protect a foreigner and a stranger, involved in the same unpleasing circumstances. If, therefore, gentlemen of the jury, when thus pressed by a vis major, the object of obloquy to a whole company, and of direct violence from one at least, and, as he might reasonably apprehend, from more, the panel had produced the weapon which his countrymen, as we are informed, generally carry about their persons, and the same unhappy circumstance had ensued which you have heard detailed in evidence, I could not in my conscience have asked from you a verdict of murder. The prisoner's personal defence might indeed, even in that case, have gone more or less beyond the moderamen inculpatae tutelar spoken of by lawyers, but the punishment incurred would have been that of manslaughter, not of murder. I beg leave to add, that I should have thought this milder species of charge was demanded in the case supposed, notwithstanding the statute of James I. cap. 8, which takes the case of slaughter by stabbing with a short weapon, even without malice prepense, out of the benefit of clergy. For this statute of stabbing, as it is termed, arose out of a temporary cause; and as the real guilt is the same, whether the slaughter be committed by the dagger or by sword or pistol, the benignity of the modern law places them all on the same, or nearly the same, footing.
"But, gentlemen of the jury, the pinch of the case lies in the interval of two hours interposed betwixt the reception of the injury and the fatal retaliation. In the heat of affray and chaude melée, law, compassionating the infirmities of humanity, makes allowance for the passions which rule such a stormy moment—for the sense of present pain, for the apprehension of further injury, for the difficulty of ascertaining with due accuracy the precise degree of violence which is necessary to protect the person of the individual, without annoying or injuring the assailant more than is absolutely necessary. But the time necessary to walk twelve miles, however speedily performed, was an interval sufficient for the prisoner to have recollected himself; and the violence with which he carried his purpose into effect, with so many circumstances of deliberate determination, could neither be induced by the passion of anger nor that of fear. It was the purpose and the act of predetermined revenge, for which law neither can, will, nor ought to have sympathy or allowance.
"It is true, we may repeat to ourselves, in alleviation of this poor man's unhappy action, that his case is a very peculiar one. The country which he inhabits was, in the days of many now alive, inaccessible to the laws not only of England, which have not even yet penetrated thither, but to those to which our neighbours of Scotland are subjected, and which must be supposed to be, and no doubt actually are, founded upon the general principles of justice and equity which pervade every civilised country. Amongst their mountains, as among the North American Indians, the various tribes were wont to make war upon each other, so that each man was obliged to go armed for his own protection. These men, from the ideas which they entertained of their own descent and of their own consequence, regarded themselves as so many cavaliers or men-at-arms, rather than as the peasantry of a peaceful country. Those laws of the ring, as my brother terms them, were unknown to the race of warlike mountaineers; that decision of quarrels by no other weapons than those which nature has given every man must to them have seemed as vulgar and as preposterous as to the noblesse of France. Revenge, on the other hand, must have been as familiar to their habits of society as to those of the Cherokees or Mohawks. It is indeed, as described by Bacon, at bottom a kind of wild untutored justice; for the fear of retaliation must withhold the hands of the oppressor where there is no regular law to check daring violence. But though all this may be granted, and though we may allow that, such having been the case of the Highlands in the days of the prisoner's fathers, many of the opinions and sentiments must still continue to influence the present generation, it cannot, and ought not, even in this most painful case, to alter the administration of the law, either in your hands, gentlemen of the jury, or in mine. The first object of civilisation is to place the general protection of the law, equally administered, in the room of that wild justice which every man cut and carved for himself, according to the length of his sword and the strength of his arm. The law says to the subjects, with a voice only inferior to that of the Deity, 'vengeance is mine.' The instant that there is time for passion to cool and reason to interpose, an injured party must become aware that the law assumes the exclusive cognizance of the right and wrong betwixt the parties, and opposes her inviolable buckler to every attempt of the private party to right himself. I repeat, that this unhappy man ought personally to be the object rather of our pity than our abhorrence, for he failed in his ignorance and from mistaken notions of honour. But his crime is not the less that of murder, gentlemen, and, in your high and important office, it is your duty so to find. Englishmen have their angry passions as well as Scots; and should this man's action remain unpunished, you may unsheath, under various pretences, a thousand daggers betwixt the Land's End and the Orkneys."
The venerable judge thus ended what, to judge by his apparent emotion, and by the tears which filled his eyes, was really a painful task. The jury, according to his instructions, brought in a verdict of Guilty; and Robin Oig M'Combich, alias M'Gregor, was sentenced to death, and left for execution, which took place accordingly. He met his fate with great firmness, and acknowledged the justice of his sentence. But he repelled indignantly the observations of those who accused him of attacking an unarmed man. "I give a life for the life I took," he said, "and what can I do more?"[1]
[1] See Robert Donn's Poems. Note 14.
MR. DEUCEACE
DIMOND CUT DIMOND
By W. M. THACKERAY
The name of my next master was, if posbil, still more ellygant and youfonious than that of my fust. I now found myself boddy servant to the Honrabble Halgernon Percy Deuceace, youngest and fith son of the Earl of Crabs.
Halgernon was a barrystir—that is, he lived in Pump Court, Temple; a wulgar naybrood, witch praps my readers don't no. Suffiz to say, it's on the confines of the citty, and the choasen aboad of the lawyers of this metrappolish.
When I say that Mr. Deuceace was a barrystir, I don't mean that he went sesshums or surcoats (as they call 'em), but simply that he kep chambers, lived in Pump Court, and looked out for a commitionarship, or a revisinship, or any other place that the Wig guwyment could give him. His father was a Wig pier (as the landriss told me), and had been a Toary pier. The fack is, his lordship was so poar, that he would be anythink, or nothink, to get previsions for his sons, and an inkum for him self.
I phansy that he aloud Halgernon two hunderd a year; and it would have been a very comforable maintenants, only he knever paid him.
Owever, the young gnlmn was a gnlmn, and no mistake: he got his allowents of nothink a year, and spent it in the most honrabble and fashnabble manner. He kep a kab—he went to Holmax—and Crockfud's—he moved in the most xquizzit suckles—and trubbld the law boos very little, I can tell you. Those fashnabble gents have ways of getten money, witch comman pipple doant understand.
Though he only had a therd floar in Pump Cort, he lived as if he had the welth if Cresas. The tenpun notes floo abowt as common as haypince—clarrit and shampang was at his house as vulgar as gin; and verry glad I was, to be sure, to be a valley to a zion of the nobillaty.
Deuceace had, in his sittin-room, a large pictur on a sheet of paper. The names of his family was wrote on it: it was wrote in the shape of a tree, a groin out of a man-in-armer's stomick, and the names were on little plates among the bows. The pictur said that the Deuceaces kem into England in the year 1066, along with William Conqueruns. My master called it his podygree. I do bleev it was because he had this pictur, and because he was the Honrabble Deuceace, that he mannitched to live as he did. If he had been a common man, you'd have said he was no better
