M’Quarrie insisted that the Mercheta Mulierum, mentioned in our old charters, did really mean the privilege which a lord of the manor, or a baron, had, to have the first night of all his vassals’ wives. Dr. Johnson said, the belief of such a custom having existed was also held in England, where there is a tenure called Borough English, by which the eldest child does not inherit, from a doubt of his being the son of the tenant[860]. M’Quarrie told us, that still, on the marriage of each of his tenants, a sheep is due to him; for which the composition is fixed at five shillings[861]. I suppose, Ulva is the only place where this custom remains.
Talking of the sale of an estate of an ancient family, which was said to have been purchased much under its value by the confidential lawyer of that family, and it being mentioned that the sale would probably be set aside by a suit in equity, Dr. Johnson said, ’I am very willing that this sale should be set aside, but I doubt much whether the suit will be successful; for the argument for avoiding the sale is founded on vague and indeterminate principles, as that the price was too low, and that there was a great degree of confidence placed by the seller in the person who became the purchaser. Now, how low should a price be? or what degree of confidence should there be to make a bargain be set aside? a bargain, which is a wager of skill between man and man. If, indeed, any fraud can be proved, that will do.’
When Dr. Johnson and I were by ourselves at night, I observed of our host, ‘aspectum generosum habet;’—’et generosum animum’, he added. For fear of being overheard in the small Highland houses, I often talked to him in such Latin as I could speak, and with as much of the English accent as I could assume, so as not to be understood, in case our conversation should be too loud for the space.
We had each an elegant bed in the same room; and here it was that a circumstance occurred, as to which he has been strangely misunderstood. From his description of his chamber, it has erroneously been supposed, that his bed being too short for him, his feet during the night were in the mire; whereas he has only said, that when he undressed, he felt his feet in the mire: that is, the clay-floor of the room, on which he stood upon before he went into bed, was wet, in consequence of the windows being broken, which let in the rain[862].
SUNDAY, OCTOBER 17.
Being informed that there was nothing worthy of observation in Ulva, we took boat, and proceeded to Inchkenneth, where we were introduced by our friend Col to Sir Allan M’Lean, the Chief of his clan, and to two young ladies, his daughters. Inchkenneth is a pretty little island, a mile long, and about half a mile broad, all good land[863].