being proscribed, is now in France, with the three batalions of the Duke of Athol, the batalion of the Duke of Perth, and some other troups under his command, in order to support Cluny, and to bring off the artilirie.  But the action was intirely over before the Comte de Nairne, with his command, cou’d reach nigh to the place.  They therefore return’d all to Penrith, and the artilirie marched up in good order.  Nor did the Duke of Comberland ever afterwards dare to come within a day’s march of the Prince and his army dureing the course of all that retreat, which was conducted with great prudence and safety, when in some manner surrounded by enemies.’

NOTE 33.—­THE OATH UPON THE DIRK

As the heathen deities contracted an indelible obligation if they swore by Styx, the Scottish Highlanders had usually some peculiar solemnity attached to an oath which they intended should be binding on them.  Very frequently it consisted in laying their hand, as they swore, on their own drawn dirk; which dagger, becoming a party to the transaction, was invoked to punish any breach of faith.  But, by whatever ritual the oath was sanctioned, the party was extremely desirous to keep secret what the especial oath was, which he considered as irrevocable.  This was a matter of great convenience, as he felt no scruple in breaking his asseveration when made in any other form than that which he accounted as peculiarly solemn; and therefore readily granted any engagement which bound him no longer than he inclined.  Whereas, if the oath which he accounted inviolable was once publicly known, no party with whom he might have occasion to contract, would have rested satisfied with any other.  Louis XI of France practised the same sophistry, for he also had a peculiar species of oath, the only one which he was ever known to respect, and which, therefore, he was very unwilling to pledge.  The only engagement which that wily tyrant accounted binding upon him, was an oath by the Holy Cross of Saint Lo d’Angers, which contained a Portion of the True Cross.  If he prevaricated after taking this oath, Louis believed he should die within the year.  The Constable Saint Paul, being invited to a personal conference with Louis, refused to meet the king unless he would agree to ensure him safe conduct under sanction of this oath.  But, says Comines, the king replied, he would never again pledge that engagement to mortal man, though he was willing to take any other oath which could be devised.  The treaty broke off, therefore, after much chaffering concerning the nature of the vow which Louis was to take.  Such is the difference between the dictates of superstition and those of conscience.

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GLOSSARY

ABIIT, evasit, erupit, EFFUGIT, more correctly the quotation is, ’abiit, excessit, evasit, erupit’:  varying terms to express the haste, secrecy, and energy of the flight.