former commander brought from his horse by the blow of a scythe, and beheld him receive, while on the ground, more wounds than would have let out twenty lives. When Waverley came up, however, perception had not entirely fled. The dying warrior seemed to recognise Edward, for he fixed his eye upon him with an upbraiding, yet sorrowful look, and appeared to struggle for utterance. But he felt that deat was dealing closely with him, and resigning his purpose, and folding his hands as if in devotion, he gave up his soul to his Creator. The look with which he regarded Waverley in his dying moments, did not strike him so deeply at that crisis of hurry and confusion, as when it recurred to his imagination at the distance of some time.1

Loud shouts 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 com plete. Scarce any escaped from the battle, excepting the cavalry, who had left it at the very onset, and even these were broken into different parties and scattered all over the country. So far as our tale is concerned, we have only to relate the fate of Balmawhapple, who, mounted on a horse as headstrong and stiff-necked as his rider, pursued the flight of the dragoons above four miles from the field of battle, when some dozen of the fugitives took heart of grace, turned round, and, cleaving his skull with their broadswords, satisfied the world that the unfortunate gentleman had actually brains, the end of his life. thus giving proof of a fact greatly doubted 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 (lost) at Sheriff-Muir." His friend, Lieutenant Jinker, bent his eloquence only to exculpate his favourite mare from any share in contributing to the catas trophe. "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 2 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 battle was over, and all things coming into order, he Baron of Bradwardine, returning from the duty of the day, nd having disposed those under his command in their proper tations, sought the Chieftain of Glennaquoich and his friend dward Waverley. He found the former busied in determing disputes among his clansmen about points of precedence ad deeds of valour, besides sundry high and doubtful quesons concerning plunder. The most important of the last espected the property of a gold watch, which had once benged to some unfortunate English officer. The party against hom judgment was awarded consoled himself by observing, She (ie. the watch, which he took for a living animal) died e very night Vich Ian Vohr gave her to Murdoch;" the achine having, in fact, stopped for want of winding up. It was just when this important question was decided, that e Baron of Bradwardine, with a careful and yet important xpression of countenance, joined the two young men. He escended from his reeking charger, the care of which he reommended to one of his grooms. "I seldom ban, sir," said e to the man; "but if you play any of your hound's-foot icks, and leave puir Berwick before he's sorted, to rin after puilzie, deil be wi' me if I do not give your craig a thraw." He then stroked with great complacency the animal which had orne him through the fatigues of the day, and having taken tender leave of him,-"Weel, my good young friends, a lorious and decisive victory," said he; "but these loons of roopers fled ower soon. I should have liked to have shown ou the true points of the prælium equestre, or equestrian combat, whilk their cowardice has postponed, and which I old to be the pride and terror of warfare. Weel, I have ought 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 com panions, 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 to 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 Glennaquioch dragged his major from the spot, and remonstrated with him, in the authoritative tone of a chieftain, 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 it wasna for yoursell, Vich Ian Vohr, that one should be Bradwardine's or mine."

The Chief soothed 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 apprise me, Glennaquioch; he may look as black as midnight at Martinmas ere Cosmo Comyne Bradwardine shall say he does him wrang. Ah! I have nae male lineage, and I should bear with one I have made childless, though you are aware the blood wit was made up to your ain satisfaction 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 attention."

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

"I doubt na, lads," 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, "Inti-, mately, Baron," and touched Waverley, as 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, twa 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, he boots of the king himself; and I pray your opinion anent hat particular before we proceed farther."

"Why, he is Prince Regent," answered Mac-Ivor, with laudble composure of countenance; "and in the court of France ll the honours are rendered to the person of the Regent thich are due to that of the King. Besides, were I to pull off ither of their boots, 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, our authority is of great weight as to the usages of the court f France: And doubtless the Prince, as alter ego, may have a ght to claim the homagium of the great tenants of the crown, nce all faithful subjects are commanded, in the commission f regency, to respect him as the King's own person. Far, herefore, be it from me to diminish the lustre of his authority, y withholding this act of homage, so peculiarly calculated to ive it splendour; for I question if the Emperor of Germany ath his boots taken off by a free baron of the empire. But ere lieth the second difficulty-The Prince wears no boots, ut simply brogues and trews."

This last dilemma had almost disturbed Fergus's gravity. "Why," said he, "you know, Baron, the proverb tells us, It's ill taking the breeks off a Highlandman,—and the boots re here in the same predicament.'

"The word caliga, however," continued the Baron, "though admit, that, by family tradition, and even in our ancient vidents, it is explained lie BOOTS, means, in its primitive ense, rather sandals; and Caius Cæsar, the nephew and sucessor of Caius Tiberius, received the agnomen of Caligula, caligulis, sive caligis levioribus, quibus adolescentior usus fuerat in exercitu Germanici patris sui. And the caliga 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 caliga were tied with latchets."

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

"It will so, my dear Glennaquoich, and the words are express; Caliga dicta sunt quia ligantur; nam socci non

ligantur, sed tantum intromittuntur; that is, caliga are de nominated from the ligatures, wherewith they are bound; whereas socci, which may be analogous to our mules, whilk the English denominate slippers, are only slipped upon the feet The words of the charter are also alternative, exuere, se detrahere; that is, to undo, as in the case of sandals or brogues and to pull off, as we say vernacularly, concerning boots. Ye I would we had more light; but I fear there is little chance of finding hereabout any erudite 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 itsell 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 him appeared very serious business.

"Bailie Macwheeble indeed holds an opinion, that th honorary service is due, from its very nature, si petatur tantum only if his Royal Highness shall require of the great tenant the crown to perform that personal duty; and indeed h pointed out the case in Dirleton's Doubts and Queries, Gripp versus Spicer, anent the eviction of an estate ob non solutum canonem, that is, for non-payment of a feu-duty of three pepper corns a-year, whilk were taxt to be worth seven-eighths of penny Scots, in whilk the defender was assoilzied. But deem it safest, wi' your good favour, to place myself in the wa of rendering the prince this service, and to proffer performanc thereof; and I shall cause the Bailie to attend with a schedul of a protest, whilk he has here prepared, (taking out a paper intimating, that if it shall be his Royal Highness's pleasure to accept of other assistance at pulling off his caliga, (whether the same shall be rendered boots or brogues,) save that of the said Baron of Bradwardine, who is in presence ready and willing to perform the same, it shall in no wise impinge upon or prejudice the right of the said Cosmo Comyne Bradwardine to perform the said service in future; nor shall it give any esquire, valet of the chamber, squire, or page, whose assist ance it may please his Royal Highness to employ, any right title, or ground, for evicting from the said Cosmo Comyne Bradwardine the estate and barony of Bradwardine, and others held as aforesaid, by the due and faithful performance thereof."

Fergus highly applauded this arrangement; and the Baron