“We will demand of the King,” said Sir Louis Lundin, “my advice being taken, that the body of our murdered fellow citizen be transported into the High Church of St. John, and suitable masses said for the benefit of his soul and for the discovery of his foul murder. Meantime, we shall obtain an order that Sir John Ramorny give up a list of such of his household as were in Perth in the course of the night between Fastern’s Even and this Ash Wednesday, and become bound to present them on a certain day and hour, to be early named, in the High Church of St. John, there one by one to pass before the bier of our murdered fellow citizen, and in the form prescribed to call upon God and His saints to bear witness that he is innocent of the acting, art or part, of the murder. And credit me, as has been indeed proved by numerous instances, that, if the murderer shall endeavour to shroud himself by making such an appeal, the antipathy which subsists between the dead body and the hand which dealt the fatal blow that divorced it from the soul will awaken some imperfect life, under the influence of which the veins of the dead man will pour forth at the fatal wounds the blood which has been so long stagnant in the veins. Or, to speak more certainly, it is the pleasure of Heaven, by some hidden agency which we cannot comprehend, to leave open this mode of discovering the wickedness of him who has defaced the image of his Creator.”
“I have heard this law talked of,” said Sir Patrick, “and it was enforced in the Bruce’s time. This surely is no unfit period to seek, by such a mystic mode of inquiry, the truth to which no ordinary means can give us access, seeing that a general accusation of Sir John’s household would full surely be met by a general denial. Yet I must crave farther of Sir Louis, our reverend town clerk, how we shall prevent the guilty person from escaping in the interim?”
“The burghers will maintain a strict watch upon the wall, drawbridges shall be raised and portcullises lowered, from sunset to sunrise, and strong patrols maintained through the night. This guard the burghers will willingly maintain, to secure against the escape of the murderer of their townsman.”
The rest of the counsellors acquiesced, by word, sign, and look, in this proposal.
“Again,” said the provost, “what if any one of the suspected household refuse to submit to the ordeal of bier right?”
“He may appeal to that of combat,” said the reverend city scribe, “with an opponent of equal rank; because the accused person must have his choice, in the appeal to the judgment of God, by what ordeal he will be tried. But if he refuses both, he must be held 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 and supported by five or six women of good (that is, of respectability) dressed in the same melancholy attire. One of her attendants held an infant in her arms, the last pledge of poor Oliver’s nuptial affections. Another led a little tottering creature of two years, or thereabouts, which looked with wonder and fear, sometimes on the black dress in which they had muffled him, and sometimes on the scene around him.