[Waverley by Sir Walter Scott]@TWC D-Link bookWaverley CHAPTER XLI 8/9
'For,' continued he, 'although it has been justly held in all nations a matter of scandal and dishonour to infringe the SACRAMENTUM MILITARE, and that whether it was taken by each soldier singly, whilk the Romans denominated PER CONJURATIONEM, or by one soldier in name of the rest, yet no one ever doubted that the allegiance so sworn was discharged by the DIMISSIO, or discharging of a soldier, whose case would be as hard as that of colliers, salters, and other ADSCRIPTI GLEBAE, or slaves of the soil, were it to be accounted otherwise.
This is something like the brocard expressed by the learned Sanchez in his work DE JURE-JURANDO, which you have questionless consulted upon this occasion.
As for those who have calumniated you by leasing-making, I protest to Heaven I think they have justly incurred the penalty of the MEMNONIA LEX, also called LEX RHEMNIA, which is prelected upon by Tullius in his oration IN VERREM.
I should have deemed, however, Mr.Waverley, that before destining yourself to any special service in the army of the Prince, ye might have inquired what rank the old Bradwardine held there, and whether he would not have been peculiarly happy to have had your services in the regiment of horse which he is now about to levy.' Edward eluded this reproach by pleading the necessity of giving an immediate answer to the Prince's proposal, and his uncertainty at the moment whether his friend the Baron was with the army, or engaged upon service elsewhere. This punctilio being settled, Waverley made inquiry after Miss Bradwardine, and was informed she had come to Edinburgh with Flora Mac-Ivor, under guard of a party of the Chieftain's men.
This step was indeed necessary, Tully-Veolan having become a very unpleasant, and even dangerous place of residence for an unprotected young lady, on account of its vicinity to the Highlands, and also to one or two large villages, which, from aversion as much to the Caterans as zeal for presbytery, had declared themselves on the side of Government, and formed irregular bodies of partisans, who had frequent skirmishes with the mountaineers, and sometimes attacked the houses of the Jacobite gentry in the braes, or frontier betwixt the mountain and plain. 'I would propose to you,' continued the Baron, 'to walk as far as my quarters in the Luckenbooths, and to admire in your passage the High Street, whilk is, beyond a shadow of dubitation, finer than any street, whether in London or Paris.
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