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Loud shouls of triumph now echoed over the whole field. The battle was fought and won, and the whole baggage, artillery, and military stores of the regular army remained in possession of the victors. Never was a victory more complete. Scarce any escaped from the ballle, excepting the cavalry, who had left it at the very onsel, and even these were broken into different parlies, and scattered all over the country. So far as our tale is concerned, we have

called his domestic servants to him, of which there were four in waiting. He dismissed three of them with most affectionate Christian advice, and such solemn charges relating to the performance of their duty, and the care of their souls, as seemed plainly to intimate that he apprehended it was at least very probable he was taking his last farewell of them. There is great reason to believe that he spent the little remainder of the time, which could not be much above an hour, in those devout exercises of soul wbich had been so long habitual to him, and to which so many circumstances did then concur to call him. The army was alarmed by break of day, by the noise of the rebels' approach, and the attack was made before sunrise, yet when it was light enough to discern what passed. As soon as the enemy came wilbin gun-shot they made a furious fire; and it is said that the dragoons, which constituted the left wing, immediately fled. The Colonel at the beginning of the onset, which in the whole lasted but a few minutes, received a wound by a bullet in his left breast, which made him give a sudden spring in his saddle ; upon wbich his servant, who led the horse, would have persuaded bim to retreat, but he said it was only a wound in the flesh, and fought on, though he presently after received a shot in his right thigh. In the meantime, it was discerned that some of the enemy fell by him, and particularly one man, who had made him a treacherous visit but a few days before, with great profession of zeal for the present establishment.

“Events of this kind pass in less time than the description of them can be written, or than it can be read. The Colonel was for a few moments supported by his men, and particularly by that worthy person Lieutenant-Colonel Whitney, who was shot through the arm here, and a few months after fell nobly at the battle of Falkirk, and by Lieutenant West, a man of distinguished bravery, as also by about fifteen dragoons, who stood by him to the last. But after a faint fire, the regiment in general was seized with a panic; and though their Colonel and some other gallant officers did what they could to rally them once or twice, they at last took a precipitale flight. And just in the moment when Colonel Gardiner seemed to be making a pause to deliberate whal duty required him to do in such circumstances, an accident happened, which must, I think, in the judgment of every worthy and generous man, be allowed a sufficient apology for exposing his life lo so great hazard, when his regiment had left him. He saw a party of the foot, who were then bravely fighting near him, and whom be was ordered to support, had no officer to head them; upon wbich he said eagerly, in the hearing of the person from whom I had this account, “These brave fellows will be cut to pieces for want of a commander,' or words to that effect; which while he was speaking, he rode up to them and cried out, · Fire on, my lads, and fear nothing.' But just as the words were out of his mouth, a Highlander advanced towards him with a scythe fastened to a long pole, with which he gave him so dreadful a wound on his right arm, that his sword dropped out of his hand; and at the same time several others coming about him while he was thus dreadfully entangled with that cruel weapon, he was dragged off from his horse. The moment he fell, another Highlander, who, if the king's evidence at Carlisle may be credited (as I know not why they should not, though the unhappy creature died denying it), was one Mac-Naught, who was executed about a year after, gave him a stroke either with a broadsword or a Lochaber axe (for my informant could not exactly distinguish) on the hinder part of his head, which was the mortal blow. All that his faithful attendant saw further at this time was, that, as his hal was falling off, he took it in his left band and waved it as a signal to him to retreat, and added what were the last words he ever beard him speak, “Take care of yourself;' upon which the servant retired."

Some remarkable Passages in the Life of Colonel James Gardiner, by P. Doddridge, D. D. London, 1747, p. 187.

I may remark on this extract, that it confirms the account given in the text of the resistance offered by some of the English infantry. Surprised by a force of a peculiar and unusual description, their opposition could not be long or formidable, especially as they were deserted by the cavalry, and those who undertook to manage the artillery. But, although the affair was soon decided, I have always understood that many of the infantry showed an inclination to do their duty.

only to relate the fate of Balmawhapple, who, mounted on a horse as headstrong and stiffnecked as his rider, pursued the flight of the dragoons above four miles from the field of ballle, when some dozen of the fugitives took heart of grace, turned round, and, cleaving. his skull with their broadswords, satisfied the world that the unfor tunale gentleman had actually brains, the end of his life thus giving proof of a fact greally doubled during its progress. His death was lamented by few. Most of those who knew him agreed in the pithy observation of Ensign Maccombich, that there “ was mair tint (los) at Sheriff-Muir." His friend, Lieutenant Jinker, bent his eloquence only to exculpate his favourite mare from any share in contributing to the catastrophe. “He had tauld the laird a thousand times,” he said, “ that it was a burning shame to put a martingale upon the puir thing, when he would needs ride her wi' a curb of half a yard lang; and that he could na but bring himsell (not to say her) to some mischief, by flinging her down, or otherwise; whereas, if he had had a wee bit rinnin ring on the snaffle, she wad ha' rein'd as cannily as a cadger's pownie.”

Such was the elegy of the Laird of Balmawhapple.'

CHAPTER XLVIII.

AN UNEXPECTED EMBARRASSMENT.

When the ballle was over, and all things coming into order, the Baron of Bradwardine, relurning from the duty of the day, and having disposed those under his command in their proper stations, sought the Chieftain of Glennaquoich and his friend Edward Waverley. He found the former busied in determining disputes among his clansmen about points of precedence and deeds of valour, besides sundry high and doubtful questions concerning plunder. The most important of the last respected the property of a gold watch, which had once belonged to some unfortunate English officer. The party against whom judgment was awarded consoled himself

"It is scarcely necessary to say that the character of this brutal young Laird is enLirely imaginary. A gentleman, however, who resembled Balmawhapple in the article of courage only, fell al Preston in the manner described. A Perthshire gentleman of high honour and respectability, one of the handful of cavalry who followed the fortunes of Charles Edward, pursued the fugitive dragoons almost alone till near Saint Clement's Wells, where the effor of some of the officers had prevailed on a few of them to make a momentary stand. Perceiving at tbis moment that they were pursued by only one man and a couple of servants, they turned upon him and cut him down with their swords. I remember, when a child, silting on his grave, where the grass long grew rank and green, distinguishing it from the rest of the field. A female of the family then residing at Saint Clement's Wells used to tell me the tragedy of which she had been an eye-witness, and showed me in evidence one of the silver clasps of the unfortunate gentleman's waistcoal.

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by observing, “She (i. e. the watch, which he look for a living animal) died the very night Vich Ian Vohr gave her to Murdoch ;" the machine having, in fact, stopped for want of winding up.

It was just when this important question was decided, that the Baron of Bradwardine, with a careful and yet important expression of countenance, joined the two young men. He descended from his reeking charger, the care of which he recommended to one of his grooms. “I seldom ban, sir," said he to the man; “ but if you play any of your hound's-foot tricks, and leave puir Berwick before he's sorted, to rin after spuilzie, deil be wi' me if I do not give your craig a thraw." He then stroked with great complacency the animal which had borne him through the fatigues of the day, and having taken a tender leave of him,-“ Weel, my good young friends, a glorious and decisive victory,” said he; “ but these loons of troopers fled ower soon, I should have liked to have shown you the true points of the prælium equestre, or equestrian combat, whilk their cowardice has postponed, and which I hold to be the pride and terror of warfare. Weel, I have fought once more in this old quarrel, though I admit I could not be so far ben as you lads, being that it was my point of duty to keep together our handful of horse. And no cavalier ought in any wise to begrudge honour that befalls his companions, even though they are ordered upon thrice his danger, whilk, another time, by the blessing of God, may be his own case. -But, Glennaquoich, and you, Mr. Waverley, I pray ye lo give me your best advice on a matter of mickle weight, and which deeply affects the honour of the house of Bradwardine.--I crave your pardon, Ensign Maccombich, and yours, Inveraughlin, and yours, Edderalshendrach, and yours, sir.”

The last person he addressed was Ballenkeiroch, who, remembering the death of his son, loured on him with a look of savage defiance. The Baron, quick as lightning at taking umbrage, had already bent his brow, when Glennaquoich dragged his major from the spot, and remonstraled with him, in the authoritative tone of a chiestain, on the madness of reviving a quarrel in such a moment.

“ The ground is cumbered with carcasses,” said the old mountaineer, turning sullenly away; “ one more would hardly have been kenn'd upon it; and if il wasna for yoursell, Vich Ian Vohr, that one should be Bradwardine's or mine."

The Chief soolhed while he hurried him away; and then returned to the Baron. “ It is Ballenkeiroch,” he said, in an under and confidential voice,

father of the young man who fell eight years since in the unlucky affair at the Mains.”

“Ah!” said the Baron, instantly relaxing the doubtful sternness of his features, “I can take mickle frae a man to whom I have unhappily rendered sic a displeasure as that. Ye were right to ap

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prise me, Glennaquoich; he may look as black as midnight at Martinmas, ere Cosmo Comyne Bradwardine shall say he does him wrang. Ab! I have nae male lineage, and I should bear with one I have made childless, though you are aware the bloodwit was made up to your ain salisfaction by assythment, and that I have since expedited letters of slains.--Weel, as I have said, I have no male issue, and yet it is needful that I maintain the honour of my house; and it is on that score I prayed ye for your peculiar and private altention."

The two young men awaited to hear him, in anxious curiosity.

“I doubt na, Jads," he proceeded, “but your education has been sae seen to, that ye understand the true nature of the feudal tenures ?”

Fergus, afraid of an endless dissertation, answered, " Intimately, Baron," and louched Waverley, a signal to express no ignorance.

“And ye are aware, I doubt not, that the holding of the Barony of Bradwardine is of a nature alike honourable and peculiar, being blanch, ( which Craig opines ought to be Latinated blancum, or rather francum, a free holding,) pro servitio detrahendi, seu exuendi, caligas regis post battalliam.Here Fergus turned his falcon eye upon Edward, with an almost imperceptible rise of his eyebrow, to which his shoulders corresponded in the same degree of elevation. Now, lwa points of dubitation occur to me upon this topic. First, whether this service, or feudal homage, be at any event due to the person of the Prince, the words being, per expressum, caligas REGIS, the boots of the king himself; and I pray your opinion anent that particular before we proceed farther.”

Why, he is Prince Regent,” answered Mac-Iyor, with laudable composure of countenance; 66 and in the court of France all the honours are rendered to the person of the Regent wbich are due to that of the King. Besides, were I lo pull off either of their bools, I would render that service to the young Chevalier ten times more willingly than to his father."

Ay, but I talk not of personal predilections. However, your authority is of great weight as to the usages of the court of France: and doubtless the Prince, as alter ego, may have a right to claim the homagium of the great tenants of the crown, since all faithful subjects are commanded, in the commission of regency, to respect him as the King's own person. Far, therefore, be it from me to diminish the lustre of his authority, by wilhholding this act of homage, so peculiarly calculated to give it splendour ; for I question if the Emperor of Germany haih his boots taken off by a free baron of the empire. But here lieth the second difficulty-The prince wears no boots, but simply brogues and trews.”'

This last dilemma had almost disturbed Fergus's gravily.

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“Why," said he," you know, Baron, the proverb tells us, ' It's ill laking the breeks off a Highlandman,'—and the boots are here in the same predicament.”

“ The word calige, however,” continued the Baron, “ though I admit, that, by family tradition, and even in our ancient evidents, it is explained lie Boots, means, in its primitive sense, rather sandals; and Caius Cæsar, the nephew and successor of Caius Tiberius, received the agnomen of Caligula, a caligulis, sive caligis levioribus, quibus adolescentior usus fuerat in exercitu Germanici patris sui. And the calige were also proper to the monastic bodies; for we read in an ancient Glossarium, upon the rule of St. Benedict, in the Abbey of St. Amand, that calige were tied with latchets."

“That will apply to the brogues," said Fergus.

“It will so, my dear Glennaquoich, and the words are express ; Caligæ dictæ sunt quia ligantur; nam socci non ligantur, sed tantum intromittuntur ; that is, caligæ are denominated from the ligatures, wherewith they are bound; whereas socci, which may be analogous to our mules, whilk the English denominale slippers, are only slipped upon the feet. The words of the charler are also alternative, exuere, seu detrahere; that is, to undo, as in the case of sandals or brogues; and to pull off, as we say vernacularly, concerning boots. Yet I would we had more light; but I fear there is little chance of finding hereabout any crudite author, de re vestiaria.

" I should doubt it very much," said the Chieftain, looking around on the straggling Highlanders, who were returning loaded with spoils of the slain, “ though the res vestiaria itself seems to be in some request at present.”

This remark coming within the Baron's idea of jocularity, he honoured it with a smile, but immediately resumed what to him appeared very serious business.

6 Bailie Macwheeble indeed holds an opinion, that this honorary service is due, from its very nature, si petatur tantum ; only if his Royal Highness shall require of the great tenant of the crown to perform that personal duty; and indeed he pointed out the case in Dirleton's Doubts and Queries, Grippit versus Spicer, anent the eviction of an eslate ob non solutem canonem, that is, for nonpayment of a seu-duty of three pepper-corns a-year, whilk were taxt to be worth seven-eighths of a penny Scols, in whilk the defender was assoilzied. But I deem it safest, wi' your good favour, to place myself in the way of rendering the Prince this service, and to proffer performance thereof; and I shall cause the Bailie to altend with a schedule of a protest, whilk he has here prepared, (taking out a paper), inlimating, that is it shall be his Royal Highness's pleasure to accept of other assistance at pulling off his cali

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