‘Cristal Nixon,’ said Mr. Herries, ‘let us have a cool tankard instantly, large enough to quench the thirst of the whole commission.’
While Cristal was absent on this genial errand, there was a pause, of which I endeavoured to avail myself by bringing back the discourse to my own concerns. ‘Sir,’ I said to Justice Foxley, ‘I have no direct business with your late discussion with Mr. Herries, only just thus far—You leave me, a loyal subject of King George, an unwilling prisoner in the hands of a person whom you have reason to believe unfriendly to the king’s cause. I humbly submit that this is contrary to your duty as a magistrate, and that you ought to make Mr. Herries aware of the illegality of his proceedings, and take steps for my rescue, either upon the spot, or, at least, as soon as possible after you have left this case’—
‘Young man,’ said Mr. Justice Foxley, ‘I would have you remember you are under the power, the lawful power—ahem—of your guardian.’
‘He calls himself so, indeed,’ I replied; ‘but he has shown no evidence to establish so absurd a claim; and if he had, his circumstances, as an attainted traitor excepted from pardon, would void such a right if it existed. I do therefore desire you, Mr. Justice, and you, his clerk, to consider my situation, and afford me relief at your peril.’
‘Here is a young fellow now,’ said the Justice, with much-embarrassed looks, ‘thinks that I carry the whole statute law of England in my head, and a POSSE COMITATUS to execute them in my pocket! Why, what good would my interference do?—but—hum—eh—I will speak to your guardian in your favour.’
He took Mr. Herries aside, and seemed indeed to urge something upon him with much earnestness; and perhaps such a species of intercession was all which, in the circumstances, I was entitled to expect from him.
They often looked at me as they spoke together; and as Cristal Nixon entered with a huge four-pottle tankard, filled with the beverage his master had demanded, Herries turned away from Mr. Foxley somewhat impatiently, saying with emphasis, ‘I give you my word of honour, that you have not the slightest reason to apprehend anything on his account.’ He then took up the tankard, and saying aloud in Gaelic, ‘SLAINT AN REY,’ [The King’s health.] just tasted the liquor, and handed the tankard to Justice Foxley, who, to avoid the dilemma of pledging him to what might be the Pretender’s health, drank to Mr. Herries’s own, with much pointed solemnity, but in a draught far less moderate.
The clerk imitated the example of his principal, and I was fain to follow their example, for anxiety and fear are at least as thirsty as sorrow is said to be. In a word, we exhausted the composition of ale, sherry, lemon-juice, nutmeg, and other good things, stranded upon the silver bottom of the tankard the huge toast, as well as the roasted orange, which had whilom floated jollily upon the brim, and rendered legible Dr. Byrom’s celebrated lines engraved thereon—
God bless the King!—God bless the Faith’s defender!
God bless—No harm in blessing—the Pretender.
Who that Pretender is, and who that King,—
God bless us all!—is quite another thing.
I had time enough to study this effusion of the Jacobite muse, while the Justice was engaged in the somewhat tedious ceremony of taking leave. That of Mr. Faggot was less ceremonious; but I suspect something besides empty compliment passed betwixt him and Mr. Herries; for I remarked that the latter slipped a piece of paper into the hand of the former, which might perhaps be a little atonement for the rashness with which he had burnt the warrant, and imposed no gentle hand on the respectable minion of the law by whom it was exhibited; and I observed that he made this propitiation in such a manner as to be secret from the worthy clerk’s principal.