CHAPTER V.--KIRK LAW.

Of course Clan MacNicoll was brought to book for this frolic on

Inneraora fair-day, banned by Kirk, and soundly beaten by the Doomster

in name of law. To read some books I’ve read, one would think our Gaels

in the time I speak of, and even now, were pagan and savage. We are not,

I admit it, fashioned on the prim style of London dandies and Italian

fops; we are--the poorest of us--coarse a little at the hide, too quick,

perhaps, to slash out with knife or hatchet, and over-ready to carry

the most innocent argument the dire length of a thrust with the sword.

That’s the blood; it’s the common understanding among ourselves. But we

were never such thieves and marauders, caterans bloody and unashamed, as

the Galloway kerns and the Northmen, and in all my time we had plenty to

do to fend our straths against reivers and cattle-drovers from the bad

clans round about us. We lift no cattle in all Campbell country. When

I was a lad some of the old-fashioned tenants in Glenaora once or twice

went over to Glen Nant and Rannoch and borrowed a few beasts; but the

Earl (as he was then) gave them warning for it that any vassal of his

found guilty of such practice again should hang at the town-head as

readily as he would hang a Cowal man for theftuously awaytaking a board

of kipper salmon. My father (peace with him!) never could see the logic

of it “It’s no theft,” he would urge, “but war on the parish scale: it

needs coolness of the head, some valour, and great genius to take fifty

or maybe a hundred head of bestial hot-hoof over hill and moor. I would

never blame a man for lifting a mart of black cattle any more than for

killing a deer: are not both the natural animals of these mountains,

prey lawful to the first lad who can tether or paunch them?”

“Not in the fold, father!” I mind of remonstrating once.

“In the fold too,” he said. “Who respects Bredal-bane’s fenced deer? Not

the most Christian elders in Glenurchy: they say grace over venison that

crossed a high dyke in the dead of night tail first, or game birds that

tumbled out of their dream on the bough into the reek of a brimstone

fire. A man might as well claim the fish of the sea and the switch of

the wood, and refuse the rest of the world a herring or a block of wood,

as put black cattle in a fank and complain because he had to keep watch

on them!”

It was odd law, but I must admit my father made the practice run with

the precept, for more than once he refused to take back cattle lifted by

the Macgregors from us, because they had got over his march-stone.

But so far from permitting this latitude in the parish of Inneraora,

Kirk and State frowned it down, and sins far less heinous. The session

was bitterly keen on Sabbath-breakers, and to start on a Saturday night

a kiln-drying of oats that would claim a peat or two on Sabbath, was

accounted immorality of the most gross kind.

Much of this strict form, it is to be owned, was imported by the Lowland

burghers, and set up by the Lowland session of the English kirk, of

which his lordship was an elder, and the Highlanders took to it badly

for many a day. They were aye, for a time, driving their cattle through

the town on the Lord’s day or stravaiging about the roads and woods, or

drinking and listening to pipers piping in the change-houses at time of

sermon, fond, as all our people are by nature, of the hearty open air,

and the smell of woods, and lusty sounds like the swing of the seas and

pipers playing old tunes. Out would come elders and deacons to scour the

streets and change-houses for them, driving them, as if with scourges,

into worship. Gaelic sermon (or Irish sermon, as the Scots called

it) was but every second Sabbath, and on the blank days the landward

Highlanders found in town bound to go to English sermon whether they

knew the language or not, a form which it would be difficult nowadays to

defend. And it was, in a way, laughable to see the big Gaels driven to

chapel like boys by the smug light burghers they could have crushed

with a hand. But time told; there was sown in the landward mind by the

blessing of God (and some fear of the Marquis, no doubt) a respect

for Christian ordinance, and by the time I write of there were no more

devout churchgoers and respecters of the law ecclesiastic than the

umquhile pagan small-clans of Loch Firme and the Glens.

It is true that Nicol Beg threatened the church-officer with his dirk

when he came to cite him before the session a few days after the splore

in Inneraora, but he stood his trial like a good Christian all the same,

he and half a score of his clan, as many as the church court could get

the names of. I was a witness against them, much against my will, with

John Splendid, the Provost, and other townsfolk.

Some other defaulters were dealt with before the Mac-Nicolls, a few

throughither women and lads from the back-lanes of the burghs, on the

old tale, a shoreside man for houghing a quey, and a girl Mac Vicar,

who had been for a season on a visit to some Catholic relatives in the

Isles, and was charged with malignancy and profanity.

Poor lass! I was wae for her. She stood bravely beside her father, whose

face was as begrutten as hers was serene, and those who put her through

her catechism found to my mind but a good heart and tolerance where they

sought treachery and rank heresy. They convicted her notwithstanding.

“You have stood your trials badly, Jean MacVicar,” said Master Gordon.

“A backslider and malignant proven! You may fancy your open profession

of piety, your honesty and charity, make dykes to the narrow way. A fond

delusion, woman! There are, sorrow on it! many lax people of your kind

in Scotland this day, hangers-on at the petticoat tails of the whore of

Babylon, sitting like you, as honest worshippers at the tables of the

Lord, eating Christian elements that but for His mercy choked them at

the thrapple. You are a wicked woman!”

“She’s a good daughter,” broke in the father through his tears; but his

Gaelic never stopped the minister.

“An ignorant besom.”

“She’s leech-wife to half Kenmore,” protested the old man.

“And this court censures you, ordains you to make public confession at

both English and Gaelic kirks before the congregations, thereafter to be

excommunicate and banished furth and from this parish of Inneraora and

Glenaora.”

The girl never winced.

Her father cried again. “She can’t leave me,” said he, and he looked to

the Marquis, who all the time sat on the hard deal forms, like a plain

man. “Your lordship kens she is motherless and my only kin; that’s she

true and honest.”

The Marquis said yea nor nay, but had a minute’s talk with the

clergyman, as I thought at the time, to make him modify his ruling. But

Master Gordon enforced the finding of the session.

“Go she must,” said he; “we cannot have our young people poisoned at the

mind.”

“Then she’ll bide with me,” said the father, angrily.

“You dare not, as a Christian professor, keep an excommunicate in your

house,” said Gordon; “but taking to consideration that excommunication

precludes not any company of natural relations, we ordain you never to

keep her in your house in this parish any more; but if you have a mind

to do so with her, to follow her wherever she goes.”

And that sorry small family went out at the door, in tears.

Some curious trials followed, and the making of quaint bylaws; for now

that his lordship, ever a restraining influence on his clans, was bound

for new wars elsewhere, a firmer hand was wanted on the people he left

behind, and Master Gordon pressed for stricter canons. Notification was

made discharging the people of the burgh from holding lyke-wakes in

the smaller houses, from unnecessary travel on the Sabbath, from public

flyting and abusing, and from harbouring ne’er-do-weels from other

parishes; and seeing it had become a practice of the women attending

kirk to keep their plaids upon their heads and faces in time of sermon

as occasion of sleeping, as also that they who slept could not be

distinguished from those who slept not, that they might be wakened, it

was ordained that such be not allowed hereafter, under pain of taking

the plaids from them.

With these enactments too came evidence of the Kirk’s paternity.

It settled the salary (200 pounds Scots) of a new master for the

grammar-school, agreed to pay the fees of divers poor scholars,

instructed the administering of the funds in the poor’s-box, fixed a

levy on the town for the following week to help the poorer wives who

would be left by their fencible husbands, and paid ten marks to an

elderly widow woman who desired, like a good Gael, to have her burial

clothes ready, but had not the wherewithal for linen.

“We are,” said Master Gordon, sharpening a pen in a pause ere the

MacNicolls came forward, “the fathers and guardians of this parish

people high and low. Too long has Loch Finne side been ruled childishly.

I have no complaint about its civil rule--his lordship here might well

be trusted to that; but its religion was a thing of rags. They tell me

old Campbell in the Gaelic end of the church (peace with him!) used

to come to the pulpit with a broadsword belted below his Geneva gown.

Savagery, savagery, rank and stinking! I’ll say it to his face in

another world, and a poor evangel and ensample truly for the quarrelsome

landward folk of this parish, that even now, in the more unctuous times

of God’s grace, doff steel weapons so reluctantly. I found a man with a

dirk at his hip sitting before the Lord’s table last Lammas!”

“Please God,” said the Marquis, “the world shall come to its sight

some day. My people are of an unruly race, I ken, good at the heart,

hospitable, valorous, even with some Latin chivalry; but, my sorrow!

they are sorely unamenable to policies of order and peace.”

“Deil the hair vexed am I,” said John Splendid in my ear; “I have a

wonderful love for nature that’s raw and human, and this session-made

morality is but a gloss. They’ll be taking the tartan off us next maybe!

Some day the old dog at the heart of the Highlands will bark for all

his sleek coat Man! I hate the very look of those Lowland cattle sitting

here making kirk laws for their emperors, and their bad-bred Scots

speech jars on my ear like an ill-tuned bagpipe.”

Master Gordon possibly guessed what was the topic of Splendid’s

confidence,--in truth, few but knew my hero’s mind on these matters;

and I have little doubt it was for John’s edification he went on to

sermonise, still at the shaping of his pen.

“Your lordship will have the civil chastisement of these MacNicolls

after this session is bye with them. We can but deal with their

spiritual error. Nicol Beg and his relatives are on our kirk rolls as

members or adherents, and all we can do is to fence the communion-table

against them for a period, and bring them to the stool of repentance.

Some here may think a night of squabbling and broken heads in a Highland

burgh too trifling an affair for the interference of the kirk or the

court of law: I am under no such delusion. There is a valour better than

the valour of the beast unreasoning. Your lordship has seen it at its

proper place in your younger wars; young Elrigmore, I am sure, has seen

it on the Continent, where men live quiet burgh lives while left alone,

and yet comport themselves chivalrously and gallantly on the stricken

fields when their country or a cause calls for them so to do. In the

heart of man is hell smouldering, always ready to leap out in flames of

sharpened steel; it’s a poor philosophy that puffs folly in at the ear

to stir the ember, saying, ‘Hiss, catch him, dog!’ I’m for keeping hell

(even in a wild High-landman’s heart) for its own business of punishing

the wicked.”

“Amen to yon!” cried MacCailein, beating his hand on a book-board, and

Master Gordon took a snuff like a man whose doctrine is laid out plain

for the world and who dare dispute it. In came the beadle with the

MacNicolls, very much cowed, different men truly from the brave

gentlemen who cried blood for blood on Provost Brown’s stair.

They had little to deny, and our evidence was but a word ere the session

passed sentence of suspension from the kirk tables, as Gordon had said,

and a sheriffs officer came to hale them to the Tolbooth for their trial

on behalf of the civil law.

With their appearance there my tale has nothing to do; the Doomster, as

I have said, had the handling of them with birch. What I have described

of this kirk-session’s cognisance of those rough fellows’ ill behaviour

is designed ingeniously to convey a notion of its strict ceremony and

its wide dominion,--to show that even in the heart of Arraghael we were

not beasts in that year when the red flash of the sword came on us and

the persecution of the torch. The MacNicoll’s Night in the Hie Street of

MacCailein Mot’s town was an adventure uncommon enough to be spoken of

for years after, and otherwise (except for the little feuds between the

Glens-men and the burghers without tartan), our country-side was as safe

as the heart of France--safer even. You might leave your purse on the

open road anywhere within the Crooked Dyke with uncounted gold in it and

be no penny the poorer at the week’s end; there was never lock or bar on

any door in any of the two glens--locks, indeed, were a contrivance the

Lowlanders brought for the first time to the town; and the gardens lay

open to all who had appetite for kail or berry. There was no man who sat

down to dinner (aye in the landward part I speak of; it differed in the

town) without first going to the door to look along the high road to

see if wayfarers were there to share the meal with him and his family.

“There he goes,” was the saying about any one who passed the door at

any time without coming in to take a spoon--“there he goes; I’ll warrant

he’s a miser at home to be so much of a churl abroad” The very gipsy

claimed the cleanest bed in a Glenman’s house whenever he came that way,

and his gossip paid handsomely for his shelter.

It was a fine fat land this of ours, mile upon mile thick with herds,

rolling in the grassy season like the seas, growing such lush crops as

the remoter Highlands never dreamt of. Not a foot of good soil but had

its ploughing, or at least gave food to some useful animal, and yet so

rocky the hills between us and lower Lochow, so tremendous steep and

inaccessible the peaks and corries north of Ben Bhuidhe, that they were

relegated to the chase. There had the stag his lodging and the huntsman

a home almost perpetual. It was cosy, indeed, to see at evening the

peat-smoke from well-governed and comfortable hearths lingering on the

quiet air, to go where you would and find bairns toddling on the braes

or singing women bent to the peat-creel and the reaping-hook.

In that autumn I think nature gave us her biggest cup brimmingly, and my

father, as he watched his servants binding corn head high, said he

had never seen the like before. In the hazel-woods the nuts bent the

branches, so thick were they, so succulent; the hip and the haw, the

blaeberry and the rowan, swelled grossly in a constant sun; the orchards

of the richer folks were in a revelry of fruit Somehow the winter

grudged, as it were, to come. For ordinary, October sees the trees that

beard Dun-chuach and hang for miles on the side of Creag Dubh searing

and falling below the frost; this season the cold stayed aloof long, and

friendly winds roved from the west and south. The forests gleamed in a

golden fire that only cooled to darkness when the firs, my proud tall

friends, held up their tasselled heads in unquenching green. Birds

swarmed in the heather, and the sides of the bare hills moved constantly

with deer. Never a stream in all real Argile but boiled with fish; you

came down to Eas-a-chleidh on the Aora with a creel and dipped it into

the linn to bring out salmon rolling with fat.

All this I dwell on for a sensible purpose, though it may seem to be

but an old fellow’s boasting and a childish vanity about my own

calf-country. ‘Tis the picture I would paint--a land laughing and

content, well governed by Gillesbeg, though Gruamach he might be by name

and by nature. Fourpence a-day was a labourer’s wage, but what need had

one of even fourpence, with his hut free and the food piling richly at

his very door?

John Splendid: The Tale of a Poor Gentleman, and the Little Wars of Lorn · 第 5 / 34 章