as guilty, and so
punished."
The sages of the council unanimously agreed with the opinion of their
provost and town clerk, and resolved, in all formality, to petition
the King, as a matter of right, that the murder of their fellow citizen
should be inquired into according to this ancient form, which was held
to manifest the truth, and received as matter of evidence in case of
murder so late as towards the end of the 17th century. But before the
meeting dissolved, Bailie Craigdallie thought it meet to inquire who
was to be the champion of Maudie, or Magdalen, Proudfute and her two
children.
"There need be little inquiry about that," said Sir Patrick Charteris;
"we are men, and wear swords, which should be broken over the head
of any one amongst us who will not draw it in behalf of the widow and
orphans of our murdered fellow citizen, and in brave revenge of his
death. If Sir John Ramorny shall personally resent the inquiry, Patrick
Charteris of Kinfauns will do battle with him to the outrance, whilst
horse and man may stand, or spear and blade hold together. But in case
the challenger be of yeomanly degree, well wot I that Magdalen Proudfute
may choose her own champion among the bravest burghers of Perth, and
shame and dishonour were it to the Fair City for ever could she light
upon one who were traitor and coward enough to say her nay! Bring her
hither, that she may make her election."
Henry Smith heard this with a melancholy anticipation that the poor
woman's choice would light upon him, and that his recent reconciliation
with his mistress would be again dissolved, by his being engaged in a
fresh quarrel, from which there lay no honourable means of escape, and
which, in any other circumstances, he would have welcomed as a glorious
opportunity of distinguishing himself, both in sight of the court and
of the city. He was aware that, under the tuition of Father Clement,
Catharine viewed the ordeal of battle rather as an insult to religion
than an appeal to the Deity, and did not consider it as reasonable that
superior strength of arm or skill of weapon should be resorted to as the
proof of moral guilt or innocence. He had, therefore, much to fear from
her peculiar opinions in this particular, refined as they were beyond
those of the age she lived in.
While he thus suffered under these contending feelings, Magdalen,
the widow of the slaughtered man, entered the court, wrapt in a deep
mourning veil, and followed an
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