Thom v. Black. In fact, the Scottish law is in this particular more
jealous of the personal liberty of the subject than any other code in Europe.
 
26 See Mrs. Grant on the Highland Superstitions, vol. ii. p. 260, for this fine
translation from the Gaelic.
 
27 The great battle of Harlaw, here and formerly referred to, might be said to
determine whether the Gaelic or the Saxon race should be predominant in
Scotland. Donald, Lord of the Isles, who had at that period the power of an
independent sovereign, laid claim to the Earldom of Ross during the Regency of
Robert, Duke of Albany. To enforce his supposed right, he ravaged the north with
a large army of Highlanders and Islesmen. He was encountered at Harlaw, in the
Garioch, by Alexander, Earl of Mar, at the head of the northern nobility and
gentry of Saxon and Norman descent. The battle was bloody and indecisive; but
the invader was obliged to retire in consequence of the loss he sustained, and
afterwards was compelled to make submission to the Regent, and renounce his
pretensions to Ross; so that all the advantages of the field were gained by the
Saxons. The battle of Harlaw was fought 24th July 1411.
 
28 The concluding circumstance of Elspeth's death is taken from an incident said
to have happened at the funeral of John, Duke of Roxburghe. All who were
acquainted with that accomplished nobleman must remember that he was not more
remarkable for creating and possessing a most curious and splendid library, than
for his acquaintance with the literary treasures it contained. In arranging his
books, fetching and replacing the volumes which he wanted, and carrying on all
the necessary intercourse which a man of letters holds with his library, it was
the Duke's custom to employ, not a secretary or librarian, but a livery servant,
called Archie, whom habit had made so perfectly acquainted with the library,
that he knew every book, as a shepherd does the individuals of his flock, by
what is called head-mark, and could bring his master whatever volume he wanted,
and afford all the mechanical aid the Duke required in his literary researches.
To secure the attendance of Archie, there was a bell hung in his room, which was
used on no occasion except to call him individually to the Duke's study.
His Grace died in Saint James's Square, London, in the year 1804; the body was
to be conveyed to Scotland, to lie in state at his mansion of Fleurs, and to be
removed from thence to the family burial-