was feared the pair of ye was maybe best apart. And that
brings me to the essential: how does your business speed?"
"Why," said I, "I was told only this morning that my testimony was
accepted, and I was to travel to Inverary with the Advocate, no less."
"Hout awa!" cried Stewart. "I'll never believe that."
"I have maybe a suspicion of my own," says I, "but I would like fine to
hear your reasons."
"Well, I tell ye fairly, I'm horn-mad," cries Stewart. "If my one hand
could pull their Government down I would pluck it like a rotten apple.
I'm doer for Appin and for James of the Glens; and, of course, it's my
duty to defend my kinsman for his life. Hear how it goes with me, and
I'll leave the judgment of it to yourself. The first thing they have to
do is to get rid of Alan. They cannae bring in James as art and part
until they've brought in Alan first as principal; that's sound law: they
could never put the cart before the horse."
"And how are they to bring in Alan till they can catch him?" says I.
"Ah, but there is a way to evite that arrestment," said he. "Sound law,
too. It would be a bonny thing if, by the escape of one ill-doer another
was to go scatheless, and the remeid is to summon the principal and put
him to outlawry for the non-compearance. Now there's four places where a
person can be summoned: at his dwelling-house; at a place where he has
resided forty days; at the head burgh of the shire where he ordinarily
resorts; or lastly (if there be ground to think him forth of Scotland),
_at the cross of Edinburgh, and the pier and shore of Leith, for sixty
days_. The purpose of which last provision is evident upon its face:
being that outgoing ships may have time to carry news of the
transaction, and the summonsing be something other than a form. Now take
the case of Alan. He has no dwelling-house that ever I could hear of; I
would be obliged if anyone would show me where he has lived forty days
together since the '45; there is no shire where he resorts whether
ordinarily or extraordinarily; if he has a domicile at all, which I
misdoubt, it must be with his regiment in France; and if he is not yet
forth of Scotland (as we happen to know and they happen to guess) it
must be evident to the most dull it's what he's aiming for. Where, then,
and what way should he be summoned? I ask it at yourself, a layman."
"You have given the very words," said I. "Here at the cross, and at the
pier and shore of Leith, for
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