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This was a thunderbolt for the appellant, whose pleader vainly tried to pick holes in the accounts, but was at last obliged to confess that a mistake had been made. The only course open to him was to sue for mercy. The Collector, however, was inexorable, and indeed he had no power to mitigate the Draconian law of sale.
It was taken for granted, on all sides, that the judges would follow their political predilections and what had Democrats to expect from a bench of Whigs? The counsel for the appellant strained every nerve to secure another postponement. Fortune favored the Democrats.
He came therefore to be in the same situation as the appellant in criminal cases. Champions were only allowed to women, and to men maimed or past the age of sixty.
If the decision were allowed to stand, the Democratic ticket would probably lose some nine thousand votes and consequently the election. The case was at once appealed. Douglas and his old friend and benefactor, Murray McConnell, were retained as counsel for the appellant. The opposing counsel were Whigs.
When two men fight, no one must interfere to part them, neither may a father presume to aid his own son; but he who considers himself injured must appeal to the court of his lord, and whoever shall offer him any violence after this appeal is put to death. He who is appealed against, must go without delay, and the appellant leads him as a prisoner.
And therewith she proffered her gage. And the gage having been delivered to the noble Lord and Knight, Brian de Bois-Guilbert, of the Holy Order of the Temple of Zion, he was appointed to do this battle, in behalf of his Order and himself, as injured and impaired by the practices of the appellant.
The solicitor employed for the appellant, attended by my informant acting as his clerk, went to the Lord Advocate's chambers in the Fishmarket Close, as I think. It was Saturday at noon, the Court was just dismissed, the Lord Advocate had changed his dress and booted himself, and his servant and horses were at the foot of the close to carry him to Arniston.
History is very hard upon romance; History, disdaining courtesy, lifts one veil after another, opens closed doors, reveals long-buried secrets, turns her bull's-eye upon the dark corners, and breaks the old seals. She is very cynical, and will by no means side with this appellant or with that.
The episode of Ascension Day appears like the formal sommation of French law, made as a matter of form before the appellant takes action on his own responsibility; but Baudricourt had probably more to do with it than appears to be at all certain from the after evidence. One of the persons present, at all events, young Poulengy above mentioned, bore it in mind and pondered it in his heart.
"Since my rank makes me arbiter in this most unhappy matter," said Philip of France, "I appoint the fifth day from hence for the decision thereof, by way of combat, according to knightly usage Richard, King of England, to appear by his champion as appellant, and Conrade, Marquis of Montserrat, in his own person, as defendant.
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