligence naturally diverted the discourse from Waverley for some time; at length, however, the subject was resumed.

"I believe," said Major Melville," that I must give this young man in charge to some of the detached parties of armed volunteers, who were lately sent out to overawe the disaffected districts. They are now recalled towards Stirling, and a small body comes this way to-morrow or next day, commanded by the westland man-what's his name? You saw him, and said he was the very model of one of Cromwell's military saints."

"Gilfillan, the Cameronian," answered Mr. Morton. "I wish the young gentleman may be safe with him. Strange things are done in the heat and hurry of minds in so agitating a crisis, and I fear Gilfillan is of a sect which has suffered persecution without learning mercy."

"He has only to lodge Mr. Waverley in Stirling Castle," said the Major: "I will give strict injunctions to treat him well. I really cannot devise any better mode for securing him, and I fancy you would hardly advise me to encounter the responsibility of setting him at liberty."

"But you will have no objection to my seeing him to-morrow in private?" said the minister.

"None, certainly; your loyalty and character are my warrant. But with what view do you make the request?"

"Simply," replied Mr. Morton, "to make the experiment whether he may not be brought to communicate to me some circumstances which may hereafter be useful to alleviate, if not to exculpate his conduct."

The friends now parted and retired to rest, each filled with the most anxious reflections on the state of the country.

CHAPTER XXXIII.

A CONFIDENT.

WAVERLEY awoke in the morning, from troubled dreams and unrefreshing slumbers, to a full consciousness of the horrors of his situation. How it might terminate he knew not. He might be delivered up to military law, which, in the midst of civil war, was not likely to be scrupulous in the choice of its victims, or the quality of the evidence. Nor did he feel much more comfortable at the thoughts of a trial before a Scottish court of justice, where he knew the laws and forms differed in many respects from those of England, and had been taught to believe, however erroneously, that the liberty and rights of the subject were less carefully protected. A sentiment of bitterness rose in his mind against the government, which he considered as the cause of his embarrassment and peril, and he cursed internally his scrupulous rejection of Mac-Ivor's invitation to accompany him to the field.

Why did not I," he said to himself, "like other men of honour, take the earliest opportunity to welcome to Britain the descendant of her ancient kings, and lineal heir of her throne? Why did not I

'Unthread the rude eye of rebellion,

And welcome home again discarded faith,

Seck out Prince Charles, and fall before his feet?"

All that has been recorded of excellence and worth in the house of Waverley has been founded upon their loyal faith to the house of Stewart. From the interpretation which this Scotch magistrate has put upon the letters of my uncle and father, it is plain that I ought to have understood them as marshalling me to the course of my ancestors; and it has been my gross dulness, joined to the obscurity of expression which they adopted for the sake of security, that has confounded my judgment. Had I yielded to the first generous impulse of indignation, when I learned that my honour was practised upon, how different had been my present situation! I had then been free and in arms, fighting, like my forefathers, for love, for loyalty, and for fame. And now I am here, netted and in the toils, at the disposal of a suspicious, stern, and cold-hearted man, perhaps to be turned over to the solitude of a dungeon, or the infamy of a public execution. O Fergus! how true has your prophecy proved; and how speedy, how very speedy, has been its accomplishment!"