■ to <^£$% Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924075867014 3 1924 075 867 014 THE HEART OF MID-LOTHIAN. SIR WALTER SCOTT, Bart. ^iS'^a^^-Si^A^^^zM^S^^A THE HEART OF MID-LOTHIAN BY SIR WALTEE SCOTT, Bart. WITH STEEL PLATES FROM DESIGNS BY GEORGE CRUIKSHANK AND OTHER ARTISTS LONDON and NEW YORK GEORGE ROUTLEDGE & SONS 187s LONDON : BRADBURY, AGNEW, & CO., PRINTERS, WHITEFRIARS. THE HEART OF MID-LOTHIAN. Hear, Land o' Cakes and brither Scots, Frae Maidenkirk to Johnny Groats' If there's a hole in a' your coats, I rede ye tent it ; A chiel's amang you takin notes, An' faith he'll prent it ! — BURNS. INTRODUCTION. The author has stated, in the preface to the Chronicles of the Canongate, 1827, that he received from an anonymous corre- spondent an account of the incident upon which the following story is founded. He is now at liberty to say, that the information was conveyed to him by a late amiable and ingenious lady, whose wit and power of remarking and judging of character still survive in the memory of her friends. Her maiden name was Miss Helen Lawson, of Girthhead, and she was wife of Thomas Goldie, Esq., of Craigmuie, Commissary of Dumfries. Her communication was in these words : " I had taken for summer lodgings a cottage near the old Abbey of Lincluden. It had formerly been inhabited by a lady who had pleasure in embellishing cottages, which she found perhaps homely and even poor enough ; mine, therefore, possessed many marks of taste and elegance unusual in this species of habitation in Scot- land, where a cottage is literally what its name declares. " From my cottage door I had a partial view of the old Abbey before mentioned ; some of the highest arches were seen over, and some through the trees scattered along a lane which led down to the ruin, and the strange fantastic shapes of almost all those old ashe's accorded wonderfully well with the building they at once shaded and ornamented. " The Abbey itself from my door was almost on a level with the cottage ; but on coming to the end of the lane, it was discovered to be situated on a high perpendicular bank, at the foot of which run the clear waters of the Cluden, where they hasten to join the sweeping Nith, ' Whose distant roaring swells and' fa's.' As my kitchen and parlour were not very far . distant, I one day 6 INTRODUCTION TO went in to purchase some chickens from a person I heard offering them for sale. It was a little, rather stout-looking woman, who seemed to be between seventy and eighty years of age ; she was almost covered with a tartan plaid, and her cap had over it a black silk hood, tied under the chin, a piece of dress still much in use among elderly women of that rank of life in Scotland ; her eyes were dark, and remarkably lively and intelligent ; I entered into conversation with her, and began by asking how she maintained herself, &c. "She' said that in winter she footed stockings, that is, knit feet to country people's' stockings, which bears about the same relation to stocking-knitting that cobbling does to shoe-making, and is of course both less" profitable and less dignified ; she likewise taught a. few children to read, and in summer she whiles reared a few chickens. ' " I said I could venture to guess from her face she had never been married. She laughed heartily at this, and said, ' I maun hae the queerest face that ever was x seen, that ye could guess that. Now, do tell me, madam, how ye cam to think sae ?' I told her it was from her cheerful disengaged countenance. She said, ' Mem, have ye na far mair reason to be happy than me, wi' a gude hus- band and a fine family o' bairns, and plenty o' every thing? for me, I'm the puirest o' a' puir bodies, and can hardly contrive to keep mysel alive in a' the wee bits o' ways I hae tell't ye.' After some more conversation, during which I was more and more pleased with the old woman's sensible conversation, and the naivete of her remarks, she rose to go away, when I asked her name. Her coun- tenance suddenly clouded, and she said gravely, rather colouring, ' My name is Helen Walker, but your husband kens weel about me.' " In the evening I related how much I had been pleased, and in- quired what was extraordinary in the history of the poor woman. Mr. Goldie said, there were perhaps few more remarkable people than Helen Walker. She had been left an orphan, with the charge of a sister considerably younger than herself, and who was edu- cated and maintained by her exertions. Attached to her by so many ties, therefore, it will not be easy to conceive her feelings, when she found that this only sister must be tried by the laws of her country for child-murder, and upon being called as principal witness against her. The counsel for the prisoner told Helen, that if she could declare that her sister had made any preparations, however slight, or had given her any intimation on the subject, that such a statement would save her sister's life, as she was the principal witness against her. Helen said, ' It is impossible for me to swear to a falsehood ; and, whatever may be the consequence, I will give my oath according to my conscience.' " The trial came on, and the sister was found guilty and con- demned ; but, in Scotland, six weeks must elapse between the sen- tence and the execution, and Helen Walker availed herself of it. The very day of her sister's condemnation, she got a petition drawn, stating the peculiar circumstances of the case, and that very night set out on foot to London. THE HEART OF MID-LOTHIAN. 7 " Without introduction or recommendation, with her simple (perhaps ill-expressed) petition, drawn up by some inferior clerk of the court, she presented herself, in her tartan plaid and country attire, to the late Duke of Argyle, who immediately procured the pardon she petitioned for, and Helen returned with it on foot, just in time to save her sister. " I was so strongly interested by this narrative, that I determined immediately to prosecute my acquaintance with Helen Walker; but as I was to leave the country next day, I was obliged to defer it till my return in spring, when the first walk I took was to Helen Walker's cottage. " She had died a short time before. My regret was extreme, and I endeavoured to obtain some account of Helen from an old woman who inhabited the other end of her cottage. I inquired if Helen ever spoke of her past history, her journey to London, &c. ' Na,' the old woman said, ' Helen was a wily body, and whene'er ony o' the neebors asked ony thing about it, she aye turned the con- versation.' " In short, every answer I received only tended to increase my regret, and raise my opinion of Helen Walker, who could unite so much prudence with so much heroic virtue." This narrative was enclosed in the following letter to the author, without date or signature : — " SIR, — The occurrence just related happened to me twenty-six years ago. Helen Walker lies buried in the churchyard of Iron- gray, about six miles from Dumfries. I once proposed that a small monument should have been erected to commemorate so remark- able a character, but I now prefer leaving it to you to perpetuate her memory in a more durable manner." The reader is now able to judge how far the author has improved upon, or fallen short of, the pleasing arid interesting sketch of high principle and steady affection displayed by Helen Walker, the pro- totype of the fictitious Jeanie Deans. Mrs. Goldie was unfortu- nately dead before the author had given his name to these volumes, so he lost all opportunity of thanking that lady for her highly valu- able communication. But her daughter, Miss Goldie, obliged him with the following additional information. " Mrs. Goldie endeavoured to collect further particulars of Helen Walker, particularly concerning her journey to London, but found this nearly impossible ; as the natural dignity of her character, and a high sense of family respectability, made her so indissolubly connect her sister's, disgrace with her own exertions, that none of her neighbours durst ever question her upon the subject. One old woman, a distant relation of Helen's, and. who is still living, says she worked an harvest with her, but that she never ventured to ask her about her sister's trial, or her journey to London ; ' Helen, she added, ' was a lofty body, and used a high style o' language.' The same old woman says, that every year Helen received a cheese from her sister, who lived at Whitehaven, and that she always sent 8 INTRODUCTION TO a liberal portion of it to herself, or to her father's family. This fact, though trivial in itself, strongly marks the affection subsisting between the two sisters, and the complete conviction on the mind of the criminal, that her sister had acted solely from high prin- ciple, not from any want of feeling, which another small but cha- racteristic trait will further illustrate. A gentleman, a relation of Mrs. Goldie's, who happened to be travelling in the North of Eng- land, on coming to a small inn, was shewn into the parlour by a female servant, who, after cautiously shutting the door, said, ' Sir, I'm Nelly Walker's sister.' Thus practically shewing that she con- sidered her sister as better known by her high conduet, than even herself by a different kind of celebrity. " Mrs. Goldie was extremely anxious to have a tombstone and an inscription upon it, erected in Irongray churchyard ; and if Sir Walter Scott will condescend to write the last, a little subscription could be easily raised in the immediate neighbourhood, and Mrs. Goldie's wish be thus fulfilled." It is scarcely necessary to add, that the request of Miss Goldie will be most willingly complied with, and without the necessity of any tax on the public. Nor is there much occasion to repeat how much the author conceives himself obliged to his unknown corre- spondent, who thus supplied him with a theme affording such a pleasing view of the moral dignity of virtue, though unaided by birth, beauty, or talent. If the picture has suffered in the execu- tion, it is from the failure of the author's powers to present in detail the same simple and striking portrait exhibited in Mrs. Goldie's letter. Abbotsford, \ April i, 1830. ) POSTSCRIPT. Although it would be impossible to add much to Mrs. Goldie's picturesque and most interesting account of Helen Walker, the pro- totype of the imaginary Jeanie Deans, the Editor may be pardoned for introducing two or three anecdotes respecting that excellent person, which he has collected from a volume entitled, " Sketches from Nature, by John M'Diarmid," a gentleman who conducts an able provincial paper in the town of Dumfries. Helen was the daughter of a small farmer in a place called Dal- whairn, in the parish of Irongray ; where, after the death of her father, she continued, with the unassuming piety of a Scottish pea- sant, to support her mother by her own unremitted labour and pri- vations ; a case so common that even yet, I am proud to say, few of my countrywomen would shrink from the duty. Helen Walker was held among her equals pensy, that is, proud or conceited ; but the facts brought to prove this accusation seem only to evince a strength of character superior to those around her. Thus it was remarked, that when it thundered she went with her THE HEART OF MID-LOTHIAN. 9 work and her Bible to the front of the cottage, alleging that the Almighty could smite in the city as well as in the field. Mr. M'Diarmid mentions more particularly the misfortune of her sister, which he supposes to have taken place previous to 1736. Helen Walker, declining every proposal of saving her relation's life at the expense of truth, borrowed a sum of money sufficient for her journey, walked the whole distance to London barefoot, and made her way to John Duke of Argyle. She was heard to say that, by the Almighty's strength, she had been enabled to meet the Duke at the most critical moment, which, if lost, would have caused the inevitable forfeiture of her sister's life. Isabella, or Tibby Walker, saved from the fate which impended over her, was married by the person who had wronged her, (named Waugh,) and lived happily for great part of a century, uniformly acknowledging the extraordinary affection to which she owed her preservation. Helen Walker died about the end of the year 1791, and her remains are interred in the churchyard of her native parish of Iron- gray, in a romantic cemetery on the banks of the Cairn. That a character so distinguished for her undaunted love of virtue, lived and died in poverty, if not want, serves only to shew us how insig- nificant, in the sight of Heaven, are our principal objects of ambi- tion upon earth. TO THE BEST OF PATRONS, A PLEASED AND INDULGENT READER, JEDEDIAH CLEISHBOTHAM WISHES HEALTH, AND INCREASE, AND CONTENTMENT. Courteous Reader, If ingratitude comprehendeth every vice, surely so foul a stain worst of all beseemeth him whose life has been devoted to instruct- ing youth in virtue and in humane letters. Therefore have I chosen,, in this prolegomenon, to unload my burden of thanks at thy feet, for the favour with which thou hast kindly entertained the Tales of my Landlord. Certes, if thou hast chuckled over their facetious and festivous descriptions, or hadst thy mind filled with pleasure at the strange and pleasant turns of fortune which they record, verily, I have also simpered when I beheld a second story with attics, that has arisen on the basis of my small domicile at Gandercleugh, the walls having been aforehand pronounced by Deacon Barrow to be capable of enduring such an elevation. Nor has it been without delectation, that I have endued a new coat, (snuff-brown, and with metal buttons,) having all nether garments corresponding thereto. We do therefore lie, in respect of each other, under a reciprocation to INTRODUCTION TO of benefits, whereof those received by me being the most solid, (in respect that a new house and a new coat are better than a new tale and an auld song,) it is meet that my gratitude should be ex- pressed with the louder voice and more preponderating vehemence. And how should it be so expressed '—Certainly not in words only, but in act and deed. It is with this sole purpose, and dis- claiming all intention of purchasing that pendicle or pottle of land called the Carlinescroft, lying adjacent to my garden, and measur- ing seven acres, three roods, and fourperches,that I have committed to the eyes of those who thought well of the former tomes, these four additional volumes of the Tales of my Landlord. Not the less, if Peter Prayfort be minded to sell the said poffle, it is at his own choice to say so ; and, peradventure, he may meet with a pur- chaser : unless (gentle reader) the pleasing pourtraictures of Peter Pattieson, now given unto thee in- particular, and unto the public in general, shall have lost their favour in thine eyes, whereof I am no way distrustful. And so much confidence do I repose in thy continued favour, that, should thy lawful occasions call thee _ to the town of Gandercleugh, a place frequented by most at one time or other in their lives, I will enrich thine eyes with a sight of those precious manuscripts whence thou hast derived so much delecta- tion, thy nose with a snuff from my mull, and thy palate with a dram from my bottle of strong waters, called, by the learned of Gandercleugh, the Dominie's Dribble o' Drink. It is there, O highly esteemed and beloved reader, thou wilt be able to bear testimony, through the medium of thine own senses, against the children of vanity, who have sought to identify thy friend and servant with I know not what inditer of vain fables ; who hath cumbered the world with his devices, but shrunken from the responsibility thereof. Truly, this hath been well termed a genera- tion hard ot faith ; since what can a man do to assert his property in a printed tome, saving to put his name in the title-page thereof, with his description, or designation, as the lawyers term it, and place of abode ? Of a surety. I would have such sceptics consider how they themselves would brook to have their works ascribed to others, their names and professions imputed as forgeries, and their very existence brought into question ; even although, peradven- ture, it may be it is of little consequence to any but themselves, not only whether they are living or dead, but even whether they ever lived or no. Yet have my maligners carried their uncharitable censures still farther. These cavillers have not only doubted mine identity, although thus plainly proved, but they have impeached my veracity and the authenticity of my historical narratives ! Verily I can only say in answer, that I have been cautelous in quoting mine authorities. It is true, indeed, that if I had hearkened with only one ear, I might have rehearsed my tale with more acceptation from those who love to hear but half the truth. It is, it may hap, not altogether to the discredit of our kindly nation of Scotland, that we are apt to take an interest, warm, yea partial, in the deeds and sentiments of our forefathers. He whom his adversaries described as a perjured THE HEART OF MID-LOTHIAN. II Prelatist,is desirous that his predecessors should be held moderate in their power, and just in their execution of its privileges, when, truly, the unimpassioned peruser of the annals of those times shall deem them sanguinary, violent, and tyrannical. Again, the repre- sentatives of the suffering Nonconformists desire that their ances- tors, the Cameronians, shall be represented not simply as honest enthusiasts, oppressed for conscience-sake, but persons of fine breeding, and valiant heroes. Truly the historian cannot gratify these predilections. He needs mustdescribe th'e cavaliers as proud and high-spirited, cruel, remorseless, and vindictive ; the suffering party as honourably tenacious of their opinions under persecution ; < their own tempers being, however, sullen, fierce, and rude ; their opinions absurd and extravagant ; and their whole course of con- duct that of persons whom hellebore would better have suited than prosecutions unto death for high-treason. Nathless, while such and so preposterous were the opinions on either side, there were, it cannot be doubted, men of virtue and worth on both, to entitle either party to claim merit from its martyrs. It has been demanded of me, Jedediah Cleishbotham, by what right I am entitled to con- stitute myself an impartial judge of their discrepancies of opinions, seeing (as it is stated) that I must necessarily have descended from one or other of the contending parties, and be, of course, wedded for better or for worse, according to the reasonable practice of Scotland, to its dogmata, or opinions, and bound, as it were, by the tie matrimonial, or, to speak without metaphor, ex jure sanguinis, to maintain them in preference to all others. But, nothing denying the rationality of the rule, which calls on all now living to rule their political and religious opinions by those of their great grandfathers, and inevitable as seems the one or the other horn of the dilemma betwixt which my adversaries conceive they have pirihed me to the wall, I yet spy some means of refuge, and claim a privilege to write and speak of both parties with im- partiality. For, O ye powers of logic ! when the Prelatists and Presbyterians of old times went together by the ears in this unlucky country, my ancestor (venerated be his memory !) was one of the people called Quakers, and suffered severe handling from either side, even to the extenuation of his purse and the incarceration of his person. Craving thy pardon, gentle Reader, for these few words con- cerning me and mine, I rest, as above expressed, thy sure and obligated friend.* Gandercleugh, ) J. C. this ist of April, 1818. ) * It is an old proverb, that "many a true word is spoken in jest." The ex- istence of Walter Scott, third son of Sir William Scott of Harden, is instructed, as it is called, by a charterunderthe great seal, Domino Willielmo Scott de Harden Militi, et Waltero Scott suo filio legitimo tertio genito, terrarum de Roberton (Douglas's Baronage, p. 215). The munificent old gentleman left all his four sons considerable estates, and settled those of Eilrig and Raeburn, together with valuable possessions around Lessudden, upon Walter, his third son, who is ancestor of the Scotts of Raeburn, and of the Author of Waverley. He appears to have become a convert to the doctrine of the Quakers, or Friends, and a 12 INTRODUCTION TO great assertor of their peculiar tenets. This was probably at the time when George Fox, the celebrated apostle of the sect, made an expedition into the south of Scotland about 1657, on which occasion he boasts, that " as he first set his horse's feet upon Scottish ground, he felt the seed of grace to sparkle about him like innumerable sparks of fire." Upon the same occasion, probably, Sir Gideon Scott of Highchester, second son of Sir William, immediate elder brother of Walter, and ancestor of the author's friend and kinsman, the present representative of the family of Harden, also embraced the tenets of Quakerism. This last convert, Gideon, entered into a controversy with the Rev. James Kirk- ton, author of the Secret and True History of the Church of Scotland, which is noticed by my ingenious friend Mr. Charles Kirkpatricke Sharpe, in his valuable and curious edition of that work, 4to, 1817. Sir William Scott, eldest of the brothers, remained, amid the defection of his two younger brethren, an ortho- dox member of the Presbyterian Church, and used such means for reclaiming Walter of Raeburn from his heresy, as savoured far more of persecution than persuasion. In this he was assisted by MacDougal of Makerston, brother to Isabella MacDougal, the wife of the said Walter, and who, like her husband, had conformed to the Quaker tenets. The interest possessed by Sir William Scott and Makerston was powerful enough to procure the two following acts of the Privy Council of Scotland, directed against Walter of Raeburn as an heretic and convert to Quakerism, appointing him to be imprisoned first in Edinburgh jail, and then in that of Jed- burgh ; and his children to be taken by force from the society and direction of their parents, and educated at a distance from them, besides the assignment of a sum for their maintenance, sufficient in those times to be burdensome to a moderate Scottish estate. "Apud Edin. vigesimo Junii 1665. ' ' The Lords of his Magesty's Privy Council having receaved information that Scott of Raeburn and Isobel Mackdougall, his wife, being infected with the error of Quakerism, doe endeavour to breid and traine up William, Walter, and Isobel Scotts, their children, in the same profession, doe therefore give order and command to Sir William Scott of Harden, the said Raeburn's brother, to seperat and take away the saids children from the custody'and society of the saids parents, and to cause educat and bring them up in his owne house, or any other convenient place, and ordaines letters to be direct at the said Sir Wil- liam's instance against Raeburn, for a maintenance to the saids children, and that the said Sir Wm. give ane account of his diligence with all conveniency," "Edinburgh, 5th July, 1666. " Anent a petition presented be Sir Wm. Scott of Harden, for himself and in name and behalf of the three children of Walter Scott of Raeburn, his brother, showing that the Lords of Councill, by ane act of the 22d day of Junii, 1665, did grant power and warrand to the petitioner, to separat and take away Raeburn's children, from his family and education, and to breed them in some convenient place, where they might be free from all infection in their younger years, from the principalis of Quakerism, and, for maintenance of the saids children, did ordain letters to be direct against Raeburn ; and, seeing the Petitioner, in obedience to the said order, did take away the saids children, being two sonnes and a daughter, and after some paines taken upon them in his owne family, hes sent them to the city of Glasgow, to be bread at schooles, and there to be principled with the knowledge of the true religion, and that it is necessary the Councill determine what shall be the maintenance for which Raeburn's three children may be charged, as likewise that Raeburn himself, being now in the Tolbooth of Edinburgh, where he dayley converses with all the Quakers who are prisoners there, and others who daily resort to them, whereby he is hardened in his pernitious opinions and principles, without all hope of recovery, unlesse he be separat from such pernitious company, humbly therefore, desyring that the Councell might determine upon the soume of money to be payed be Rae- burn, for the education of his children, to the petitioner, who will be countable therefor ; and that, in order to his conversion, the place of his imprisonment may be changed. The Lords of his Maj. Privy Councell having at length heard THE HEART OF MID-LOTHIAN. 13 and considered the foresaid petition, doe modifie the soume of two thousand pounds Scots, to be payed yearly at the terme of Whitsunday bethe said Walter Scott of Raeburn, furth of his estate to the petitioner, for the entertainment and education of the said children, beginning the first termes payment thereof at Whitsunday last for the half year preceding, and so furth yearly, at the said terme of Whitsunday in tym comeing till furder orders ; and ordaines the said Walter Scott of Raeburn to be transported from the tolbooth of Edinburgh to the prison of Jedburgh, where his friends and others may have occasion to con- vert him. And to the effect he may be secured from the practice of other Quakers, the said Lords doe hereby discharge the magistrate? of Jedburgh to suffer any persons suspect of these principles to have access to him ; and in case any contraveen, that they secure ther persons till they be therfore puneist ; and ordaines letters to be direct heirupon in form, as effeirs." Both the sons, thus harshly separated from their father, proved good scholars. The eldest, William, who carried on the line of Raeburn, was, like his father, a deep Orientalist ; the younger, Walter, became a good classical scholar, a great friend and correspondent of the celebrated Dr. Pitcairn, and a Jacobite so dis- tinguished for zeal, that he made a vow never to shave his beard till the resto- ration of the exiled family. This last Walter Scott was the author's great- grandfather. There is yet another link betwixt the author and the simple-minded and ex- cellent Society of Friends, though a proselyte of much more importance than Walter Scott of Raeburn. The celebrated John Swinton of Swinton, xixth baron in descent of that ancient and once powerful family, was, with Sir Wil- liam Lockhart of Lee, the person whom Cromwell chiefly trusted in the manage- ment of the Scottish affairs during his usurpation. After the Restoration Swinton was devoted as a victim to the new order of things, and was brought down in the same vessel which conveyed the Marquis of Argyle to Edinburgh, where that nobleman was tried and executed. Swinton was destined to the same fate. He had assumed the habit, and entered into the Society of the Quakers, and appeared as one of their number before the Parliament of Scot- land. He renounced all legal defence, though several pleas were open to him, and answered in conformity to the principles of his sect, that at the time these crimes were imputed to him, he was in the gall of bitterness and bond of iniquity ; but that God Almighty having since called him to the light, he saw and acknowledged these errors, and did not refuse to pay the forfeit of them, even though, in the judgment of the Parliament, it should extend to life itself. Respect to fallen greatness, and to the patience and calm resignation with which a man once in high power expressed himself under such a change of fortune, found Swinton friends ;, family connections, and some interested consi- derations of Middleton the Commissioner, joined to procure his safety, and he was dismissed, but after a long imprisonment, and much dilapidation of his estates. It is said, that Swinton's admonitions, while confined in the Castle of Edinburgh, had a considerable share in converting to the tenets of the Friends Colonel David Barclay, then lying there in garrison. This was the father of Robert Barclay, author of the celebrated Apology for the Quakers. It may be observed amongthe inconsistencies of human nature, that Kirkton.Wodrow, and other Presbyterian authors, who have detailed the sufferings of their own sect for non-conformity with the established church, censure the government of the time for not exerting the civil power against the peaceful enthusiasts we have treated of, and some express particular chagrin at the escape of Swinton. Whatever might be his motives for assuming the tenets of the Friends, the old man retained them faithfully till the close of his life. Jean Swinton, grand-daughter of Sir John Swinton, son of Judge Swinton, as the Quaker was usually termed, was mother of Anne Rutherford, the author's mother. And thus, as in the play of the Anti-Jacobin, the ghost of the author's grand- mother having arisen to speak the Epilogue, it is full time to conclude, lest the reader should remonstrate that his desire to know the Author of Waverley never included a wish to be acquainted with his whole ancestry. THE HEART OF MID-LOTHIAN. CHAPTER I. BEING INTRODUCTORY. So down thy hill, romantic Ashbourn, glides The Derby dilly, carrying six insides.— FRERE. The times have changed in nothing more (we follow as we were wont the manuscript of Peter Pattieson) than in the rapid convey- ance of intelligence and communication betwixt one part of Scotland and another. It is not above twenty or thirty years, according to the evidence of many credible witnesses now alive, since a little miserable horse-cart, performing with difficulty a journey of thirty miles per diem, carried our mails from the capital of Scotland to its extremity. Nor was Scotland much more deficient in these accommodations, than our rich sister had been about eighty years before. Fielding, in his Tom Jones, and Farquhar, in a little farce called the Stage-Coach, have ridiculed the slowness of these vehicles of public accommodation. According to the latter autho- rity, the highest bribe could only induce the coachman to promise to anticipate by half an hour the usual time of his arrival at the Bull and Mouth. But in both countries these ancient, slow, and sure modes of conveyance, are now alike unknown ; mail-coach races against mail-coach, and high-flyer against high-flyer, through the most remote districts of Britain. And in our village alone, three post- coaches, and four coaches with men armed, and in scarlet cassocks, thunder through the streets each day, and rival in brilliancy and noise the invention of the celebrated tyrant : — Demens, qui nimbos et non imitabile fulmen, JEre et cornifiedum pulsu, simularat, equotum. Now and then, to complete the resemblance, and to correct the presumption of the venturous charioteers, it does happen that the career of these dashing rivals of Salmoneus meets' with as undesir- able and violent a termination as that of their prototype. It is on such occasions that the Insides and Outsides, to use the appropriate vehicular phrases, have reason to rue the exchange of the slow and safe motion of the ancient Fly-coaches, which, compared with the chariots of Mr. Palmer, so ill deserve the name. The ancient THE HEART OF MID-LOTHIAN. IS vehicle used to settle quietly down, like a ship scuttled and left to sink by the gradual influx of the waters, while the modern is smashed to pieces with the velocity of the same vessel hurled against breakers, or rather with the fury of a bomb bursting at the conclusion of its career through the air. The late ingenious Mr. Pennant, whose humour it was to set his face in stern opposition to these speedy conveyances, had collected, I have heard, a formidable list of such casualties, which, joined to the imposition of innkeepers, whose charges the passengers had no time to dispute, the sauciness of the coachman, and the uncontrolled and despotic authority of the tyrant called the guard, held forth a picture of horror, to which murder, theft, fraud, and peculation, lent all their dark colouring. But that which gratifies the impatience of the human disposition will be practised in the teeth of danger, and in defiance of admoni- tion ; and, in despite of the Cambrian antiquary, mail-coaches not only roll their thunders r6und the base of Penman-Maur and Cader-Edris, but Frighted' Skiddaw hears afar the rattling of the unscythed car. And perhaps the echoes of Ben Nevis may soon be awakened by the bugle, not of a warlike chieftain, but of the guard of a mail- coach. It was a fine summer day, and our little school had obtained a half holiday, by the intercession of a. good-humoured visitor.* I expected by the coach a new number of an interesting periodical publication, and walked forward on the highway to meet it, with the impatience which Cowper has described as actuating the resident in the country when longing for intelligence from the mart of news : " The grand debate, The popular harangue, — the tart reply, — The logic, and the wisdom, and the wit, And the loud laugh, — I long to know them all ;— I burn to set the imprison'd wranglers free, And give them voice and utterance again." It was with such feelings that I eyed the approach of the new coach, lately established on our road, and known by the name of the Somerset, which, to say truth, possesses some interest for me, even when it conveys no such important information. The distant tremulous sound of its wheels was heard just as I gained the summit of the gentle ascent, called the Goslin-brae, from which you command an extensive view down the valley of the river Gander. The public road, which comes up the side of that stream, and crosses it at a bridge about a quarter of a mile from the place where I was standing, runs partly through enclosures and planta- tions, and partly through open pasture land. It is a childish amusement perhaps, — but my life has been spent with children, and why should not my pleasures be like theirs ? — childish as it is then, I must own I have had great pleasure in watching the ap- proach of the carriage, where the openings of the rpad permit it to e6 THE HEART OF MID-LOTHIAN. be seen. The gay glancing of the equipage, its diminished and toy-like appearance at a distance, contrasted with the rapidity of its motion, its appearance and disappearance at intervals, and the progressively increasing sounds, that announce its nearer approach, have all to the idle and listless spectator, who has nothing more important to attend to, something of awakening interest. The ridicule may attach to me, which is flung upon many an honest citizen, who watches from the window of his villa the passage of the stage-coach ; but it is a very natural source of amusement not- withstanding, and many of those who join in the laugh are perhaps not unused to resort to it in secret. On the present occasion, however, fate had decreed that I should not enjoy the consummation of the amusement by seeing the coach rattle past me as I sat on the turf, and hearing the hoarse grating voice of the guard as he skimmed forth for my grasp the expected packet, without the carriage checking its course for an instant. I had seen the vehicle thunder down the hill that leads to' the bridge with more than its usual impetuosity, glittering all the while by- flashes from a cloudy tabernacle of the dust which it had raised, and leaving a train behind it on the road resembling a wreath of summer mist. But it did not appear on the top of the nearer bank within the usual space of three minutes, which frequent observation had enabled me to ascertain was the medium time for crossing the bridge and mounting the ascent. When double that space had elapsed, I became alarmed, and walked hastily forward. As I came in sight of the bridge, the cause of delay was too manifest, for the Somerset had made a summerset in good earnest, and overturned so completely, that it was literally resting upon the ground, with the roof undermost, and the four wheels in the air. The " exertions of the guard and coachman," both of whom were gratefully commemorated in the newspapers, having succeeded in disentangling the horses by cutting the harness, were now proceed- ing to extricate the insides by a sort of summary and Csesarean process of delivery, forcing the hinges from one of the doors which they could not open otherwise, In this manner were two discon- solate damsels set at liberty from the womb of the leathern conve- nience As they immediately began to settle their clothes, which were a little deranged, as may be presumed, I concluded they had received no injury, and did not venture to obtrude my services at their toilette, for which, I understand, I have since been reflected upon by the fair sufferers. The outsides, who must have been discharged from their elevated situation by a shock resembling the springing of a mine, escaped, nevertheless, with the usual allowance of scratches and bruises, excepting three, who, having been pitched into the river Gander, were dimly seen contending with the tide, like the relics of ^Eneas's shipwreck, — Rari a-pparent nantes in gurgite vasto. I applied my poor exertions where they seemed to be most needed, and with the assistance of one or two of the company who had escaped unhurt, easily succeeded in fishing out two of the THE HEART OF MID-LOTHIAN. 17 unfortunate passengers, who were stout active young fellows ; and, but for the preposterous length of their great-coats, and the equally fashionable latitude and longitude of their Wellington trousers, would have required little assistance from any one. The third was sickly and elderly, and might have perished but for the efforts used to preserve him. When the two great-coated gentlemen had extricated themselves from the river, and shaken their ears like huge water-dogs, a violent altercation ensued betwixt them and the coachman and guard, concerning the cause of their overthrow. In the course of the squabble, I observed that both my new acquaintances belonged to the law, and that their professional sharpness was likely to prove an overmatch for the surly and official tone of the guardians of the vehicle. The dispute ended in the guard assuring the passengers that they should have seats in a heavy coach which would pass that spot in less than half an hour, provided it were not full. Chance seemed to favour this arrangement, for when the expected vehicle arrived, there were only two places occupied in a carriage which professed to carry six. The two ladies who had been disinterred out of the fallen vehicle were readily admitted, but positive objec- tions were stated by those previously in possession to the admit- tance of the two lawyers, whose wetted garments being much of the nature of well-soaked sponges, there was every reason to believe they would refund a considerable part of the water they had collected, to the inconvenience of their fellow-passengers. On the other hand, the lawyers rejected a seat on the roof, alleging that they had only taken that station for pleasure for one stage, but were entitled in all respects to free egress and regress from the interior, to which their contract positively referred. After some altercation, in which something was said upon the edict Natitce caupones stabularii, the coach went off, leaving the learned gentle- men to abide by their action of damages. They immediately applied to me to guide them to the next village and the best inn ; and from the account I gave them of the Wallace-Head, declared they were much better pleased to stop there than to go forward upon the terms of that impudent scoundrel the guard of the Somerset. All that they now wanted was a lad to carry their travelling bags, who was easily procured from an ad- joining cottage ; and they prepared to walk forward, when they found there was another passenger in the same deserted situation with themselves. This was the elderly and sickly looking person, who had been precipitated into the river along with the two young- lawyers. He, it seems, had been too modest to push his own plea against the coachman when he saw that of his betters rejected, and now remained behind, with a look of timid anxiety, plainly intimat- ing that he was deficient in those means of recommendation which are necessary passports to the hospitality of an inn. I ventured to call the attention of the two dashing young blades, for such they seemed, to the desolate, qondition of their fellow- traveller. They took the hint with ready good-nature. "O, true, Mr. Dunover," said one of the youngsters, " you must B 18 THE HEART OF MID-LOTHIAN. not remain on the pave" here ; you must go and have some dinner with us — Hallrit and I must have a post-chaise to go on, at all events, and we will set you down wherever suits you best." The poor man, for such his dress, as well as his diffidence, be- spoke him, made the sort of acknowledging bow by which says a Scotsman, " It's too much honour for the like of me ; " and followed humbly behind his gay patrons, all three besprinkling the dusty road as they walked along with the moisture of their drenched garments, and exhibiting the singular and somewhat ridiculous appearance of three persons suffering from the opposite extreme of humidity,' while the summer sun was at its height, and every thing else around them had the expression of heat and drought. The ridicule did not escape the young gentlemen themselves, and they had" made what might be received as one or two tolerable jests on the subject before they had advanced far on their peregri- nation. " We cannot complain, like Cowley," said one of them, " that Gideon's fleece remains dry, while all around is moist ; this is the reverse of the miracle." " We ought to be received with gratitude in this good town ; we bring a supply of what they seem to need most," said Halkit. " And distribute it with unparalleled generosity," replied his com- panion ; " performing the part of three water-carts for the benefit of their dusty roads." " We come before them, too," said Halkit, " in full professional force — counsel and agent — " " And client," said the young advocate, looking behind him. And then added, lowering his voice, " that looks as if he had kept such dangerous company too long." It was, indeed, too true, that the humble follower of the gay young men had the threadbare appearance of a worn-out litigant, and 1 could not but smile at the conceit, though anxious to conceal my mirth from the object of it. When we arrived at the Wallace Inn, the elder of the Edinburgh gentlemen, and whom I understood to be a barrister, insisted that I should remain and take part of their dinner ; and their inquiries and demands speedily put my landlord and his whole family in motion to produce the best cheer which the larder and cellar afforded, and proceed to cook it to the best advantage — a science in which our entertainers seemed to be admirably skilled. In other respects they were lively young men, in the hey-day of youth and good spirits, playing the part which is common to the higher classes of the law at Edinburgh, and which nearly resembles that of the young Templars in the days of Steele and Addison. An air of giddy gaiety mingled with. the good sense, taste, and information which their conversation exhibited ; and it seemed to be their object "to unite the character of men of fashion and lovers of the polite arts. A fine gentleman, bred up in the thorough idleness and inanity of pursuit, which I understand is absolutely necessary to the character in perfection, might in all probability have traced a tinge of professional pedantry which marked the barrister in spite THE HEART OF MID-LOTHIAN. 19 « - of his efforts, and something of active bustle in his companion, and would certainly have detected more than a fashionable mixture of information and animated interest in the language of both. But, to me, who had no pretensions to be so critical, my companions seemed to form a very happy mixture of good-breeding and liberal" information, with a disposition to lively rattle, pun, and jest; amusing to a grave man, because it is what he himself can leas( easily command. The thin pale-faced man, whom their good-nature had brought into their society, looked out of place as well as out of spirits ; sate on the edge of his seat, and kept the chair at two feet distance from the table ; thus incommoding himself considerably in conveying the victuals to his mouth, as if by way of penance for partaking of them in the company of his superiors. A short time after dinner, de- clining all entreaty to partake of the wine, which circulated freely round, he informed himself of the hour when the chaise had been ordered to attend ; and saying he would be in readiness, modestly withdrew from the apartment. " Jack," said the barrister to his companion, " I remember that poor fellow's face ; you spoke more truly than you were aware of ; he really is one of my clients, poor man." "Poor man !" echoed Halkit — " I suppose you mean he is your one and only client ? " " That's not my fault, Jack,'' replied the other, whose name I dis- covered was Hardie. "You are to give me all your business, you kriow ; and if you have none, the learned gentleman here knows nothing can come of nothing." " You seem to have brought something to nothing though, in the case of that honest man. He looks as if he were just about to honour with his residence the Heart of Mid-Lothian." " You are mistaken — he is just delivered from it. — Our friend here looks for an explanation. Pray, Mr. Pattieson, have you been in Edinburgh ? " I answered in the affirmative. " Then you must have passed, occasionally at least, though pro- bably not so -faithfully as I am doomed to do, through a narrow intricate passage, leading out of the north-west corner of the Parlia- ment Square, and passing by a high and antique building, with turrets and iron grates, Making good the saying odd, Near the church and far from God — " Mr. Halkit broke in upon his learned counsel, to contribute his moiety to the riddle — " Having at the door the sign of the Red Man " . 'i- " And being on the whole," resumed the counsellor, interrupt- ing his friend in his turn, " a sort of place where misfortune is happily confounded with guilt, where all who are in wish to get out " " And where none who have the good luck to be out, wish to get in," added his companion. b 2 20 fHE HEART OF MID-LOTHIAN. " I conceive you, gentlemen," replied I ; " you mean the prison." " The prison," added the young lawyer— "You have hit it— the very reverend Tolbooth itself ; and let me tell you, you are obliged to us for describing it with so much modesty and brevity ; for with whatever amplifications we might have chosen to decorate the subject, you lay entirely at our mercy, since the Fathers Conscript of our city have decreed, that the venerable edifice itself shall not remain in existence to confirm or to confute us." "Then the Tolbooth of Edinburgh is called the Heart of Mid- Lothian ? " said I. " So termed and reputed, I assure you." " I think," said I, with the bashful diffidence with which a man lets slip a pun in presence of his superiors, " the metropolitan county mav, in that case, be said to have a sad heart." " Right as my glove, Mr. Pattieson," added Mr. Hardie ; " and a close heart, and a hard heart — Keep it up, Jack." '• And a wicked heart, and a poor heart," answered Halkit, doing his best. " And yet it may be called in some sort a strong heart, and a high heart," rejoined the advocate. " You see I can put you both out of heart." " I have played all my hearts," said the younger gentleman. " Then we'll have another lead," answered his companion. — " And as to the old and condemned Tolbooth, what pity the same honour cannot be done to it as has been done to many of its in- mates. Why should not the Tolbooth have its ' Last Speech, Con- fession, and Dying Words?' The old stones would be just. as conscious of the honour as many a poor devil who has dangled like a tassel at the west end of it, while the hawkers were shouting a confession the culprit had never heard of." " I am afraid," said I, " if I might presume to give my opinion, it would be a tale of unvaried sorrow and guilt." " Not entirely, my friend," said Hardie ; " a prison is a world within itself, and has its own business, griefs, and joys, peculiar to its circle. Its inmates are sometimes short-lived, but so are soldiers on service ; they are poor relatively to the world without, but there are degrees of wealth and poverty among them, and so some are relatively rich also. They cannot stir abroad, but neither can the garrison of a besieged fort, or the crew of a ship at sea ; and they are not under a dispensation quite so desperate as eithea^for they may have as much food as they have money to buy, alid are not obliged to work, whether they have food or not." " But what variety of incident," said I, (not without a secret view to my present task,) " could possibly be derived from such a work as you are pleased to talk of?" " Infinite," replied the young advocate. " Whatever of gu%c»ime, imposture, folly, unheard-of misfortunes, and unlooked-for*change of fortune, can be found to chequer life, my Last Speech of the Tolbooth should illustrate with examples sufficient to gorge even the public's all-devouring appetite for the wonderful and horrible. THE HEART OF MID-LOTHIAN. ar to diversify his tale, and after all can hardly hit upon characters or incidents which have not been used again and again, until they are familiar to the eye of the reader, so that the development, enleve- ment, the desperate wound of which the hero never dies, the burn- ing fever from which the heroine is sure to recover, become a mere matter of course. I join with my honest friend Crabbe, and have an unlucky propensity to hope, when hope is lost, and to rely upon the cork-jacket, which carries the heroes of romance safe through all the billows of affliction." He then declaimed the following passage, rather with too much than too little emphasis : " Much have I feared, but am no more afraid, When some chaste beauty, by some wretch betray'd, Is drawn away with such distracted speed, That she anticipates a dreadful deed. Not so do I — Let solid walls impound The captive fair, and dig a moat around ; r Let there be brazen locks and bars of steel, And keepers cruel, such as never feel ; With not a single note the purse supply, And when she begs, let men and maids deny ; Be windows there from which she dares not fall, And help so distant, 'tis in vain to call ; Still means of freedom will some Power devise, And from the baffled ruffian snatch his prize." " The end of uncertainty," he concluded, " is the death of inte- rest ; and hence it happens that no one now reads novels." " Hear him, ye gods ! " returned his companion. " I assure you, Mr. Pattieson, you will hardly visit this learned gentleman, but you are likely to find the new novel most in repute lying on his table, — snugly intrenched, however, beneath Stair's Institutes, or an open volume of Morrison's Decisions." " Do I deny it ? " said the hopeful jurisconsult, " or wherefore should I, since it is well known these Dalilahs seduce my wisers and my betters ? May they not be found lurking amidst the multi- plied memorials of our most distinguished counsel, and even peep- ing from under the cushion of a judge's arm-chair? Our seniors at the bar, within the bar, and even on the bench, read novels ; and, if not belied, some of them have written novels into the bargain. I only say, that I read from habit and from indolence, not from real interest ; that, like Ancient Pistol devouring his leek, I read and swear till I get to the end of the narrative. But not so in the real records of human vagaries — not so in the State Trials, or in the Books of Adjournal, where every now and then you read new pages of the human heart, and turns of fortune far beyond what the boldest novelist ever attempted to produce from the coinage of his brain." " And for such narratives," I asked, " you suppose the History of the Prison of Edinburgh might afford appropriate materials?" " In a degree unusually ample, my dear sir," said Hardie — " Fill your glass, however, in the meanwhile. Was it not for many years 22 THE HEART OF MID-LOTHIAN. the place in which the Scottish parliament met ? Was it not James's place of refuge, when the mob, inflamed by a seditious preacher, broke forth on him with the cries of ' The sword of the Lord and of Gideon— bring forth the wicked Haman ? ' Since that time how- many hearts have throbbed within these walls, as the tolling of the neighbouring bell announced to them how fast the sands of their life were ebbing ; how many must have sunk at the sound— how many were supported by stubborn pride and dogged resolution — how many by the consolations of religion ? Have there not been some, who, looking back on the motives of their crimes, were scarce able to understand how they should have had such temptation as to seduce them from virtue ? and have there not, perhaps, been others, who, sensible of their innocence, were divided between indignation at the undeserved doom which they were to undergo, consciousness that they had not deserved it, and racking anxiety to discover some way in which they might yet vindicate themselves ? Do you suppose any of these deep, powerful, and agitating feelings, can be recorded and perused without exciting a corresponding depth of deep, power- ful, and agitating interest ?— O ! do but wait till I publish the Causes CeRbres of Caledonia, and you will find no want of a novel or a tragedy for some time to come. The true thing will triumph over the brightest inventions of the most ardent imagination. Magna est Veritas, et pnzvalebit." "' I have understood," said I, encouraged by the affability of my rattling entertainer, "that less of this interest must attach to Scottish jurisprudence than to that of any other country. The general morality of our people, their sober and prudent habits " " Secure them," said the barrister, " against any great increase of professional- thieves and depredators, but, not against wild and wayward starts of fancy and passion, producing crimes of an extra- ordinary description, which are precisely those to the detail of which we listen with thrilling interest. England has been much longer a highly civilized country; her subjects have been very strictly amenable to laws administered without fear or favour, a complete division of labour has taken place among her subjects, and the very thieves and robbers form a distinct class in society, subdivided among themselves according to the subject of their de- predations, and the mode in which they carry them on, acting upon regular habits and principles, which can be calculated and antici- pated at Bow Street, Hatton Garden, or the Old Bailey. Our sister kingdom is like a cultivated field, — the farmer expects that, in spite of all his care, a certain number of weeds will rise with the corn, and can tell you beforehand their names and appearance. But Scotland is like one of her own Highland glens, and the moralist who reads the records of her criminal jurisprudence, will find as many curious anomalous facts in the history of mind, as the botanist will detect rare specimens among her dingles and cliffs." " And that's all the good you have obtained from three perusals of the Commentaries on Scottish Criminal Jurisprudence?" said his companion. " I suppose the learned author very little thinks THE HEART OF MID-LOTHIAN. 23 that the facts which his erudition and acuteness have accumulated for the illustration of legal doctrines, might be so arranged as to form a sort of appendix to the half-bound and slip-shod volumes of the circulating library." " I'll bet you a pint of claret," said the elder lawyer, " that he will not feel sore at the comparison. But as we say at the bar, ' I beg I may not be interrupted ; ' I have much more to say, upon my Scottish collection of Causes Cdlebres. You will please recollect the scope and motive given for the contrivance and execution of many extraordinary and daring crimes, by the long civil dissensions of Scotland— by the hereditary jurisdictions, which, until 1748, rested the investigation of crimes in judges, ignorant, partial, or interested — by the habits of the gentry, shut up in their distant and solitary mansion-houses, nursing their revengeful passions just to keep their blood from stagnating — not to mention that amiable national qualification, called the perfervidum ingenium Scotorttm, which our lawyers join in alleging as a reason for the severity of some of our enactments. When I come to treat of matters so mysterious, deep, and dangerous, as these circumstances have given rise to, the blood of each reader shall be curdled, and his epidermis crisped into goose skin. — But, hist! — here comes the landlord, with tidings, I suppose, that the chaise is ready." It was no such thing — the tidings bore, that no chaise could be had that evening, for Sir Peter Plyem had carried forward my landlord's two pairs of horses that morning to the ancient royal borough of Bubbleburgh, to look after his interest there. But as Bubbleburgh is only one of a set of five boroughs which club their shares for a member of parliament, Sir Peter's adversary had judiciously watched his departure, in order to commence a canvass in the no less royal borough of Bitem, which, as all the world knows, lies at the very termination of Sir Peter's avenue, and has been held in leading strings by him and his ancestors for time im- memorial. Now Sir Peter was thus placed in the situation of an ambitious monarch, who, after having commenced a daring inroad into his enemy's territories, is suddenly recalled by an invasion of his own hereditary dominions. He was obliged in consequence to return from the half-won borough of Bubbleburgh, to look after the half-lost borough of Bitem, and the two pairs of horses which had carried him that morning to Bubbleburgh, were now forcibly detained to transport him, his agent, his valet, his jester, and his hard-drinker, across the country to Bitem. The cause of this de- tention, which to me was of as little consequence as it may be to the reader, was important enough to my companions to reconcile them to the delay. Like eagles, they smelled the battle afar off, ordered a magnum of claret and beds at the Wallace, and entered at full career into the Bubbleburgh and Bitem politics, with all the probable " petitions and complaints " to which they were likely to give rise. In the midst of an anxious, animated, and, to me, most un- intelligible discussion, concerning provosts, bailies, deacons, sets of boroughs, leets, town-clerks, burgesses resident and non-resident, 24 THE HEART OF MID-LOTHIAN. all of a sudden the lawyer recollected himself. " Poor Dunover, we must not forget him ; " and the landlord was despatched in quest of the pauvre honteux, with an earnestly civil invitation to him for the rest of the evening. I could not help asking the young gentlemen if they knew the history of this poor man ; and the counsellor applied himself to his pocket to recover the memorial or brief from which he had stated his cause. " He has been a candidate for our remedium miserabile," said Mr. Hardie, " commonly called a cessio bonorum. As there are divines who have doubted the eternity of future punishments, so the Scotch lawyers seem to have thought that the crime of poverty might be atoned for by something short of perpetual imprison- ment. After a month's confinement, you must know, a prisoner for debt is entitled, on a sufficient statement to our Supreme Court, setting forth the amount of his funds, and the nature of his misfortunes, and surrendering all his effects to his creditors, to claim to be discharged from prison." " I had heard," I replied, " of such a humane regulation." " Yes," said Halkit, " and the beauty of it is, as the foreign fellow said, you may get the cessio when the bonorums are all spent — But what, are you puzzling in your pockets to seek your only memorial among old play-bills, letters requesting a meeting of the Faculty, rules of the Speculative Society, syllabus' of lectures- all the miscellaneous contents of a young advocate's pocket, which contains every thing but briefs and bank notes ? Can you not state a case of cessio without your memorial ? Why it is done every Saturday. The events follow each other as regularly as clock-work, and one form of condescendence might suit every one of them." " This is very unlike the variety of distress which this gentleman stated to fall under the consideration of your judges," said I. " True," replied Halkit ; " but Hardie spoke of criminal juris- prudence, and this business is purely civil. I could plead a cessio myself without the inspiring honours of a gown and three-tailed periwig — Listen. — My client was bred a journeyman weaver — made some little money — took a farm — (for conducting a farm, like driving a gig, comes by nature) — late severe times — induced to sign bills with a friend, for which he received no value — landlord sequestrates — creditors accept a composition — pursuer sets up a public-house — fails a second time — is incarcerated for a debt of ten pounds seven shillings and sixpence — his debts amount to blank — his losses to blank — his funds to blank — leaving a balance of blank in his favour. There is no opposition ; your lordships will please grant commission to take his oath." ' Hardie now renounced this ineffectual search, in which there was perhaps a little affectation, and told us the tale of poor Dunover's distresses, with a tone in which a degree of feeling, which he seemed ashamed of as unprofessional, mingled with his attempts at wit, and did him more honour. It was one of those tales which seem to argue a sort of ill-luck or fatality attached to the hero. A well-informed, industrious, and blameless, but poor THE HEART OF MID-LOTHIAN. i S and bashful man, had in vain essayed all the usual means by which others acquire independence, yet had never succeeded beyond the attainment of bare subsistence. During a brief gleam of hope, rather than of actual prosperity, he had added a wife and family to his cares, but the dawn was speedily overcast. Every thing retro- graded with him towards the verge of the miry Slough of Despond, which yawns for insolvent debtors ; and after catching at each twig, and experiencing the protracted agony of feeling them one by one elude his grasp, he actually sunk into the miry pit whence he had been extricated by the professional exertions of Hardie. " And, I suppose, now you have dragged this poor devil ashore, you will leave him half naked on the beach to provide for him- self?" said Halkit. "Hark ye," — and he whispered something in his ear, of which the penetrating and insinuating words, " Interest with my Lord," alone reached mine. " It is pessimi exempli? said Hardie, laughing, " to provide for a ruined client ; but I was thinking of what you mention, provided it can be managed — But hush ! here he comes." The recent relation of the poor man's misfortunes had given him, I was pleased to observe, a claim to the attention and respect of the young men, who treated him with great civility, and gradually engaged him in a conversation, which, much to my satisfaction, again turned upon the Causes Cilibres of Scotland. Imboldened by the kindness with which he was treated, Mr. Dun- over began to contribute his share to the amusement of the evening. Jails, like other places, have their ancient traditions, known only to the inhabitants, and handed down from one set of the melancholy lodgers to the next who occupy their cells. Some of these, which Dunover mentioned, were interesting, and served to illustrate the narratives of remarkable trials, which Hardie had at his finger ends, and which his companion was also well skilled in. This sort of conversation passed away the evening till the early hour when Mr. Dunover chose to retire to rest, and I also retreated to take down memorandums of what I had learned, in order to add another narrative to those which it had been my chief amusement to collect, and to write out in detail. The two young men ordered a broiled bone, Madeira negus, and a pack of cards, and commenced a game at picquet. Next morning the travellers left Gandercleugh. I afterwards learned from the papers that both have been since engaged in the great political cause of Bubbleburgh and Bitem, a summary case, and entitled to particular despatch ; but which, it is thought, never- theless, may outlast the duration of the parliament to which the contest refers. Mr. Halkit, as the newspapers informed me, acts as agent or solicitor ; and Mr. Hardie opened for Sir Peter Plyem with singular ability, and to such good purpose, that I understand he has since had fewer play-bills and more briefs in his pocket. And both the young gentlemen deserve their good fortune ; for I learned from Dunover, who called on me some weeks afterwards, and communicated the intelligence with tears in his eyes, that their interest had availed to obtain him a small office for the decent 26 THE HEART OF MID-LOTHIAN. maintenance of his family ; and that, after a train of constant and uninterrupted misfortune, he could trace a dawn of prosperity to his having the good fortune to be flung from the top of a mail- coach into the river Gander, in company with an advocate and a writer to the signet. The readar will not perhaps deem himself equally obliged to the accident, since it brings upon him the following narrative, founded upon the conversation of the evening. CHAPTER II. Whoe'er's been at Paris must needs know the Greve, The fatal retreat of the unfortunate brave, Where honour and justice most oddly contribute, To ease heroes' pains by an halter and gibbet. There'death breaks the shackles which force had put on, And the hangman completes what the judge but began ; There the squire of the poet, and knight of the post, Find their pains no more baulk'd, and their hopes no more cross'd. Prior. In former times, England had her Tyburn, to which the devoted victims of justice were conducted in solemn procession up what is now called Oxford-Road. In Edinburgh, a large open street, or rather oblong square,-surrounded by high houses, called the Grass- market, was used for the same melancholy purpose. It was not ill chosen for such a scene, being of considerable extent, and there- fore fit to accommodate a great number of spectators, such as are usually assembled by this melancholy spectacle. On the other hand, few of the houses which surround it were, even in> early times, inhabited by persons of fashion ; so that those likely to be offended or over deeply affected by such unpleasant exhibitions were not in the way of having their quiet disturbed by them. The houses in the Grassmarket are, generally speaking, of a mean description ; yet the place is not without some features of grandeur, being overhung by the southern side of the huge rock on which the castle stands, and by the moss-grown battlements and turreted walls of that ancient fortress. It w£ts the custom, until within these thirty years, or thereabouts, to use this esplanade for the scene of public executions. The fatal day was announced to the public, by the appearance of a huge black gallows-tree towards the eastern end of the Grass- market. This ill-omened apparition was of great height, with a scaffold surrounding it, and a double ladder placed against it, for the ascent of the unhappy criminal and executioner. As this apparatus was always arranged before dawn, it seemed as if the gallows had grown out of the earth in the course of one night, like the production of some foul demon ; and I well remember the fright with which the school-boys, when I was one of their number, used to regard these ominous signs of deadly preparation. On the THE HEART OF MID-LOTHIAN. 27 night after the execution the gallows again disappeared, and was conveyed in silence and darkness to the place where it was usually deposited, which was one of the vaults under the Parliament-house, or courts of justice. This mode of execution is now exchanged for one similar to that in front of Newgate, — with what beneficial effect is uncertain. The mental sufferings of the convict are indeed shortened. He no longer stalks between the attendant clergy- men, dressed in his grave-clothes, through a considerable part of the city, looking like a moving and walking corpse, while yet an inhabitant of this world ; but, as the ultimate purpose of punish- ment has in view the prevention of crimes, it may at least be doubted, whether, in abridging the melancholy ceremony, we have not in part diminished that appalling effect upon the spectators which is the useful end of all such inflictions, and in considera- tion of which alone, unless in very particular cases, capital sen- tences can be altogether justified. On the 7th day of September, 1736, these ominous preparations for execution were descried in the place we have described, and at an early hour the space around began to be occupied by several groups, who gazed on the scaffold and gibbet with a stern and vin- dictive show of satisfaction very seldom testified by the populace, whose good nature, in most cases, forgets the crime of the con- demned person, and dwells only on his misery. But the act of which the expected culprit had been convicted was of a description calculated nearly and closely to awaken and irritate the resentful feelings of the multitude. The tale is well known ; yet it is neces- sary to recapitulate its leading circumstances, for the better under- standing what is to follow ; and the narrative may prove long, but I trust not uninteresting, even to those who have heard its general issue. At any rate some detail is necessary, in order to render in- telligible the subsequent events of our narrative. Contraband trade, though it strikes at the root of legitimate government, by encroaching on its revenues, — though it injures the fair trader, and debauches the mind of those engaged in it, — is not usually looked upon, either by the vulgar or by their betters, in a very heinous point' of view. On the contrary, in those counties where it prevails, the cleverest, boldest, and most intelligent of the peasantry, are uniformly engaged in illicit transactions, and very .often with the sanction of the farmers and inferior gentry. .Smug- gling was almost universal in Scotland in the reigns of George I. and II.; for the people, unaccustomed to imposts, and regarding them as an unjust aggression upon their ancient liberties, made no ' scruple to elude them whenever it was possible to do so. The county of Fife, bounded by two firths on the south and north, and by the sea on the east, and having a number of small seaports, was long famed for maintaining successfully a contraband trade ; and, as there were many seafaring men residing there, who had been pirates and buccaneers in their youth, there were not wanting a sufficient number of daring men to carry it on. Among these, a fellow, called Andrew-Wilson, originally a baker in the village of Pathhead, was particularly obnoxious to the revenue officers. He 28 THE HEART OF MID-LOTHIAN. was possessed of great personal strength, courage, and cunning, was perfectly acquainted with the coast, and capable of conducting the most desperate enterprises. On several occasions he succeeded in baffling the pursuit and researches of the king's officers ; but he became so much the object of their suspicions and watchful atten- tion, that at length he was totally ruined by repeated seizures. The man became desperate. He considered himself as robbed and plundered ; and took it into his head, that he had a right to make reprisals, as he could find opportunity. Where the heart is pre- pared for evil, opportunity is seldom long wanting. This Wilson learned, that the Collector of the Customs at Kirkaldy had come to Pittenweem, in the course of his official round of duty, with a con- siderable sum of public money in his custody. As the amount was greatly within the value of the goods which had been seized from him, Wilson felt no scruple of conscience in resolving to reimburse himself for his losses, at the expense of the Collector and the reve- nue. He associated with himself one Robertson, and two other idle young men, whom, having been concerned in the same illicit trade, he persuaded to view the transaction in the same justifiable light in which he himself considered it. They watched the motions of the Collector; they broke forcibly into the house where he lodged, — Wilson, with two of his associates, entering the Collector's apartment, while Robertson, the fourth, kept watch at the door with a drawn cutlass in his hand. The officer of the customs, conceiv- ing his life in danger, escaped out of his bedro6m window, and fled in his shirt, so that the plunderers, with much ease, possessed them- selves of about two hundred pounds of public money. The robbery was committed in a very audacious manner, for several persons were passing in the street at the time. But Robertson, representing the noise they heard as a dispute or fray betwixt the Collector and the people of the house, the worthy citizens of Pittenweem felt themselves no way called on to interfere in behalf of the obnoxious revenue officer ; so, satisfying themselves with this very superficial account of the matter, like the Levite in the parable, they passed on the opposite side of the way. An alarm was at length given, military were called in, the depredators were pursued, the booty recovered, and Wilson and Robertson tried and condemned to death, chiefly on the evidence of an accomplice. Many thought, that, in consideration of the men's erroneous opinion of the nature of the action they had committed, justice might have been satisfied with a less forfeiture than that of two lives. On the other hand, from the audacity of the fact, a severe example was judged necessary ; and such was the opinion of the government. When it became apparent that the sentence of death was to be executed, files, and other implements necessary for their escape, were transmitted secretly to the culprits by a friend from without. By these means they sawed a bar out of one of the prison windows, and might have made their escape, but for the obstinacy of Wilson, who, as he was daringly resolute, was doggedly pertina- cious of his opinion. His comrade, Robertson, a young and slender man, proposed to make the experiment of passing the foremost THE HEART OF MID-LOTHIAN. 29 through the gap they had made; and enlarging it from the outside, if necessary, to allow Wilson free passage. Wilson, however, in- sisted on making the first experiment, and being a robust and lusty man, he not only found it impossible to get through betwixt the bars, but, by his struggles, he jammed himself so fast, that he was unable to draw his body back again. In these circumstances dis- covery became unavoidable, and sufficient precautions were taken by the jailor to prevent any repetition of the same attempt. Robertson uttered not a word of reflection on his companion for the consequences of his obstinacy ; but it appeared from the sequel, that Wilson's mind was deeply impressed with the recollection, that, but for him, his comrade, over whose mind he exercised con- siderable influence, would not have engaged in the criminal enter- prise which had terminated thus fatally ; and that now he had become his destroyer a second time, since, but for his obstinacy, Robertson might have effected his escape. Minds like Wilson's, even when exercised in evil practices, sometimes retain the power of thinking and resolving with enthusiastic generosity. His whole thoughts were now bent on the possibility of saving Robertson's life, without the least respect to his own. The resolution which he adopted, and the manner in which he carried it into effect were striking and unusual. Adjacent to the tolbooth, or city jail of Edinburgh, is one of three churches into which the cathedral of St. Giles is now divided, called, from its vicinity, the Tolbooth Church. It was the custom, that criminals under sentence of death, were brought to this church, with a sufficient guard, to hear and join in public worship on the Sabbath before execution. It was supposed that the hearts of these unfortunate persons, however hardened before against feel- ings of devotion, could not but be accessible to them upon uniting their thoughts and voices, for the last time, along with their fellow- mortals, in addressing their Creator. And to the rest of the con- gregation, it was thought it could not but be impressive and affect- ing, to find their devotions mingling with those who, sent by the doom of an earthly tribunal to appear where the whole earth is judged, might be considered as beings trembling on the verge of eternity. The practice, however edifying, has been discontinued, in consequence of the incident we are about to detail. The clergyman, whose duty it was to officiate in the Tolbooth Church, had concluded an affecting discourse, part of which was particularly directed to the unfortunate men, Wilson and Robertson, who were in the pew set apart for the persons in their unhappy situation, each secured betwixt two soldiers of the city guard. The clergyman had reminded them, that the next congregation they must join would be that of the just, or of the unjust : that the psalms they now heard must be exchanged, in the space of two brief days, for eternal hallelujahs, or eternal lamentations ; and that this fearful alternative must depend upon the siate to which they might be able to bring their minds before the moment of awful preparation : that they should not despair on account of the sud- denness of the summons, but rather to feel this comfort in their 3o THE HEART OF MID-LOTHIAN. misery, that, though all who now lifted the voice, or bent the knee in conjunction with them, lay under the same sentence of certain death, they only had the advantage of knowing the precise moment at which it should be executed upon them. " Therefore," urged the good man, his voice trembling with emotion, " redeem the time, my unhappy brethren, which is yet left ; and remember, that, with the grace of him to whom space and time are but as nothing, salvation may yet be assured, even in the pittance of delay which the laws of your country afford you." Robertson was observed to weep at these words ; but Wilson seemed as one whose brain had not entirely received their meaning, or whose thoughts were deeply impressed with some different sub- ject, — an expression so natural to a person in his situation, that it excited neither suspicion nor surprise. The benediction was pronounced as usual, and the congregation was dismissed, many lingering to indulge their curiosity with a more fixed look at the two criminals, who now, as well as their guards, rose up, as if to" depart when the crowd should permit them. A murmur of compassion was heard to pervade the spectators, the more general, perhaps, on account of the alleviating circumstances of the case ; when all at once, Wilson, who, as we have already noticed, was a very strong man, seized two of the soldiers, one with each hand, and calling at the same time to his companion, " Run, Geordie, run ! " threw Himself on a third, and fastened his teeth on the collar of his coat. Robertson stood for a second as if thunder- struck, and unable to avail himself of the opportunity, of escape ; but the cry of " Run, run ! " being echoed from many around, whose feelings surprised them into a very natural interest in his behalf, he shook off the grasp of the remaining soldier, threw him- self over the pew, mixed with the dispersing congregation, none of whom felt inclined to stop a poor wretch taking his last chance for his life, gained the door of the church, and was lost to all pursuit. The generous intrepidity which Wilson had displayed on this occasion augmented the feeling of compassion which attended his fate. The public, where their own prejudices are not concerned, are easily engaged on the side of disinterestedness and humanity, admired Wilson's behaviour, and rejoiced in Robertson's escape. This general feeling was so great, that it excited a vague report that Wilson would be rescued at the place of execution, either by the mob or by some of his old associates, or by some second extra- ordinary and unexpected exertion of strength and courage on his own part. The magistrates thought it their duty to provide against the possibility of disturbance. They ordered out, for protection of the execution of the sentence, the greater part of their own City Guard, under the command of Captain Porteous, a man whose name became too memorable from the melancholy circumstances of the day, and subsequent events. It may be necessary to say a word about this person, and the corps which he commanded. Bu* the subject is of importance sufficient to deserve another chapter. THE HEART OF MID-LOTHIAN. 31 CHAPTER III. And thou, great god of aqua-vitae ! Wha sways the empire of this city, (When fou we're sometimes capernoity,) , Be thou prepared, To save us frae that black banditti, The City Guard ! Ferguson's Daft Days. Captain John Porteous, a name memorable in the traditions of Edinburgh, as well as in the records of criminal jurisprudence, was the son of a citizen of Edinburgh, who endeavoured to breed him up to his own mechanical trade of a tailor. The youth, how- ■ever, had a wild and irreclaimable propensity to dissipation, which finally sent him to serve in the corps long maintained in the service ■of the States of Holland, and called the Scotch Dutch. Here he learned military discipline ; and returning afterwards, in the course of an idle and wandering life, to his native city, his services were required by the magistrates of Edinburgh in the disturbed year 1715, for disciplining their City Guard, in which he shortly after- wards received a captain's commission. It was only by his military skill, and an alert and resolute character as an officer of police, that he merited this promotion, for he is said to have been a man ■of profligate habits, an unnatural son, and a brutal husband. He was, however, useful in his station, and his harsh and fierce habits Tendered him formidable to rioters or disturbers of the public peace. The corps in which he held his command is, or perhaps we should Tather say was, a body of about one hundred and twenty soldiers, ■divided into three companies, and regularly armed, clothed, and embodied. They were chiefly veterans who enlisted in this corps, having the benefit of working at their trades when they were off ■duty. These men had the charge of preserving public order, re- pressing riots and street robberies, acting, in short, as an armed police, and attending on all public occasions where confusion or popular disturbance might be expected.* Poor Ferguson, whose irregularities sometimes led him into unpleasant rencontres with these military conservators of public order, and who mentions them so often that he may be termed their poet laureate, thus admonishes Jiis readers, warned doubtless by his own experience : " Gude folk, as ye come frae the fair, Bide yont frae this black squad ; There's nae sic savages elsewhere Allow'd to wear cockad." In fact, the soldiers of the City Guard, being, as we have said, in ;general discharged veterans, who had strength enough remaining for this municipal duty, and being, moreover, for the greater part, Highlanders, were neither by birth, education, or former habits, 32 THE HEART OF MID-LOTHIAN. trained to endure with much patience the insults of the rabble, or tne provoking petulance of truant schoolboys, and idle debauchees of all descriptions, with whom their occupation brought them into contact. On the contrary, the tempers of the poor old fellows were soured by the indignities with which the mob distinguished them on many occasions, and frequently might have required the soothing strains of the poet we have just quoted — " O soldiers ! for your ain dear sakes, For Scotland's love, the Land o' Cakes, Gie not her bairns sic deadly paiks, Nor be sae rude, Wi' firelock or Lochaber-axe, As spill their bluid ! " On all occasions when a holyday licensed some riot and irregu- larity, a skirmish with these veterans was a favourite recreation with the rabble of Edinburgh. These pages may perhaps see the light when many have in fresh recollection such onsets as we allude to. But the venerable corps, with whom the contention was held, may now be considered as totally extinct. Of late the gradual diminution of these civic soldiers, reminds one of the abatement of King Lear's hundred knights. The edicts of each succeeding set of magistrates have, like those of Goneril and Regan, diminished this venerable band with the similar question, " What need we five-and-twenty ?— ten ?— or five ?" And it is now nearly come to, " What need one ?" A spectre may indeed here and there still be seen, of an old grey-headed and grey-bearded Highlander, with war-worn features, but bent double by age ; dressed in an old- fashioned cocked-hat, bound with white tape instead of silver lace ; • and in coat, waistcoat, and breeches of a muddy-coloured red, bearing in his withered hand an ancient weapon, called a Lochaber- axe ; a long pole, namely, with an axe at the extremity, and a hook at the back of the hatchet* Such a phantom of former days still creeps, I have been informed, round the statue of Charles the Second, in the Parliament Square, as if the image of a Stewart were the last refuge for any memorial of our ancient manners ; and one or two others are supposed to glide around the door of the guard-house assigned to them in the Luckenbooths, when their ancient refuge in the High Street was laid low.* But the fate of manuscripts bequeathed to friends and executors is so uncertain,, that the narrative containing these frail memorials of the old Town- Guard of Edinburgh, who, with their grim and valiant corporal, John Dhu, (the fiercest-looking fellow I ever saw,) were, in my boyhood, the alternate terror and derision of the petulant brood of the High-school, may, perhaps, only come to light when all memory of the institution has faded away, and then serve as an illustration of Kay's caricatures, who has preserved the features of some of their heroes. In the preceding generation, when there was a per- petual alarm for the plots and activity of the Jacobites, some pains were taken by the magistrates of Edinburgh to keep this corps, though composed always of such materials as we have noticed, in a THE HEART OF MID-LOTHIAN. 33 more effective state than was afterwards judged necessary, when their most dangerous service was to skirmish with the rabble on the king's birth-day. They were, therefore, more the objects of hatred, and less that of scorn, than they were afterwards accounted. To Captain John Porteous, the honour of his command and of his corps seems to have been a matter of high interest and importance. He was exceedingly incensed against Wilson for the affront which he construed him to have put upon his soldiers, in the effort he made for the liberation of his companion, and expressed himself most ardently on the subject. He was no less indignant at the report, that there was an intention to rescue Wilson himself from the gallows, andutteredmanythreats and imprecations upon thatsubject, which were afterwards remembered to his disadvantage. In fact, if a good deal of determination and promptitude rendered Porteous, in one respect, fit to command guards designed to suppress popular commotion, he seems, on the other, to have been disqualified for a charge so delicate, by a hot and surly temper, always too ready to come to blows and violence ; a character void of principle ; and a disposition to regard the rabble, who seldom failed to regale him and his soldiers with some marks of their displeasure, as declared enemies, upon whom it was natural and justifiable that he should seek opportunities of vengeance. Being, however, the most active and trust-worthy among the captains of the City Guard, he was the person to whom the magistrates confided the command of the soldiers appointed to keep the peace at the time of Wilson's execution. He was ordered to guard the gallows and scaffold, with about eighty men, all the disposable force that could be spared for that duty. But the magistrates took farther precautions, which affected Por- teous's pride very deeply. They requested the assistance of part of a regular infantry regiment, not to attend upon the execution, but to remain drawn up on the principal street of the city during the time that it went forward, in order to intimidate the multitude, in case they should be disposed to be unruly, with a display of force which could not be resisted without desperation. It may sound ridiculous in our ears, considering the fallen state of this ancient civic corps, that its officer should have felt punctiliously jealous of its honour. Yet so it was. Captain Porteous resented, as an in- dignity, the introducing the Welsh Fusileers within the city, and drawing them up in the street where no drums but his own were allowed to be sounded, without the special command or permission of the magistrates. As he could not show his ill-humour to his patrons the magistrates, it increased his indignation and his desire to be revenged on the unfortunate criminal Wilson, and all who favoured him. These internal emotions of jealousy and rage wrought a change on the man's mien and bearing, visible to all who saw him on the fatal morning when Wilson was appointed to suffer. Por- teous's ordinary appearance was rather favourable. He was about the middle size, stout, and well made, having a military air, and yet rather a gentle and mild countenance. His complexion was brown, his face somewhat fretted with the scars of the small-pox, his eyes rather languid than keen or fierce. On the present occasion, how- c 3+ THE HEART OF MID-LOTHIAN. ever, it seemed to those who saw him as if he were agitated by- some evil demon. His step was irregular, his voice hollow and broken, his countenance pale, his eyes staring and wild, his speech imperfect and confused, and his whole appearance so disordered, that many remarked he seemed to be fey, a Scottish expression, meaning the state of those who are driven on to their impending fate by the strong impulse of some irresistible necessity. One part of his conduct was truly diabolical, if, indeed, it has not been exaggerated by the general prejudice entertained against his memory. When Wilson, the unhappy criminal, was delivered to him by the keeper of the prison, in order that he might be conducted to the place of execution, Porteous, not satisfied with the usual pre- cautions to prevent escape, ordered him to be manacled. This might be justifiable from the character and bodily strength of the male- factor, as well as from the apprehensions so generally entertained of an expected rescue. But the handcuffs which were produced being found too small for the wrists of a man so big-boned as Wilson, Porteous proceeded with his own hands, and by great exertion of strength, to force them till they clasped together, to the exquisite torture of the unhappy criminal. Wilson remonstrated against such barbarous usage, declaring that the pain distracted his thoughts from the subjects of meditation proper to his unhappy condition. " It signifies little," replied Captain Porteous ; "your pain will be soon at an end." " Your cruelty is great," answered the sufferer. " You know not how soon you yourself may have occasion to ask the mercy, which you are now refusing to a fellow-creature. May God forgive you !" These words, long afterwards quoted and remembered, were all that passed between Porteous and his prisoner ; but as they took air, and became known to the people, they greatly increased the popular compassion for Wilson, and excited a proportionate degree of indignation against Porteous ; against whom, as strict, and even violent in the discharge of his unpopular office, the common people had some real and many imaginary causes of complaint. When the painful procession was completed, and Wilson, with the escort, had arrived at the scaffold in the Grassmarket, there appeared no signs of that attempt to rescue him which had occa- sioned such precautions. The multitude, in general, looked on with deeper interest than at ordinary executions ; and there might be seen, on the countenances of many, a stem and indignant expres- sion, like that with which the ancient Cameronians might be sup- posed to witness the execution of their brethren, who glorified the Covenant on the same- occasion, and at the same spot But there ' was no attempt at violence. Wilson himself seemed disposed to hasten over the space that divided time from eternity. The devo- tions proper and usual on such occasions were no sooner finished r 4« f submitted to his fate, and the sentence of the law was fulfilled. He had been suspended on the gibbet so long as to be totally depnved of life, when at once, as if occasioned by some newly- THE HEART OF MID-LOTHIAN. 35 received impulse, there arose a tumult among the multitude. Many- stones were thrown at Porteous and his guards ; some mischief was ■done ; and the mob continued to press forward with whoops, shrieks, howls, and exclamations. A young fellow, with a sailor's cap slouched ■over his face, sprung on the scaffold, and cut the rope by which the ■criminal was suspended. Others approached to cdrry off the body, either to secure for it a decent grave, or to try, perhaps, some means of resuscitation. Captain Porteous was wrought, by this appearance of insurrection against his authority, into a rage so headlong as made him forget, that, the sentence having been fully executed, it was his duty not to engage in hostilities with the misguided multi- tude, but to draw off his men as fast as possible. He sprung from the scaffold, snatched a musket from one of his soldiers, commanded the party to give fire, and, as several eye-witnesses concurred in swearing, set them the example, by discharging his piece, and shooting a man dead on the spot. Several soldiers obeyed his ■command or followed his example ; six or seven persons were slain, and a great many were hurt and wounded. After this act of violence, the Captain proceeded to withdraw his men towards their guard-house in the High Street. The mob were not so much intimidated as incensed by what had been done. They pursued the soldiers with execrations, accompanied by volleys of stones. As they pressed on them, the rearmost soldiers turned, and again fired with fatal aim and execution. It is not accurately known whether Porteous commanded this second act of violence ; but of course the odium of the whole transactions of the fatal day attached to him, and to him alone. He arrived at the .guard-house, dismissed his soldiers, and went to make his report to the magistrates concerning the unfortunate events of the day. Apparently by this time Captain Porteous had begun to doubt the propriety of his own conduct, and the reception he met with from the magistrates was such as to make him still more anxious to gloss it over. He denied that he had given orders to fire ; he denied he had fired with his own hand ; he even produced the fusee which he carried as an officer for examination ; it was found still loaded. Of three cartridges which he was seen to put in his pouch that morning, two were still there ; a white handker- chief was thrust into the muzzle of the piece, and returned unsoiled or blackened. To the defence founded on these circumstances it was answered, that Porteous had not used his own piece, but had been seen to take one from a soldier. Among the many who had been killed and wounded by the unhappy fire, there were several of better rank ; for even the humanity of such soldiers as fired over the heads of the mere rabble around the scaffold, proved in some instances fatal to persons who were stationed in windows, or observed the melancholy scene from a distance. The voice of public indignation was loud and general ; and, ere men's tempers had time to cool, the trial of Captain Porteous took place before the High Court of Justiciary. After a long and patient hearing, the jury had the difficult duty of balancing the positive evidence of many persons, and those of respectability, who deposed posi- 36 THE HEART OF MID-LOTHIAN. tively to the prisoner's commanding his soldiers to fire, and himself firing his piece, of which some swore that they saw the smoke and flash, and beheld a man drop at whom it was pointed, with the negative testimony of others, who, though well stationed for seeing what had passed, neither' heard Porteous give orders to fire, nor saw him fire himself ; but, on the contrary, averred that the first shot was fired by a soldier who stood close by him. A great part of his defence was also founded on the turbulence of the mob, which witnesses, according to their feelings, their predilections, and their opportunities of observation, represented differently ; some describing as a formidable riot, what others represented as a trifling disturbance, such as always used to take place on the like occa- sions, when the executioner of the law, and the men commissioned to protect him in his task, were generally exposed to some indigni- ties. The verdict of the jury sufficiently shows how the evidence preponderated in their minds. It declared that John Porteous. fired a gun among the people assembled at the execution ; that he gave orders to his soldiers to fire, by which many persons were killed and wounded ; but, at the same time, that the prisoner and his guard had been wounded and beaten, by stones thrown at them by the multitude. Upon this verdict, f the Lords of Justiciary passed sentence of death against Captain John Porteous, adjudg- ing him, in the common form, to be hanged on a gibbet at the common place of execution, on Wednesday, 8th September, 1736, and all his moveable property to be forfeited to the king's use, according to the Scottish law in cases of wilful murder. CHAPTER IV. " The hour's come, but not the man."* Kelfu. On the day when the unhappy Porteous was expected to suffer the sentence of the law, the place of execution, extensive as it is, was crowded almost to suffocation. There was not a window in all the lofty tenements around it, or in the steep and crooked street called the Bow, by which the fatal procession was to descend from the High Street, that was not absolutely filled with spectators. The uncommon height and antique appearance of these houses, some of which were formerly the property of the Knights Templars, and the Knights of St. John, and. still exhibit on their fronts and gables the iron cross of these orders, gave additional effect to a scene in itself so striking. The area of the Grassmarket re- sembled a huge dark lake or sea of human heads, in the centre of which arose the fatal tree, tall, black, and ominous, from which dangled the deadly halter. Every object takes interest from its uses and associations, and the erect beam and empty noose, things so simple in themselves, became, on such an occasion, objects of terror and of solemn interest. THE HEART OF MID-LOTHIAN. 37 Amid so numerous an assembly there was scarcely a word spoken, save in whispers. The thirst of vengeance was in some degree allayed by its supposed certainty ; and even the populace, with deeper feeling than they are wont to entertain, suppressed all ■clamorous exultation, and prepared to enjoy the scene of retalia- tion in triumph, silent and decent, though stern and relentless. It seemed as if the depth of their hatred to the unfortunate criminal scorned to display itself in anything resembling the more noisy current of their ordinary feelings. Had a stranger consulted only the evidence of his ears, he might have supposed that so vast a multitude were assembled for some purpose which affected them with the deepest sorrow, and stilled those noises which, on all ordi- nary occasions, arise from such a concourse ; but if he gazed upon their faces, he would have been instantly undeceived. The com- pressed lip, the bent brow, the stern and flashing eye of almost every one on whom he looked, conveyed the expression of men come to glut their sight with triumphant revenge. It is probable that the appearance of the criminal might have somewhat changed the temper of the populace in his favour, and that they might in the moment of death have forgiven the man against whom their resentment had been so fiercely heated. It had, however, been destined, that the mutability of their sentiments was not to be ex- posed to this trial. The usual hour for producing the criminal had been past for many minutes, yet the spectators observed no symptom of his appearance. "Would they venture to defraud public justice?" was the question which men began anxiously to ask at each other. The first answer in every case was bold and positive, — " They dare not." But when the point was farther canvassed, other opinions were entertained, and various causes of doubt were suggested. Porteous had been a favourite officer of the magistracy of the city, which, being a numerous and fluctuating body, requires for its sup- port a degree of energy in its functionaries, which the individuals who compose it cannot at all times alike be supposed to possess in their own persons. It was remembered, that in the Information for Porteous (the paper, namely, in which his case was stated to the Judges of the criminal court,) he had been described by his counsel as the person on whom the magistrates chiefly relied in all emergencies of uncommon difficulty. It was argued, too, that his conduct, on the unhappy occasion of Wilson's execution, was capable of being attributed to an imprudent excess of zeal in the execution of his duty, a motive for which those under whose autho- rity he acted might be supposed to have great sympathy. And as these considerations might move the magistrates to make a favour- able representation of Porteous's case, there were not wanting others in the higher departments of government, which would make such suggestions favourably listened to. The mob of Edinburgh, when thoroughly excited, had been at all times one of the fiercest which could be found in Europe ; and of late years they had risen repeatedly against the government, and sometimes not without temporary success. They were con- 38 THE HEART OF MID-LOTHIAN. scious, therefore, that they were no favourites with the rulers of the period, and that, if Captain Porteous's violence was not alto- gether regarded as good service, it might certainly be thought, that to visit it with a capital .punishment would rendei, it both delicate and dangerous for future officers, in the same circumstances, to act with effect in repressing tumults. There is also a natural feeling, on the part of all members of government, for the general main- tenance of authority ; and it seemed not unlikely, that what to the relatives of the sufferers appeared a wanton and unprovoked mas- sacre, should be otherwise viewed in the cabinet of St. James's. It might be there supposed, that, upon the whole matter, Cap- tain Porteous was in the exercise of a trust delegated to him by the lawful civil authority ; that he had been assaulted by the popu- lace, and several of his men hurt ; and that, in finally repelling force by force, his conduct could be fairly imputed to no other motive than self-defence in the discharge of his duty. These- considerations, of themselves very powerful, induced the spectators to apprehend the possibility of a reprieve ; and to the various causes which might interest the rulers in his favour, the lower part of the rabble added one which was peculiarly well adapted to their comprehension. It was averred, in order to in- crease the odium against Porteous, that while he repressed with the utmost severity the slightest excesses of the poor, he not only overlooked the licence of the young nobles and gentry, but was very willing to lend them the countenance of his official autho- rity, in execution of such loose pranks as it was chiefly his duty to have restrained. This suspicion, which was perhaps much exagge- rated, made a deep impression on the minds of the populace ; and when several of the higher rank joined in a petition, recommend- ing Porteous to the mercy of the crown, it was generally supposed he owed their favour not to any conviction of the hardship of his case, but to the fear of losing a convenient accomplice in their debaucheries. It is scarcely necessary to say how much this suspi- cion augmented the people's detestation of this obnoxious cri- minal, as well as their fear of his escaping the sentence pronounced against him. While these arguments were stated and replied to, and canvassed and supported, the hitherto silent expectation of the people became changed into that deep and agitating murmur, which is sent forth by the ocean before the tempest begins to howl. The crowded populace, as if their motions had corresponded with the unsettled state of their minds, fluctuated to and fro without any visible cause of impulse, like the agitation of the waters, called by sailors the ground-swell. The news, which the magistrates had almost hesi- tated to communicate to them, were at length announced, and spread among the spectators with a rapidity like lightning. A reprieve from the Secretary of State's office, under the hand of his Grace the Duke of Newcastle, had arrived, intimating the pleasure of Queen Caroline, (regent of the kingdom during the absence of George II. on the Continent,) that the execution of the sentence of death pronounced against John Porteous, late Captain-Lieutenant THE HEART OF MID-LOTHIAN. 39 of the City Guard of Edinburgh, present prisoner in the tolbooth of that city, be respited for six weeks from the time appointed for his execution. The assembled spectators of almost all degrees, whose minds had been wound up to the pitch which we have described, uttered a groan, or rather a roar of indignation and disappointed revenge, similar to that of a tiger from whom his meal has been rent by his keeper when he was just about to devour it. This fierce exclama- tion seemed to forbode some immediate explosion of popular resentment, and, in fact, such had been expected by the magis- trates, and the necessary measures had been taken to repress it. But the shout was not repeated, nor did any sudden tumult ensue, such as it appeared to announce. The populace seemed to be ashamed of having expressed their disappointment in a vain clamour, and the sound changed, not into the silence which had preceded the arrival of these stunning news, but into stifled mutter- ings, which each group maintained among themselves, and which were blended into one deep and hoarse murmur which floated above the assembly. Yet still, though all expectation of the execution was over, the mob remained assembled, stationary, as it were, through very re- sentment, gazing on the preparations for death, which had now been made in vain, and stimulating their feelings, by recalling the various claims which Wilson might have had on royal mercy, from the mistaken motives on which he acted, as well as from the gene- rosity he had displayed towards his accomplice. "This man," they said, — " the brave, the resolute, the generous, was executed t» death without mercy for stealing a purse of gold, which in some sense he might consider as a fair reprisal ; while the profligate satellite, who took advantage of a trifling tumult, inseparable from such occasions, to shed the blood of twenty of his fellow-citizens, is deemed a fitting object for the exercise of the royal prerogative of mercy. Is this to be borne ? — would our fathers have borne it ? Are not we, like them, Scotsmen and burghers of Edinburgh ?" The officers of justice began now to remove the scaffold, and other preparations which had been made for the execution, in hopes, by doing so, to accelerate the dispersion of the multitude. The measure had the desired effect ; for no sooner had the fatal tree been unfixed from the large stone pedestal or socket in which it was secured, and sunk slowly down upon the wain intended to remove it to the place where it was usually deposited, than the populace; after giving vent to their feelings in a second shout of rage and mortification, began slowly to disperse to their usual abodes and occupations. The windows were in like manner gradually deserted, and groups of the more decent class of citizens formed themselves, as if wait- ing to return homewards when the streets should be cleared of the rabble. Contrary to what is frequently the case, this description of persons agreed in general with the sentiments of their inferiors, and considered the cause as common to all ranks. Indeed, as we have already noticed, it was by no means amongst the lowest class 4» THE HEART OF MID-LOTHIAN. of the spectators, or those most likely to be engaged in the riot at Wilson's execution, that the fatal fire of Porteous's soldiers had taken effect. Several persons were killed who were looking out at windows at the scene, who could not of course belong to the rioters, and were persons of decent rank and condition. The burghers, therefore, resenting the loss which had fallen on their own body, and proud and tenacious of their rights, as the citizens of Edinburgh have at all times been, were greatly exasperated at the unexpected respite of Captain Porteous. It was noticed at the time, and afterwards more particularly remembered, that, while the mob were in the act of dispersing, several individuals were seen busily passing from one place and one group of people to another, remaining long with none, but whispering for a little time with those who appeared to be de- claiming most violently against the conduct of government. These active agents had the appearance of men from the country, and were generally supposed to be old friends and confederates of Wilson, whose minds were of course highly excited against Porteous. If, however, it was the intention of these men to stir the multi- tude to any sudden act of mutiny, it seemed for the time to be fruitless. The rabble, as well as the more decent part of the assembly, dispersed, and went home peaceably ; and it was only by- observing the moody discontent on their brows, or catching the tenor of the conversation they held with each other, that a stranger could estimate the state of their minds. We will give the reader this advantage, by associating ourselves with one of the numerous groups who were painfully ascending the steep declivity of the West Bow, to return to their dwellings in the Lawnmarket. " An unco thing this, Mrs. Howden," said old Peter Plumdamas to his neighbour the rouping-wife, or saleswoman, as he offered her his arm to assist her in the toilsome ascent, " to see the grit folk at Lunnon set their face against law and gospel, and let loose sic a reprobate as Porteous upon a peaceable toun ! " " And to think o' the weary walk they hae gien us," answered Mrs. Howden, with a groan ; " and sic a comfortable window as I had gotten, too, just within a penny-stane-cast of the scaffold— I could hae heard every word the minister said — and to pay twal- pennies for my stand, and a' for naething ! " " I am judging," said Mr. Plumdamas, " that this reprieve wadna stand- gude in the auld Scots law, when the kingdom was a kingdom." " I dinna ken muckle about the law," answered Mrs. Howden ; " but I ken, when we had a king, and a chancellor, and parliament- men o'our ain, we could aye peeble them wi'stanes when they werena gude bairns— But naebody's nails can reach the length o' Lunnon." " Weary on Lunnon, and a' that e'er cam out o't ! " said Miss Gnzcl Damahoy, an ancient seamstress ; " they hae taen awa our parliament and they hae oppressed our trade. Our gentles will hardly allow that a Scots needle can sew ruffles on a sark or lace on an owerlay." " Ye may say that, Miss Damahoy, and I ken o' them that hae THE HEART OF MID-LOTHIAN. 4 I gotten raisins frae Lunnon by forpits at ance,'' responded Plum- damas ; " and then sic an host of idle English gaugers and excise- men as hae come doun to vex and torment us, that an honest man ■canna fetch sae muckle as a bit anker o' brandy frae Leith to the Lawnmarket, but he's like to be rubbit o' the very gudes he's boucht and paid for. — Weel, I winna justify Andrew Wilson for pitting hands on what wasna his ; but if he took nae mair than his ain, there's an awfu' difference between that and the fact this man stands for." " If ye speak aboot the law," said Mrs. Howden, " here comes Mr. Saddletree, that can settle it as weel as ony on the bench." The party she mentioned, a grave elderly person with a superb periwig, dressed in a decent suit of sad-coloured clothes, came up as she spoke, and courteously gave his arm to Miss Grizel Damahoy. It may be necessary to mention, that Mr. Bartoline Saddletree kept an excellent and highly esteemed shop for harness, saddles, •&c. &c. at the sign of the Golden Nag, at the head of Bess Wynd. His genius, however (as he himself and 'most of his neighbours •conceived), lay towards the weightier matters of the law, and he failed not to give frequent attendance upon the pleadings and argu- ments of the lawyers and judges in the neighbouring square, where, to say the truth, he was oftener to be found than would have con- sisted with his own emolument ; but that his wife, an active pains- taking person, could, in his absence, make an admirable- shift to please the customers and scold the journeymen. This good lady was in the habit of letting her. husband take his way, and go on improving his stock of legal knowledge without interruption ; but, as if in requital, she insisted upon having her own will in the domestic and commercial departments which he abandoned to her. Now, as Bartoline Saddletree had a considerable gift of words, which he mistook for eloquence, and conferred more liberally upon the society in which he lived than was at all times gracious and acceptable, there went forth a saying, with which wags used some- times to interrupt his rhetoric, that, as he had a golden nag at his ■door, so he had a grey mare in his shop. This reproach induced . Mr. Saddletree, on all occasions, to assume rather a haughty and stately tone towards his good woman, a circumstance by which she seemed very little affected, unless he attempted to exercise any real authority, when she never failed to fly into open rebellion. But such extremes Bartoline seldom provoked ; for, like the gentle King Jamie, he was fonder of talking of authority than really exer- cising it. This turn of mind was, on the whole, lucky for him ; since his substance was increased without any trouble on his part, or any interruption of his favourite studies. This word in explanation has been thrown in to the reader, while Saddletree was laying down, with great precision, the law upon Porteous's case, by which he arrived at this conclusion, that, if Porteous had fired five minutes sooner, before Wilson was cut down, he would have been versans in licitoj engaged, that is, in a lawful act, and-only liable to be punished propter excessum, or for lack of discretion, which might have mitigated the punishment to fiizna ordinaria. 42 THE HEART OF MID-LOTHIAN. " Discretion ! " echoed Mrs. Howden, on whom, it may well be supposed, the fineness of this distinction was entirely thrown away, — "whan had jock Porteous either grace, discretion, or gude manners ? — I mind when his father " " But, Mrs. Howden," said Saddletree • " And I," said Miss Damahoy, " mind when his mother " Miss Damahoy," entreated the interrupted orator " And I," said Plumdamas, " mind when his wife " " Mr. Plumdamas— Mrs. Howden— Miss Damahoy," again im- plored the orator, — " mind the distinction, as Counsellor. Crossmy- loof says — ' 1/ says he, ' take a distinction.' Now, the body of the criminal being cut down, and the execution ended, Porteous was no longer official ; the act which he came to protect and guard being done and ended, he was no better than cuivis ex populo." " Quivis—quivis, Mr. Saddletree, craving your pardon," said (with a prolonged emphasis on the first syllable) Mr. Butler, the deputy schoolmaster of a parish near Edinburgh, who at that mo- ment came up behind them as the false Latin was uttered. " What signifies interrupting me, Mr. Butler ? — but I am glad to see ye notwithstanding — I speak after Counsellor Crossmyloof, and he said cuivis." " If Counsellor Crossmyloof used the dative for the nominative, I would have crossed his loof with a tight leathern strap, Mr. Saddletree ; there is not a boy on the booby form but should have been scourged for such a solecisrn in grammar." " I speak Latin like a lawyer, Mr. Butler, and not like a school- master," retorted Saddletree. " Scarce like a schoolboy, I think," rejoined Butler. " It matters little," said Bartoline ; " all I mean to say is, that Porteous has become liable to the poena extra ordinem, or capital punishment ; which is to say, in plain Scotch, the gallows, simply because he did not fire when he was in office, but waited till the body was cut down, the execution whilk he had in charge to guard implemented, and he himself exonered of the public trust imposed on him." " But, Mr. Saddletree," said Plumdamas, " do ye really think John Porteous's case wad hae been better if he had begun firing before ony stanes were flung at a' ? " "Indeed do I, neighbour Plumdamas," replied Bartoline, confi- dently, " he being then in point of trust and in point of power, the execution being but inchoat, or, at least, not implemented, or finally ended ; but after Wilson was cut down, it was a' ower — he was clean exauctorate, and had nae mair ado but to get awa wi' his guard up this West Bow as fast as if there had been a caption after him — And this is law, for I heard it laid down by Lord Vincovin- centem." " Vincovincentem?— Is he a lord of state, or a lord of seat?" inquired Mrs. Howden.* " A lord of seat— a lord of session. — I fash mysell little wi' lords o' state ; they vex me wi' a wheen idle questions about their saddles, and curpels, and holsters, and horse-furniture, and what they'll tost, THE HEART OF MID-LOTHIAN. 43 and whan they'll be ready — a wlieen galloping geese — my wife may serve the like o' them." " And so might she, in her day, hae served the best lord in the land, for as little as ye think o' her, Mr. Saddletree," said Mrs. Howden, somewhat indignant at the contemptuous way in which her gossip was mentioned ; " when she and I were twa gilpies, we little thought to hae sitten doun wi' the like o' my auld Davie Howden, or you either, Mr. Saddletree." While Saddletree, who was not bright at a reply, was cudgelling his brains for an answer to this home-thrust, Miss Damahoy broker in on him. " And as for the lords of state," said Miss Damahoy, " ye suld mind the riding o' the parliament, Mr. Saddletree, in the gude auld time before the Union, — a year's rent o' mony a gude estate gaed for horse-graith and harnessing, forby broidered robes and foot' mantles, that wad hae stude by their lane wi' gold brocade, and that were muckle in my ain line." " Ay, and then the lusty. banqueting, with sweetmeats and com' fits wet and dry, and dried fruits of divers sorts," said Plumdamas. " But Scotland was Scotland in these days." " I'll tell ye what it is, neighbours," said Mrs. Howden, " I'll ne'er believe Scotland is Scotland ony mair, if our kindly Scots sit doun wi' the affront they hae gien us this day. It's not only the' blude that is shed, but the blude that might hae been shed, that's required at our hands ; there was my daughter's wean, little Eppie Daidle — my oe, ye ken, Miss Grizel — had played the truant frae the" school, as bairns will do, ye ken, Mr. Butler " "And for which," interjected Mr. Butler, " they should be soundly scourged by their well-wishers." " And had just cruppen to the gallows-foot to see the hanging, as- was natural for a wean ; and what for michtna she hae been shot as weel as the rest o' them, and where wad we a' hae been then ? I wonder how Queen Carline (if her name be Carline) wad hae liked to hae had ane 0' her ain bairns in sic a venture ? " " Report says," answered Butler, " that such a circumstance would not have distressed her majesty beyond endurance." "Aweel,"said Mrs. Howden, "the sumo' the matter is, that, were I a man, I wad hae amends o' Jock Porteous, be the upshot what like o't, if a' the carles and carlines in 'England had sworn to the nay-say." " I would claw down the tolbooth door wi' my nails," said Miss- Grizel, " but I wad be at him." " Ye may be very right, ladies," said Butler, "but I would not advise you to speak so loud." " Speak ! " exclaimed both the ladies together, " there will be naething else spoken aboot frae the Weigh-house to the Water-gate,, till this is either ended or mended." The females now departed to their respective places of abode.- Plumdamas joined the other two gentlemen in drinking their ■meridian, (a bumper-dram of brandy,) as they passed the well- known low-browed shop in the Lawnmarket, where they were wont 44 THE HEART OF MID-LOTHIAN. to take that refreshment. Mr. Plumdamas then departed towards his shop, and Mr. Butler, who happened to have some particular occasion for the rein of an old bridle, (the truants of that busy day could have anticipated its application,) walked down the Lawn- market with Mr. Saddletree, each talking as he could get a word thrust in, the one on the laws of Scotland, the other on those of Syntax, and neither listening to a word which his companion uttered. CHAPTER V. Elswhair he colde right weel lay down the law, But in his house was meek as is a daw. Davie Lindsay. •' There has been Jock Driver the carrier here, speering about his new graith," said Mrs. Saddletree to her husband, as he crossed his threshold, not with the purpose, by any means, of consulting him upon his own affairs, but merely to intimate, by a gentle recapitula- tion, how much duty she had gone through in his absence. "Weel," replied Bartoline, and deigned not a word more. " And the Laird of Girdingburst has had his running footman here, and ca'd himsell, (he's a civil pleasant young gentleman,) to see when the broidered saddle-cloth for his sorrel horse will be ready, for he wants it agane the Kelso races." "Weel, aweel," replied Bartoline, as laconically as before. " And his lordship, the Earl of Blazonbury, Lord Flash and Flame, is like to be clean daft, that the harness for the six Flanders mears, wi' the crests, coronets, housings, and mountings conform, are no sent hame according to promise gien." " Weel, weel, weel — weel, weel, gudewife," said Saddletree, " if he gangs daft, we'll hae him cognosced — it's a' very weel." " It 's weel that ye think sae, Mr. Saddletree," answered his help- mate, rather nettled at the indifference with which her report was received ; " there's mony ane wad hae thoucht themselves affronted, if sae mony customers had ca'd and naebody to answer them but -women-folk ; for a' the lads were aff, as soon as your back was turned, to see Porteous hanged, that might be counted upon ; and sae, you no being at hame " " Houts, Mrs. Saddletree,'' said Bartoline, with an air of conse- quence, "dinna deave me wi' your nonsense ; I was under the necessity of being elsewhere — non omnia — as Mr. Crossmyloof said, when he was called by two macers at once, non omnia fiossumus — pessimus—possimis — I ken our law-latin offends Mr. Butler's ears, 'but it means, naebody, an it were the Lord President himsell, can do twa turns at ance." " Very right, Mr. Saddletree," answered his careful helpmate, with a sarcastic smile ; " and nae doubt it's a decent thing to leave your wife to look after young gentlemen's saddles and bridles, when ye jjang to see a man, that never did ye nae ill, raxing a halter." THE HEART OF MID-LOTHIAN. 45 " Woman," said Saddletree, assuming an elevated tone, to which the meridian had somewhat contributed, " desist, — I say forbear, from intromitting with affairs thou canst not understand. D'ye think I was born to sit here brogging an elshin through bend- leather, when sic men as Duncan Forbes, and that other Arniston chield there, without muckle greater parts, if the close-head speak true, than mysell, maun be presidents and king's advocates, nae doubt, and wha but they ? Whereas, were favour equally distribute,. as in the days of the wight Wallace " " I ken naething we wad hae gotten by the wight Wallace," said Mrs. Saddletree, " unless, as I hae heard the auld folk tell, they fought in thae days wi' bend-leather guns, and then it's a chance but what, if he had bought them, he might have forgot to pay for them. And as for the greatness of your parts, Bartley, the folk in the close-head maun ken mair about them than I do, if they make sic a report of them." " I tell ye, woman," said Saddletree in high dudgeon, " that ye ken naething about these matters. In Sir William Wallace's days, there was nae man pinned down to sic a slavish wark as a saddler's, for they got ony leather graith that they had use for ready-made out of Holland." "Well," said Butler, who was, like many of his profession, some- thing of a humorist and dry joker, " if that be the case, Mr. Saddle- tree, I think we have changed for the better ; since we make our own harness, and only import our lawyers from Holland." " It's ower true, Mr. Butler," answered Bartoline, with a sigh ; "if I had had the luck — or rather, if my father had had the sense to send me to Leyden and Utrecht to learn the Substitutes and Pandex " "You mean the Institutes — Justinian's Institutes, Mr. Saddle- tree ? " said Butler. "Institutes and substitutes are synonymous words, Mr. Butler, and used indifferently as such in deeds of tailzie, as you may see in Balfour's Practiques, or Dallas of St. Martin's Styles. I under- stand these things pretty weel, I thank God ; but I own I should have studied in Holland." " To comfort you, you might not have been farther forward than you are now, Mr. Saddletree," replied Mr. Butler; " for our Scottish -advocates are an aristocratic race. Their brass is of the right Corinthian quality, and Non cuivis contigit adire Corinthum — Aha, Mr. Saddletree?" " And aha, Mr. Butler," rejoined Bartoline, upon whom, as may be well supposed, the jest was lost, and all but the sound of the , words, " ye said a gliff syne it was quivis, and now I heard ye say cuivis with my ain ears, as plain as ever I heard a word at the fore-bar." • " Give me your patience, Mr. Saddletree, and I'll explain the discrepancy in three words," said Butler, as pedantic in his own department, though with infinitely more judgment and learning, as Bartoline was in his self-assumed profession of the law. — " Give me your patience for a moment — You'll grant that the nominative case 46 THE HEART OF MID-LOTHIAN. is that by which a person or thing is- nominated or designed, and which may be called the primary case, all others being formed from it by alterations of the termination in the learned languages, and by prepositions in our modern Babylonian jargons— You'll grant me that, I suppose, Mr. Saddletree ? " " I dinna ken whether I will or no— ad avisandum, ye ken— nae- body should be in a hurry to make admissions, either in point of law, or in point of fact," said Saddletree, looking, or endeavouring to look, as if he understood what was said. " And the dative case," continued Butler " I ken what a tutor dative is," said Saddletree, " readily enough." " The dative case," resumed the grammarian, " is that in which any thing is given or assigned as properly belonging to a person, or thing— You cannot deny that, I am sure." " I am sure I '11 no grant it though," said Saddletree. " Then what the deevil d'ye take the nominative and the dative •cases to be ? " said Butler, hastily, and surprised at once out of his decency of expression and accuracy of pronunciation. " I '11 tell you that at leisure, Mr. Butler," said Saddletree, with a very knowing look ; " I '11 take a day to see and answer every article of your condescendence, and then I '11 hold you to confess or deny, as accords." " Come, come, Mr. Saddletree," said his wife, " we '11 hae nae confessions and condescendences here, let them deal in thae sort o' wares that are paid for them — they suit the like o' us as ill as a demipique saddle would suit a draught ox." " Aha ! " said Mr. Butler," Optat ephippia bos fiiger, nothing new under the sun — But it was a fair hit of Mrs. Saddletree, however." " And it wad far better become ye, Mr. Saddletree," continued his helpmate, " since ye say ye hae skeel o' the law, to try if ye can do onything for Effie Deans, puir thing, that's lying up in the tolbooth yonder, cauld, and hungry, and comfortless — A servant lass of ours, Mr. Butler, and as innocent a lass, to my thinking, and as usefu' in the shop — When Mr. Saddletree gangs out, — and ye're aware he's seldom at hame when there's ony o' the plea-houses open, — poor Effie used to help me to tumble the bundles o' barkened leather up and doon, and range out the gudes, and suit a' body's bumours — And troth she could aye please the customers wi' her answers, for she was aye civil, and a bonnier lass wasna in Auld Reekie. And when folk were hasty and unreasonable, she could serve them better than me, that am no sae young as I hae been, Mr. Butler, and a wee bit short in the temper into the bargain. For when there's ower mony folks crying on me at anes, and nane but ae tongue to answer them, folk maun speak hastily, or they'll ne'er ,get through their wark — Sae- 1 miss Effie daily." " De die in diem" added Saddletree. " I think," said Butler, after a good deal of hesitation, " I have seen the girl in the shop — a modest-looking, fair-haired girl ? " " Ay, ay, that's just puir Effie," said her mistress. " How she was abandoned to hersell, or whether she was sackless o' the sinfu' deed, God in Heaven knows ; but if she's been guilty, she's been sair THE HEART OF MID-LOTHIAN. 47 tempted, and I wad amaist take my Bible-aith she hasna been her- sell at the time." Butler had by this time become much agitated ; he fidgeted up and down the shop, and showed the greatest agitation that a person of such strict decorum could be supposed to give way to. "Was not this girl," he said, " the daughter of David Deans, that had the parks at St. Leonards taken ? and has she not a sister ? " " In troth has she — puir Jeanie Deans, ten years aulder than her- sell ; she was here greeting a wee while syne about her tittie. And what could I say to her, but that she behoved to come and speak to Mr. Saddletree when he was at hame ? It wasnathat I thought Mr. Saddletree could do her or ony ither body muckle gude or ill, but it wad aye serve to keep the puir thing's heart up for a wee •while ; and let sorrow come when sorrow maun." " Ye're mistaen though, gudewife," said Saddletree, scornfully, ■"for I could hae gien her great satisfaction ; I could hae proved to her that her sister was indicted upon the statute saxteen hundred and ninety, chapter one — For the mair ready prevention of child- murder — for concealing her pregnancy, and giving no account, of the child which she had borne." " I hope," said Butler, — " I trust in a gracious God that she can ■clear herself." " And sae do I, Mr. Butler," replied Mrs. Saddletree. " I am sure I wad hae answered for her as my ain dochter; but, wae's my heart, I had been tender a' the simmer, and scarce ower the door o' my room for twal weeks. And as for Mr. Saddletree, he might be in a lying-in hospital, and ne'er find out what the women cam there for. Sae I could see little or naething o' her, or I wad hae had the truth o' her situation out o' her, I'se warrant ye— But we a' think her sister maun be able to speak something to clear her." " The haill Parliament House," said Saddletree, "was speaking o' naething else, till this job o' Porteous's put it out o' head — It's a l>eautiful point of presumptive murder, and there's been nane like it in the Justiciar Court since the case of Luckie Smith the howdie, that suffered in the year saxteen hundred and seventy-nine." "But what's the matter wi' you, Mr. Butler?" said the good woman ; " ye are looking as white as a sheet ; will ye tak a dram?" " By no means,"'said Butler, compelling himself to speak. " I ■walked in from Dumfries yesterday, and this is a warm day." " Sit doon," said Mrs. Saddletree, laying hands on him kindly, " and rest ye — ye'll kill yoursell, man, at that rate. — And are we to wish you joy o' getting the scule, Mr. Butler ? " " Yes — no — I do not know," answered the young man, vaguely. But Mrs. Saddletree kept him to the point, partly out of real interest, partly from curiosity. " Ye dinna ken whether ye are to get the free scule o' Dumfries or no, after hinging on and teaching it a' the simmer ? " "No, Mrs. Saddletree — I am not to have it," replied Butler, more collectedly. " The Laird of Black-at-the-bane had a natural son bred to the kirk, that the presbytery could not be prevailed upon to license ; and so " 48 THE HEART OF MID-LOTHIAN. " Ay, ye need say nae mair aboot it ; if there was a laird that had a puir kinsman, or a bastard that it wad suit, there's eneuch said. — Arid ye're e'en come back to Libberton to wait for dead men's shoon ?.— and, for as frail as Mr. Whackbairn is, he may live as lang as you, that are his'assistant and successor." " Very like," replied Butler, with a sigh ; " I do not know if I should wish it otherwise." '' Nae doot it's a very vexing thing," continued the good lady, " to be in that dependent station; and you that hae richt and title to sae muckle better, I wonder how ye bear these crosses." " Quos diligit castigat? answered Butler ; " even the Pagan Seneca could see an advantage in "affliction. The Heathens had their philosophy, and the Jews their revelation, Mrs. Saddletree, and they endured their distresses in their day. Christians have a better dispensation than either — but doubtless " He stopped and sighed. " I ken what ye mean," said Mrs. Saddletree, looking toward her husband ; "there's whiles we lose patience in spite of baith book and Bible — But ye are no gaun awa, and looking sae poorly — yell stay and take some kale wi' us ? " Mr. Saddletree laid aside Balfour's Practiques, (his favourite study, and much good may it do him,) to join in his wife's hospit- able importunity. But the teacher declined all entreaty, and took his leave upon the spot. " There's something in a' this," said Mrs. Saddletree, looking after him as he walked up the street ; " I wonder what makes Mr. Butler sae distressed about Erne's misfortune — there was nae acquaintance atween them that ever I saw or heard of ; but they were neebours when David Deans was on the Laird o' Dumbie- dikes' land. Mr. Butler wad ken her father or some o' her folk. — Get up, Mr. Saddletree — ye have set yoursell down on the very brecham that wants stitching — and here's little Willie, the prentice. — Ye little rin-there-out deil that ye are, what taks you raking through the gutters to see folk hangit ? — how wad ye like when it comes to be your ain chance, as I winna ensure ye, if ye dinna mend your manners ? — And what are ye maundering and greeting for, as if a word were breaking your banes ? — Gang in by, and be a better bairn another time, and tell Peggy to gie ye a bicker o' broth, for ye'll be as gleg as a gled, I'se warrant ye. — It's a father- less bairn, Mr. Saddletree, and motherless, whilk in some cases may be waur, and ane would tak care o' him if they could — it's a Christian duty." " Very true, gudewife," said Saddletree, in reply, " we are in loco parentis to him during his years of pupillarity, and I hae had thoughts of applying to the Court for a commission as factor loco tutoris, seeing there is nae tutor nominate, and the tutor-at-law declines to act ; but only I fear the expense of the procedure wad not be in rem versam, for I am not aware if Willie has ony effects whereof to assume the administration." He concluded this sentence with a self-important cough, as one who has laid down the law in an indisputable manner. THE HEART OF MID-LOTHIAN. 49 " Effects ! " said Mrs. Saddletree, " what effects has the puir wean ? — he was in rags when his mother died ; and the blue polonie that Erne made for him out of an old mantle o' my ain, was the first decent dress the bairn ever had on. Poor Effie ! can ye tell me now really, wi' a' your law, will her life be in danger, Mr. Saddletree, when they arena able to prove that ever there was a bairn ava?" " Whoy," said Mr. Saddletree, delighted at having for once in his life seen his wife's attention arrested by a topic of legal discussion — " Whoy, there are two sorts of murdrum or murdragium, or what you populariter et vulgariter call murther. I mean there are many sorts ; for there's your murthrum per vigilias et insidias, and your murthrum under trust." " I am sure," replied his moiety, " that murther by trust is the way that the gentry murther us merchants, and whiles mak us shut the booth up — but that has naething to do wi' Erne's mis- fortune." " The case of Effie (or Euphemia) Deans," resumed Saddletree, " is one of those cases of murder presumptive, that is, a murder of the law's inferring or construction, being derived from certain indicia, or grounds of suspicion." " So that," said the good, woman, " unless poor Effie has com- municated her situation, she'll be hanged by the neck, if the bairn was still-born, or if it be alive at this moment ? " " Assuredly," said Saddletree, " it being a statute made by our sovereign Lord and Lady, to prevent the horrid delict of bringing forth children in secret — The crime is rather a favourite of the law, this species of murther being one of its ain creation." " Then, if the law maks murders," said Mrs. Saddletree, " the law should be hanged for them ; or if they wad hang a lawyer in- stead, the country wad find nae faut." A summons to their frugal dinner interrupted the farther pro- gress of the conversation, which was otherwise like to take a turn much less favourable to the science of jurisprudence and its profes- sors, than Mr. Bartoline Saddletree, the fond admirer of both, had at its opening anticipated. CHAPTER VI. But up then raise all Edinburgh, They all rose up by thousands three. Johnnie Armstrong's Goodnight. Butler, on his departure from the sign of the Golden Nag, went in quest of a friend of his connected with the law, of whom he wished to make particular inquiries concerning the circumstances in which the unfortunate young woman mentioned in the last chapter was placed, having, as the reader has probably already conjectured, reasons much deeper than those dictated by mere humanity, for interesting himself in her fate. He found the person SO THE HEART OF MID-LOTHIAN. he sought absent from home, and was equally unfortunate in one or two other calls which he made upon acquaintances whom he hoped to interest in her story. But everybody was, for the mo- ment, stark-mad on the subject of Porteous, and engaged busily in attacking or defending the measures of government in' reprieving him ; and the ardour of dispute had excited such universal thirst, that half the young lawyers and writers, together with their very clerks, the class whom Butler was looking after, had adjourned the debate to some favourite tavern. It was computed by an experi- enced arithmetician, that there was as much twopenny ale consumed on the discussion as would have floated a first-rate man-of-war. Butler wandered about until it was dusk, resolving to take that opportunity of visiting the unfortunate young woman, when his doing so might be least observed ; for he had his own reasons for avoiding the remarks of Mrs. Saddletree, whose shop-door opened at no great distance from that of the jail, though on the opposite or south side of the street, and a little higher up. He passed, there- fore, through the narrow and partly-covered passage leading from the north-west end of the Parliament Square. He stood now before the Gothic entrance of the ancient prison, which, as is well known to all men, rears its ancient front in the very middle of the High Street, forming, as it were, the termination to a huge pile of buildings called the Luckenbooths, which, for some inconceivable reason, our ancestors , had jammed into the midst of the principal street of the town, leaving for passage a nar- row street on the north, and on the south, into which the prison opens, a narrow crooked lane, winding betwixt the high and sombre walls of the Tolbooth and the adjacent houses on the one side, and the buttresses and projections of the old Cathedral upon the other. To give some gaiety to this sombre passage, (well known by the name of the Krames,) a number of little booths, or shops, after the fashion of cobblers' stalls, are plastered, as it were, against the Gothic projections and abutments, so that it seemed as if the traders had occupied with nests, bearing the same proportion to the building, every buttress and coign of vantage, as the marflett did in Macbeth's Castle. Of later years these booths have degene- rated into mere toy-shops, where the little loiterers chiefly inte- rested in such wares are tempted to linger, enchanted by the rich display of hobby horses, babies, and Dutch toys, arranged in artful and gay confusion ; yet half scared by the cross looks of the withered pantaloon, or spectacled old lady, by whom these tempting stores are watched and superintended. But, in the times we write of, the hosiers, the glovers, the hatters, the mercers, the milliners, and all who dealt in the miscellaneous wares now termed haber- dasher's goods, were to be found in this narrow alley. To return from our digression. Butler found the outer turnkey, a tall thin old man, with long silver hair, in the act of locking the outward door of the jail. He addressed himself to this person, and asked admittance to Effie Deans, confined upon accusation of child-murder. The turnkey looked at him earnestly, and, civilly THE HEART OF MID-LOTHIAN. 5* touching hisTiat out of respect to Butler's black coat and clerical appearance, repliedj " It was impossible any one could be admitted at present." " You shut up earlier than usual, probably on account of Captain Porteous's affair," said Butler. The turnkey, with the true mystery of a person in office, gave two grave nods, and withdrawing from the wards a ponderous key of about two feet in length, he proceeded to shut a strong plate of steel, which folded down above the keyhole, and was secured by a steel spring and catch. Butler stood still instinctively while the door was made fast, and then looking at his watch, walked briskly up the .street, muttering to himself almost unconsciously — Porta adversa, ingens, solidoque adamante columnas ; Vis ut nulla virum, non ipsi exscindere ferro Ccelicolae valeant — Stat ferrea turris ad auras — &Cj* Having wasted half an hour more in a second fruitless attempt to find his legal friend and adviser, he thought it time to leave the city and return to his place of residence, in a small village about two miles and a half to the southward of Edinburgh. The metro- polis was at this time surrounded by a high wall, with battlements and flanking projections at some intervals, and the access was through gates, called in the Scottish language forts, which were regularly shut at night. A small fee to the keepers would indeed procure egress and ingress at any time, through a wicket left for that purpose in the large-gate, but it was of some importance, to a man so poor as Butler, to avoid even this slight pecuniary mulct ; and fearing the hour of shutting the gates might be near, he made for that to which he found himself nearest, although, by doing so, he somewhat lengthened his walk homewards. Bristo Port was that by which his direct road lay, but the West Port, which leads out of the Grassmarket, was the nearest of the city gates to the place where he found himself, and to that, therefore, he directed his course. He reached the port in ample time to pass the circuit of the walls, and enter a suburb called Portsburgh, chiefly inhabited by the lower order of citizens and mechanics. Here he was unex- pectedly interrupted. He had not gone far from the gate before he heard the sound of a drum, and, to his great surprise, met a number of persons, suffi- cient to occupy the whole front of the street, and form a consider- able mass behind, moving with great speed towards the gate he had just come from, and having in front of them a drum beating to arms. While he considered how he should escape a party, assembled, as it might be presumed, for no lawful purpose, they came full on him and stopped him. " Are you a clergyman?" one questioned him. Butler replied that "he was in orders, but was not a placed minister." "It's Mr. Butler from Libberton," said a voice from behind; " he'll discharge the duty as weel as ony man." P 2 52 THE HEART OF MID-LOTHIAN. " You must turn back with us, sir,' 7 said the first speaker, in a tone civil but peremptory. " For what purpose, gentlemen ? " said Mr. Butler. " I live at some distance from town — the roads are unsafe by night — you will do me a serious injury by stopping me." " You shall be sent safely home— no man shall touch a hair of your head — but you must and shall come along with us." " But to what purpose or end, gentlemen ?|" said Butler. " I hope you will be so civil as to explain that to me ?" " You shall know that in good time. Come along — for come you must, by force or fair means ; and I warn you to look neither to the right hand nor the left, and to take no notice of any man's face, but consider all that is passing before you as a dream." " I would it were a dream I could awaken from," said Butler to himself; but having no means to oppose the violence with which he was threatened, he was compelled to turn round and march in front of the rioters, two men partly supporting and partly holding him. During this parley the insurgents had made themselves masters of the West Port, rushing upon the Waiters, (so the people were called who had the charge of the gates,) and possessing them- selves of the keys. They bolted and barred the folding doors, and commanded the person, whose duty it usually was, to secure the wicket, of which they did not understand the fastenings. The man, terrified at an incident so totally unexpected, was unable to perform his usual office, and gave the matter up after several attempts. The rioters, who seemed to have come prepared for every emergency, called for torches, by the light of which they nailed up the wicket with long nails, which, it seemed probable, they had provided on purpose. While this was going on, Butler could not, even if he had been willing, avoid making remarks on the individuals who seemed to lead this singular mob. The torch-light, while it fell on their forms and left him in the shade, gave him an opportunity to do so with- out their observing him. Several-of those who seemed most active were dressed in sailors' jackets, trowsers, and sea caps ; others in large loose-bodied great-coats and slouched hats ; and there were several who, judging from their dress, should have been called women, whose rough deep voices, uncommon size, and masculine deportment and mode of walking, forbade them being so inter- preted. They moved as if by some well-concerted plan of arrange- ment. They had signals by which they knew, and nick-names by which they distinguished each other. Butler remarked, that the name of Wildfire was used among them, to which one stout Amazon seemed to reply. The rioters left a small party to observe the West Port, and di- rected the Waiters, as they valued their lives, to remain within their lodge, and make no attempt for that night to repossess themselves of the gate. They then moved with rapidity along the low street called the Cowgate, the mob of the city everywhere rising at the sound of their drum, and joining them. When the multitude arrived at the Cowgate Port, they secured it with as little opposi- tion as the former, made it fast, and left a small party to observe it. THE HEART OF MID-LOTHIAN. S3 It was afterwards remarked, as a striking instance of prudence and precaution, singularly combined with audacity, that the parties left to guard those gates did not remain stationary on their posts, but flitted to and fro, keeping so near the gates as to see that no efforts were made to open them, yet not remaining so long as to have their persons closely observed. The mob, at first only about one hundred strong, now amounted to thousands, and were increasing every moment. They divided themselves so as to ascend with more speed the various narrow lanes which lead up from the Cowgate to the High Street ; and still beating to arms as they went, and calling on all true Scotsmen to join them, they now filled the prin- cipal street of the city. The Netherbow Port might be called the Temple-bar of Edin- burgh, as, intersecting the High Street at its termination, it divided Edinburgh, properly so called, from the suburb named the Canon- gate, as Temple-bar separates London from Westminster. It was of the utmost importance to the rioters to possess themselves of this pass, because there was quartered in the Canongate at that time a regiment of infantry, commanded by Colonel Moyle, which might have occupied the city by advancing through this gate, and would possess the power of totally defeating their purpose. The leaders therefore hastened to the Netherbow Port, which they secured in the same manner, and with as little trouble, as the other gates, leaving a party to watch it, strong in proportion to the im- portance of the post. The next object of these hardy insurgents was at once to dis- arm the City Guard, and to procure arms for themselves ; for scarce any weapons but staves and bludgeons had been yet seen among them. The Guard-house was a long, low, ugly building, (removed in 1787,) which to a fanciful imagination might have sug- gested the idea of a long black snail crawling up the middle of the High Street, and deforming its beautiful esplanade. This formid- able insurrection had been so unexpected, that there were no more than the ordinary sergeant's guard of the city-corps upon duty ; even these were without any supply of powder and ball ; and sen- , sible enough what had raised the storm, and which way it was rolling, could hardly be supposed very desirous to expose them- selves by a valiant defence to the animosity of, so numerous and desperate a mob, to whom they were on the present occasion much more than usually obnoxious. There was a sentinel upon guard, who (that one town-guard sol- dier might do his duty on that eventful evening) presented his piece, and desired the foremost of the rioters to stand off. The young amazon, whom Butler had observed particularly active, sprung upon the soldier, seized his musket, and after a struggle succeeded in wrenching it from him, and throwing him down on the causeway. One or two soldiers, who endeavoured to turn out to the support of their sentinel, were in the same manner seized and disarmed, and the mob without difficulty possessed themselves of the Guard-house, disarming and turning out of doors the rest of the men on duty. It was remarked, that, notwithstanding the city ,54 THE HEART OF MID-LOTHIAN. soldiers had been the instrument of the slaughter which this riot was designed to revenge, no ill-usage or even insult was offered to them. It seemed as if the vengeance of the people disdained to stoop at any head meaner than that which they considered as the source and origin of their injuries. On possessing themselves of the guard, the first act of the mul- titude was to destroy the drums, by which they supposed an alarm might be conveyed to the garrison in the castle ; for the same reason they now silenced their own, which was beaten by a young fellow, son to the drummer of Portsburgh, whom they had forced upon that service. Their next business was to distribute among the boldest of the rioters the guns, bayonets, partisans, halberds, and battle or Lochaber axes. Until this period the principal rioters had preserved silence on the ultimate object of their rising, as being that which all knew, but none expressed. Now, however, having accomplished all the preliminary parts of their design, they raised a tremendous shout of " Porteous ! Porteous ! To the Tol- booth ! To the Tolbooth ! " They proceeded with the same prudence when the object seemed to be nearly in their grasp, as they had done hitherto when success was more dubious. A strong party of the rioters, drawn up in front of the Luckenbooths, and facing down the street, prevented all access from the eastward, and the west end of the defile formed by the Luckenbooths was secured in the same manner ; so that the Tolbooth was completely surrounded, and those who undertook the task of breaking it open effectually secured against the risk of interruption. The magistrates, in the meanwhile, had taken the alarm, and assembled in a tavern, with the purpose of raising some strength to subdue the rioters. The deacons, or presidents of the trades, were applied to, but declared there was little chance of their autho- rity being respected by the craftsmen, where it was the object to save a man so obnoxious. Mr. Lindsay, member of parliament for the city, volunteered the perilous task of carrying a verbal message from the Lord Provost to Colonel Moyle, the commander of the regiment lying in the Canongate, requesting him to force the Netherbow Port, and enter the city to put down the tumult. But Mr. Lindsay declined to charge himself with any written order, which, if found on his person by an enraged mob, might have cost him his life ; and the issue of the application was, that Colonel Moyle, having no written requisition from the civil authorities, and having the fate of Porteous before his eyes as an example of the severe construction put by a jury on the proceedings of military men acting on their own responsibility, declined to encounter the risk to which the Provost's verbal communication invited him. More than one messenger was despatched by different ways to the Castle, to require the commanding officer to march down his troops, to fire a few cannon-shot, or even to throw a shell among the mob, for the purpose of clearing the streets. But so strict and watchful were the various patrols whom the rioters had established in different parts of the street, that none of the emissaries of the THE HEART OF MID-LOTHIAN. SS magistrates could reach the gate of the Castle. They were, how- ever, turned back without either injury or insult, and with nothing more of menace than was necessary to deter them from again at- tempting to accomplish their errand. The same vigilance was used to prevent everybody of the higher, and those which, in this case, might be deemed the more suspicious orders of society, from appearing in the street, and observing the movements, or distinguishing the persons, of the rioters. Every person in the garb of a gentleman was stopped by small parties of two or three of the mob, who partly exhorted, partly required of them, that they should return to the place from whence they came. Many a quadrille party was spoilt that memorable evening ; for the sedan chairs of ladies, even of the highest rank, were interrupted in their passage from one point to another, in despite of the laced footmen and blazing flambeaux. This was uniformly done with a deference and attention to the feelings of the terrified females, which could hardly have been expected from the videttes of a mob so desperate. Those who stopped the chair usually made the ex- cuse, that there was much disturbance on the streets, and that it was absolutely necessary for the lady's safety that the chair should turn back. They offered themselves to escort the vehicles which they had thus interrupted in their progress, from the apprehension, probably, that some of those who had casually united themselves to the riot might disgrace their systematic and determined plan of vengeance, by those acts of general insult and licence which are common on similar occasions. Persons are yet living who remember to have heard from the mouths of ladies thus interrupted on their journey in the manner we have described, that they were escorted to their lodgings by the young men who stopped them, and even handed out of their chairs, with a polite attention far beyond what was consistent with their dress, which was apparently that of journeymen mechanics.* It seemed as if the conspirators, like those who assassinated Cardinal Beatoun in former days, had entertained the opinion, that the work about which they went was a judgment of Heaven, which, though unsanctioned by the usual authorities, ought to be proceeded in with order and gravity. While their outposts continued thus vigilant, and suffered them- selves neither from fear nor curiosity to neglect that part of the duty assigned to them, and while the main guards to the east and west secured them against interruption, a select body of the rioters thundered at the door of the jail, and demanded instant admission. No one answered, for the outer keeper had prudently made his escape with the keys at the commencement of the riot, and was nowhere to be found. The door was instantly assailed with sledge- hammers, iron-crows, and the coulters of ploughs, ready provided for the purpose, with which they prized, heaved, and battered for some time with little effect ; for the door, besides being' of double oak planks, clenched, both endlong and athwart, with broad-, headed nails, was so hung and secured as to yield to no means of forcing, without the expenditure of much time. The rioters, how- 56 THE HEART OF MID-LOTHIAN. ever, appeared determined to gain admittance. Gang after gang relieved each other at the exercise, for, of course, only a few could work at once; but gang after gang retired, exhausted with their violent exertions, without making much progress in forcing the prison-door. Butler had been led up near to this the principal scene of action ; so near, indeed, that he was almost deafened by .the unceasing clang of the heavy fore-hammers against the iron- bound portal of the prison. He began to entertain hopes, as the task seemed protracted, that the populace might give it over in despair, or that some rescue might arrive to disperse them. There was a moment at which the latter seemed probable. The magistrates, having assembled their officers, and some of the citizens who were willing to hazard themselves for the public tran- quillity, now sallied forth from the tavern where they held their sitting, and approached the point of danger. Their officers went before them with links and torches, with a herald to read the riot act, if necessary. They easily drove before them the outposts and videttes of the rioters ; ' but when they approached the line of guard which the mob, or rather, we should say, the conspirators, had drawn across the street in the front of the Luckenbooths, they were received with an unintermitted volley of stones, and, on theirnearer approach, the pikes, bayonets, and Lochaber-axes, of which the populace had possessed themselves, were presented against them. One of their ordinary officers, a strong resolute fellow, went for- ward, seized a rioter, and took from him a musket ; but, being un- supported, he was instantly thrown on his back in the street, and disarmed in his turn. The officer was too happy to be permitted to rise and run away without receiving any further injury ; which afforded another remarkable instance of the mode in which these men had united a sort of moderation towards all others, with the most inflexible inveteracy against the object of their resentment. The magistrates, after vain attempts to make themselves heard and obeyed, possessing no means of enforcing their authority, were constrained to abandon the field to the rioters, and retreat in all speed from the showers of missiles that whistled around their ears. The passive resistance of the Tolbooth-gate promised to do more to baffle the purpose of the mob than the active interference of the magistrates. The heavy sledge-hammers continued to din against it without intermission, and with a noise which echoed from the lofty buildings around the spot, seemed enough to have alarmed the garrison in the Castle. It was circulated among the rioters, that the troops would march down to disperse them, unless they could execute their purpose without loss of time ; or that even without quitting the fortress, the garrison might obtain the same end by throwing a bomb or two upon the street. Urged by such motives for apprehension, they eagerly relieved each other at the labour of assailing the Tolbooth door : yet such was its strength, that it still defied their efforts. At length, a voice was heard to pronounce the words, " Try it with fire." The rioters, with an unanimous shout, called for combustibles, and as all their wishes seemed to be instantly supplied, they were soon in posses- THE HEART OF MID-LOTHIAN. 57 sion of two or three empty tar-barrels. A huge red glaring bonfire speedily arose close to the door of the prison, sending up a tall column of smoke and flame against its antique turrets and strongly- grated windows, and illuminating the ferocious and wild gestures of the rioters who surrounded the place, as well as the pale and anxious groups of those, who, from windows in the vicinage, watched the progress of this alarming scene. The mob fed the fire with whatever they could find fit for the purpose. The flames roared and crackled among the heaps of nourishment piled on the fire, and a terrible shout soon announced that the door had kindled, and was in the act of being destroyed. The fire was suffered to decay, but, long ere it was quite extinguished, the most forward of the rioters rushed, in their impatience, one after another, over its yet smouldering remains. Thick showers of sparkles rose high in the air, as man after man bounded over the glowing embers, and dis- turbed them in their passage. It was now obvious to Butler, and all others who were present, that the rioters would be instantly in possession of their victim, and have it in their power to work their pleasure upon him whatever that might be.* CHAPTER VII. The evil you teach us, we will execute ; and it shall go hard, but we will better the instruction. Merchant of Venice. The unhappy object of this remarkable disturbance had been that day delivered from the apprehension of a public execu- tion, and his joy was the greater, as he had some reason to question whether government would have run the risk of unpopularity by in- terfering in his favour, after he had been legally convicted by the verdict of a jury, of a crime so very obnoxious. Relieved from this doubtful state of mind, his heart was merry within him, and he thought, in the emphatic words of Scripture on a similar occasion, that surely the bitterness of death was past. Some of his friends, however, who had watched the manner and behaviour of the crowd when they were made acquainted with the reprieve, were of a diffe- rent opinion. They augured, from the unusual sternness and silence with which they bore their disappointment, that the populace nou- rished some scheme of sudden and desperate vengeance ; and they advised Porteous to lose no time in petitioning the proper authori- ties, that he might be conveyed to the Castle under a sufficient guard, to remain there in security until his ultimate fate should be determined. Habituated, however, by his office, to overawe the rabble of the city, Porteous could not suspect them of an attempt so audacious as to storm a strong and defensible prison ; and, de- spising the advice by which he might have been saved, he spent the afternoon of the eventful day in giving an entertainment to some friends who visited him in jail, several of whom, by the indulgence of the Captain of the Tolboofh, with whom he had an old intimacy, 58 THE HEART OF MID-LOTHIAN. arising from their official connection, were evenpermitted to remain to supper with him, though contrary to the rules of the jail. It was, therefore, in the hour of unalloyed mirth, when this unfor- tunate wretch was " full of bread," hot with wine, and high in mis- timed and ill-grounded confidence, and, alas ! with all his sins full blown, when the first distant shouts of the rioters mingled with the song of merriment and intemperance. The hurried call of the jailor to the guests, requiring them instantly to depart, and his yet more hasty intimation that a dreadful and determined mob had possessed themselves of the city gates and guard-house, were the first explanation of these fearful clamours. Porteous might, however, have eluded the fury from which the force of authority could not protect him, had he thought of slipping on some disguise, and leaving the prison along with his guests. It is probable that the jailor might have connived at his escape, or even that, in the hurry of this alarming contingency, he might not have observed it. But Porteous and his friends alike wanted pre- sence of mind to suggest or execute such a plan of escape. The latter hastily fled from a place where their own safety seemed com- promised, and the former, in a state resembling stupefaction, awaited in his apartment the termination of the enterprise of the rioters. The cessation of the clang of the instruments with which they had at first attempted to force the door, gave him momentary relief. The flattering hopes, that the military had marched into the city, either from the Castle or from the suburbs, and that the rioters were intimidated and dispersing, were soon destroyed by the broad and glaring light of the flames, which, illuminating through the grated window every corner of his apartment, plainly showed that the mob, determined on their fatal purpose, had adopted a means of forcing entrance equally desperate and certain. The sudden glare of light suggested to the stupified and asto- nished object of popular hatred the possibility of concealment or escape. To rush to the chimney, to ascend it at the risk of suffo- cation, were the only means which seemed to have occurred to him; but his progress was speedily stopped by one of those iron gratings, which are, for the sake of security, usually placed across the vents of buildings designed for imprisonment. The bars, however, which impeded his farther progress, served to support him in the situation which he had gained, and he seized them with the tena- cious grasp of one who esteemed himself clinging to his last hope of existence. The lurid light, which had filled the apartment, low- ered and died away ; the sound of shouts was heard within the walls, and on the narrow and winding stair, which, cased, within one of the turrets, gave access to the upper apartments of the pri- son. The huzza of the rioters was answered by a shout wild and desperate as their own, the cry, namely, of the imprisoned felons, who, expecting to be liberated in the general confusion, welcomed the mob as their deliverers. By some of these the apartment of Porteous was pointed out to his enemies. The obstacle of the lock and bolts was soon overcome, and from his hiding-place the unfor- tunate man heard his enemies search every corner of the apart- THE HEART OF MID-LOTHIAN. 59 ment, with oaths and maledictions, which would but shock the reader if we recorded them, but which served to prove, could it have admitted of doubt, the settled purpose of soul with which they sought his destruction. A place of concealment so obvious to suspicion and scrutiny as that which Porteous had chosen, could not long screen him from detection. He was dragged from his lurking-place, with a vio- lence which seemed to argue an intention to put him to death on the spot. More than one weapon was directed towards him, when one of the rioters, the same whose female disguise had been particularly noticed by Butler, interfered in an authoritative tone. " Are ye mad ? " he said, " or would ye execute an act of jus- tice as if it were a crime and a cruelty? This sacrifice will lose half its savour if we do not offer it at the very horns of the altar. We will have him die where a murderer should die, on the com- mon gibbet — We will have him die where he spilled the blood of so many innocents ! " A loud shout of applause followed the proposal, and the cry, " To the gallows with the murderer ! — To the Grassmarket with him ! " echoed on all hands. " Let no man hurt him," continued the speaker ; "let him make his peace with God, if he can ; we will not kill both his soul and body." > " What time did he give better folk for preparing their account ?" answered several voices. " Let us mete to him with the same mea- 1 sure he measured to them." But the opinion of the spokesman better suited the temper of. those he addressed, a temper rather stubborn than impetuous, sedate though ferocious, and desirous of colouring their cruel and revengeful action with a show of justice and moderation. For an instant this man quitted the prisoner, whom he consigned to a selected guard, with instructions to permit him to give his money and property to whomsoever he pleased. A person confined in the jail for debt received this .last deposit from the trembling hand of the victim, who was at the same time permitted to make some other brief arrangements to meet his approaching fate. The felons, and all others who wished to leave the jail, were now at full liberty to do so ; not that their liberation made any part of the settled purpose of the rioters, but it followed as almost a necessary consequence of forcing the jail doors. With wild cries of jubilee they joined the mob, or disappeared among the narrow lanes to seek out the hidden receptacles of vice and infamy, where they were accustomed to lurk and conceal themselves from justice. Two persons, a man about fifty years* old, and a girl about eighteen, were all who continued within the fatal walls, excepting two or three debtors, who probably saw no advantage in attempting their escape. The persons we have mentioned remained in the strong-room of the prison, now deserted by all others. One of their late companions in misfortune called out to the man to make his escape, in the tone of an acquaintance, " Rin for it, Ratcliffe — the road's clear." 60 THE HEART OF MID-LOTHIAN. " It may be sae, Willie," answered Ratcliffe, composedly, "but I have taen a fancy to leave aff trade, and set up for an honest man." " Stay there, and be hanged, then, for a donnard auld deevil ! " said the other, and ran down the prison-stair. The person in female attire whom we have distinguished as one of the most active rioters, was about the same time at the ear of the young woman. " Flee, Effie, flee ! " was all he had time to whisper. She turned towards him an eye of mingled fear, affection, and up- braiding, all contending with a sort of stupified surprise. He again repeated, " Flee, Effie, flee, for the sake of all that's good and dear to you ! " Again she gazed on him, but was unable to answer. A loud noise was now heard, and the name of Madge Wildfire was repeatedly called from the bottom of the staircase. " I am coming,— I am coming," said the person who answered to that appellative ; and then reiterating hastily, " For God's sake — for your own sake— for my sake, flee, or they'll take your life ! " he left the strong-room. The girl gazed after him for a moment, and then, faintly mutter- ing, " Better tyne life, since tint is gude fame," she sunk her head upon her hand, and remained, seemingly, unconscious as a statue, of the noise and tumult which passed around her. That tumult was now transferred from the inside to the outside of the Tolbooth. The mob had brought their destined victim forth, and were about to conduct him to the common place of execution, which they had fixed as the scene of his death. The leader, whom they distinguished by the name of Madge Wildfire, had been sum- moned to assist at the procession by the impatient shouts of his confederates. " I will ensure you five hundred pounds," said the unhappy man, grasping Wildfire's hand, — " five hundred pounds for to save my life.". The other answered in the same under-tone, and returning his grasp with one equally convulsive, " Five hundred-weight of coined gold should not save you. — Remember Wilson ! " . A deep pause of a minute ensued, when Wildfire added, in a more composed tone, " Make your peace with Heaven. — Where is the clergyman ? " Butler, who, in great terror and anxiety, had been detained with- in a few yards of the Tolbooth door, to wait the event of the search after Porteous, was now brought forward, and commanded to walk by the prisoner's side, and to prepare him for immediate death. His answer was a supplication that the rioters would consider what they did. " You are neither judges nor jury," said he. " You can- not have, by the laws of God or man, power to take away the life of a human creature, however deserving he may be of death. If it is murder even in a lawful magistrate to execute an offender other- wise than in the place, time, and manner which the judges' sentence prescribes, what must it be in you, who have no warrant for inter- ference but your own wills ? In the name of Him who is all mercy, show mercy to this unhappy man, and do not dip your hands in his THE HEART OF MID-LOTHIAN. 6l blood, nor rush into the very crime which you are desirous of avenging i" " Cut your sermon short — you are not in your pulpit," answered one of the rioters. " If we hear more of your clavers," said another, " we are like to hang you up beside him." " Peace — hush ! " said Wildfire. " Do the good man no harm — he discharges his conscience, and I like him the better." He then addressed Butler. " Now, sir, we have patiently heard you, and we just wish you to understand, in the way of answer, that you may as well argue to the ashler-work and iron stanchels of the Tolbooth, as think to change our purpose — Blood must have blood. We have sworn to each other by the deepest oaths ever were pledged, that Porteous shall die the death he deserves so richly ; therefore, speak no more to us, but prepare him for death as well as the briefness of his change will permit." They had suffered the unfortunate Porteous to put on his night- gown and slippers, as he had thrown off his coat and shoes, in order to facilitate his attempted escape up the chimney. In this garb he was now mounted on the hands of two of the rioters, clasped to- gether, so as to form what is called in Scotland, " The -King's Cushion." Butler was placed close to his side, and repeatedly urged to perform a duty always the most painful which can be im- posed on a clergyman deserving of the name, and now rendered more so by the peculiar and horrid circumstances of the criminal's case. Porteous at first uttered some supplications for mercy, but when he found that there was no chance that these would be at- tended to, his military education, and the natural stubbornness of his disposition, combined to support his spirits. "Are you prepared for this dreadful end?" said Butler, in a faltering voice. " O turn to Him, in whose eyes time and space have no existence, and to whom a few minutes are as a lifetime, and a lifetime as a minute." " I believe I know what you would say," answered Porteous sullenly. " I was bred a soldier ; if they will murder me without time, let my sins as well as my blood lie at their door." " Who was it," said the stern voice of Wildfire, " that said to Wilson at this very spot, when he could not pray, owing to the galling agony of his fetters, that his pains would soon be over ? — I say to you to take your own tale home ; and if you cannot profit by the good man's lessons, blame not them that are still more merciful to you than you were to others." The procession now moved forward with a slow and determined pace. It was enlightened by many blazing links and torches ; for the actors of this work were so far from affecting any secrecy on the occasion, that they seemed even to court observation. Their prin- cipal leaders kept close to the person of the prisoner, whose pallid yet stubborn features were seen distinctly by the torch-light, as his person was raised considerably above the concourse which thronged around him. Those who bore swords, muskets, and battle-axes, marched on each side, as if forming a regular guard to the pro- 62 THE HEART OF MID-LOTHIAN. cession. The windows, as they went along, were filled with the inhabitants, whose slumbers had been broken by this unusual dis- turbance. Some of the spectators muttered accents of encourage- ment; but in general they were so much appalled by a sight so strange and audacious, that they looked on with a sort of stupified astonishment. No one offered, by act or word, the slightest inter- ruption. The rioters, on their part, continued to act with the same air of deliberate confidence and security which had marked all their pro- ceedings. When the object of their resentment dropped one of his slippers, they stopped, sought for it, and replaced it upon his foot with great deliberation* As- they descended the Bow towards the fatal spot where they designed to complete their purpose, it was suggested that there should be a rope kept in readiness. For this purpose the booth of a man who dealt in cordage was forced open, a coil of rope fit for their purpose was selected to serve as a halter, and the dealer next morning found that a guinea had been left on his counter in exchange ; so anxious were the perpetrators of this daring action to show that they meditated not the slightest wrong or infraction of law, excepting so far as Porteous was himself concerned. Leading, or carrying along with them, in this determined and regular manner, the object of their vengeance, they at length reached the place of common execution, the scene of his crime, and destined spot of his sufferings. Several of the rioters (if they should not rather be described as conspirators) endeavoured to remove the stone which filled up the socket in which the end of the fatal tree was sunk when it was erected for its fatal purpose ; others sought for the means of constructing a temporary gibbet, the place in which the gallows itself was-deposited being reported too secure to be forced, without much lpss of time. Butler endeavoured to avail himself of the delay afforded by these circumstances, to turn the people from their desperate design. " For God's sake," he ex- claimed, " remember it is the image of your Creator which you are about to deface in the person of this unfortunate man ! Wretched as he is, and wicked as he may be, he has a share in every promise of Scripture, and you cannot destroy him in impenitence without blotting his name from the Book of Life — Do not destroy soul and body ; give time for preparation." '■ What time had they," returned a stern voice, " whom he mur- dered on this very spot ? — The laws both of God and man call for his death." "But what, my friends," insisted Butler, with a generous dis- regard to his own safety— " what hath constituted you his judges ? " " We are not his judges," replied the same person ; " he has been ' already judged and condemned by lawful authority. We are those whom Heaven and our righteous anger, have stirred up to execute judgment, when a corrupt government would have protected a murderer." " I am none," said the unfortunate Porteous ; " that which you THE HEART OF MID-LOTHIAN. 63 charge upon me fell out in self-defence, in the lawful exercise of my duty." " Away with him — away with him ! " was the general cry. " Why do you trifle away time in making a gallows ? — that dyester's pole is good enough for the homicide." The unhappy man was forced to his fate with remorseless rapidity. Butler, separated from him by the press, escaped the last horrors of his struggles. Unnoticed by those who had hitherto detained him as a prisoner, he fled from the fatal spot, without much caring in what direction his course lay. A loud shout proclaimed the stern delight with which the agents of this deed regarded its completion. Butler, then, at the opening into the low street called the Cowgate, cast back a terrified glance, and, by the red and dusky light of the torches, he could discern a figure wavering and struggling as it hung suspended above the heads of the multitude, and could even observe men striking at it with their Lochaber-axes and partizans. The sight was of a nature to double his horror, and to add wings to his flight. The street down which the fugitive ran, opens to one of the eastern ports or gates of the city. Butler did not stop till he reached it, but found it still shut. He waited nearly an hour, walking up and down in inexpressible perturbation of mind. At length he ventured to call out, and rouse the attention of the terrified keepers of the gate, who now found themselves at liberty to resume their office without interruption. Butler requested them to open the gate. They hesitated. He told them his name and occupation. " He is a preacher," said one ; " I have heard him preach in Haddo's-hole." " A fine preaching has he been at the night," said another ; " but maybe least said is sunest mended." Opening then the wicket of the main-gate, the keepers suffered Butler to depart, who hastened to carry his horror and fear beyond the walls of Edinburgh. His first purpose was, instantly to take the road homeward ; but other fears and cares, connected with the news he had learned in that remarkable day, induced him to linger in the neighbourhood of Edinburgh until daybreak. More than one group of persons passed him as he was whileing away the hours of darkness that yet remained, whom, from the stifled tones of their discourse, the unwonted hour when they travelled, and the hasty pace at which they walked, he conjectured to have been engaged in the late fatal transaction. Certain it was, that the sudden and total dispersion of the rioters, when their vindictive purpose was accomplished, seemed not the least remarkable feature of this singular affair. In general, what- ever may be the impelling motive by which a mob is at first raised, the attainment of their object has usually been only found to lead the way to farther excesses. But not so in the present case. They seemed completely satiated with the vengeance they "had prosecuted with such stanch and sagacious activity. When they were fully satisfied that life had abandoned their victim, they dispersed in every direc- tion, throwing down the weapons which they had only assumed to 64 THE HEART OF MID-LOTHIAN. enable them to carry through their purpose. At daybreak there remained not the least token of the events of the night, excepting the corpse of Porteous, which still hung suspended in the place where he had suffered, and the arms of various kinds which the rioters had taken from the city guard-house, which were found scattered about the streets as they had thrown them from their hands, when the purpose for which they had seized them was accomplished. The ordinary magistrates of the city resumed their power, not without trembling at the late experience of the fragility of its tenure. To march troops into the city, and commence a severe inquiry into the transactions of the preceding night, were the first marks of re- turning energy which they displayed. But these events had been conducted on so secure and well-calculated a plan of safety and secrecy, that there was little or nothing learned to throw light upon the authors or principal actors in a scheme so audacious. An ex- press was despatched to London with the tidings, where they excited great indignation and surprise in the council of regency, and particularly in the bosom of Queen Caroline, who considered her own authority as exposed to contempt by the success of this singular conspiracy. Nothing was spoke of for some time save the measure of vengeance which should be taken, not only on the actors of this tragedy, so soon as they should be discovered, but upon the magistrates who had suffered it to take place, and upon the city which had been the scene where it was exhibited. On this occasion, it is still recorded in popular tradition, that her Majesty, in the height of her displeasure, told the celebrated John, Duke of Argyle, that, sooner than submit to such an insult, she would make Scot- land a hunting-field. " In that case, Madam," answered that high- spirited nobleman, with a profound bow, " I will take leave of your Majesty, and go down to my own country to get my hounfls ready." The import of the reply had more than met the ear ; and as most of the Scottish nobility and gentry seemed actuated by the same national spirit, the royal displeasure was necessarily checked in mid-volley, and milder courses were recommended and adopted, to some of which we may hereafter have occasion to advert.* CHAPTER VIII. Arthur's Seat shall be my bed, The sheets shall ne'er be press'd by me ; St. Anton's well shall be my drink, Sin' my true-love's forsaken me. Old Song. If I were to choose a spot from which the rising or setting sun could be seen to the greatest possible advantage, it would be that wild path winding around the foot of the high belt of semicircular rocks, called Salisbury Crags, and marking the verge of the steep descent which slopes down into the glen on the south-eastern side of the city of Edinburgh. The prospect, in its general outline, THE HEART OF MID-LOTHIAN. 65 commands a close-built, high-piled city, stretching itself out beneath in a form, which, to a romantic imagination, may be supposed to represent that of a dragon ; now, a noble arm of the sea, with its rocks, isles, distant shores, and boundary of mountains ; and now, a fair and fertile champaign country, varied with hill, dale, and rock, and skirted by the picturesque ridge of the Pentland Mountains. But as the path gently circles around the base of the cliffs, the prospect, composed as it is of these enchanting and sublime objects, changes at every step, and presents them blended with, or divided from, each other, in every possible variety which can gratify the eye and the imagination. When a piece of scenery so beautiful, yet so varied, — so exciting by its intricacy, and yet so sublime, — is lighted up by the tints of morning or of evening, and displays all that variety of shadowy depth, exchanged with partial brilliancy, which gives character even to the tamest of landscapes, the effect approaches near to enchantment. This path used to be my favourite evening and morning resort, when engaged with a favourite author, or new subject of study. It is, I am informed, now become totally impassable ; a circumstance which, if true, reflects little credit on the taste of the Good Town or its leaders.* It was from this fascinating path — the scene to me of so much delicious musing, when life was young and promised to be happy, that I have been unable to pass it over without an episodical description — it was, I say, from this romantic path that Butler saw the morning arise the day after the murder of Porteous. It was possible for him with ease to have found a much shorter road to the house to which he was directing his course, and, in fact, that which he chose was extremely circuitous. But to compose his own spirits, as well as to while away the time, until a proper hour for visiting the family without surprise or disturbance, he was induced to extend his circuit by the foot of the rocks, and to linger upon his way until the morning should be considerably advanced. While, now standing with his arms across, and waiting the slow progress of the sun above the horizon, now sitting upon one of the numerous fragments which storms had detached from the rocks above him, he is meditating, alternately, upon the horrible catastrophe which he had witnessed, and upon the melancholy, and to him most interesting, news which he had learned at Saddletree's, we will give the reader to understand who Butler was, and how his fate was connected with that of Effie Deans, the unfortunate handmaiden of the careful Mrs. Saddletree. Reuben Butler was of English extraction, though born in Scot- land. His grandfather was a trooper in Monk's army, and one of the party of dismounted dragoons which formed the forlorn hope at the storming of Dundee in 165 1. Stephen Butler (called, from his talents in reading and expounding, Scripture Stephen, and Bible Butler) was a stanch Independent, and received in its fullest com- prehension the promise that the saints should inherit the earth. As hard knocks were what had chiefly fallen to his share hitherto in the division of this common property, he lost not the opportunity which the storm and plunder of a commercial place afforded him, 66 THE HEART OF MID-LOTHIAN. to appropriate as large a share of the better things of this world as he could possibly compass. It would seem that he had succeeded indifferently well, for his exterior circumstances appeared, in conse- quence of this event, to have been much mended. The troop to which he belonged was quartered at the village of Dalkeith, as forming the body-guard of Monk, who, in the capacity of general for the Commonwealth, resided in the neighbouring castle. When, on the eve of the Restoration, the general com- menced his march from Scotland, a measure pregnant with such important consequences, he new-modelled his troops, and more especially those immediately about his person, in order that they might consist entirely of individuals devoted to himself. On this occasion, Scripture Stephen was weighed in the balance, and found wanting. It was supposed he felt no call to any expedition which might endanger the reign of the military sainthood, and that he did not consider himself as free in conscience to join with any party which might be likely ultimately to acknowledge the interest of Charles Stewart, the son of "the last man," as Charles I. was familiarly and irreverently termed by them in their common discourse, as well as in their more elaborate predications and harangues. As the time did not admit of cashiering such dissi- dents, Stephen Butler was only advised in a friendly way to give up his horse and accoutrements to one of Middleton's old troopers, who possessed an accommodating conscience of a military stamp, , and which squared itself chiefly upon those of the Colonel and pay- master. As this hint came recommended by a certain sum of arrears presently payable, Stephen had carnal wisdom enough to embrace the proposal, and with great indifference saw his old corps depart for Coldstream, on their route for the south, to establish the tottering government of England on a new basis. The zone of the ex-trooper, to use Horace's phrase, was weighty enough to purchase a cottage and two or three fields (still known by the name of Beersheba), within about a Scottish mile of Dal- keith ; and there did Stephen establish himself with a youthful helpmate, chosen out of the said village, whose disposition to a comfortable settlement on this side of the grave reconciled her to the gruff manners, serious temper, and weather-beaten features of the martial enthusiast. Stephen did not long survive the falling on " evil days and evil tongues," of which Milton, in the same pre- dicament, so mournfully complains. At his death his consort remained an early widow, with a male child of three years old, which, in the sobriety wherewith it demeaned itself, in the old- fashioned and even grim cast of its features, and in its sententious mode of expressing itself, would sufficiently have vindicated the honour of the widow of Beersheba, had any one thought proper to challenge the babe's descent from Bible Butler. Butler's principles had not descended to his family, or extended themselves among his neighbours. The air of Scotland was alien to the growth of independency, however favourable to fanaticism under other colours. But, nevertheless, they were not forgotten ; and a certain neighbouring Laird, who piqued himself upon the THE HEART OF MID-LOTHIAN. 67 loyalty of his principles " in the worst of times " (though I never heard they exposed him to more peril than that of a broken head, or a night's lodging in the main guard, when wine and cavalierism predominated in his upper story), had found it a convenient thing to rake up all matter of accusation against the deceased Stephen. In this enumeration his religious principles made no small figure, as, indeed, they must have seemed of the most exaggerated enor- mity to one whose own were so small and so faintly traced, as to be well-nigh imperceptible. In these circumstances, poor widow Butler was supplied with her full proportion of fines for non- conformity, and all the other oppressions of the time, until Beer- sheba was fairly wrenched out of her hands, and became the property of the Laird who had so wantonly, as it had hitherto appeared, persecuted this poor forlorn woman. When his purpose was fairly achieved, he showed some remorse or moderation, or whatever the reader may please to term it, in permitting her to occupy her husband's cottage, and cultivate on no very heavy terms, a croft of land adjacent. Her son, Benjamin, in the mean- while, grew up to man's estate, and, moved by that impulse which makes men seek marriage, even when its end can only be the per- petuation of misery, he wedded and brought a wife, and, eventually, a son, Reuben, to share the poverty of Beersheba. The Laird of Dumbiedikes * had hitherto been moderate in his exactions, perhaps because he was ashamed to tax too highly the miserable means of support which remained to the widow Butler. But when a stout active young fellow appeared as the labourer of the croft in question, Dumbiedikes began to think so broad a pair of shoulders might bear an additional burden. He regulated, indeed, his management of his dependents (who fortunately were but few in number) much upon the principle of the carters whom he observed loading their carts at a neighbouring coal-hill, and who never failed to clap an additional brace of hundred weights on their burden, so soon as by any means they had compassed a new horse of somewhat superior strength to that which had broken down the day before. However reasonable this practice appeared to the Laird of Dumbiedikes, he ought to have observed, that it may be overdone, and that it infers, as a matter of course, the destruction and loss of both horse, cart, and loading. Even so it befell when the additional " prestations " came to be demanded of Benjamin Butler. A man of few words, and few ideas, but attached to Beer- sheba with a feeling like that which a vegetable entertains to the ■ spot in which it chances to be planted, he neither remonstrated with the Laird, nor endeavoured to escape from him, but toiling night and day to accomplish the terms of his task-master, fell into a burning fever and died. His wife did not long survive him ; and as if it had been the fate of this family to be left orphans, our Reuben Butler was, about the year 1704-5, left in the same circum- stances in which his father had been placed, and under the same guardianship, being that of his grandmother, the widow of Monk's old trooper. The same prospect of misery hung over the head of another 68 THE HEART OF MID-LOTHIAN. tenant of this hard-hearted lord of the soil. This was a tough true- blue Presbyterian, called Deans, who, though most obnoxious to the Laird on account of principles in church and state, contrived to maintain his ground upon the estate by regular payment of mail- duties, kain, arriage, carriage, dry multure, lock, gowpen, and knaveship, and all the various exactions now commuted for money, and summed up in the emphatic word rent. But the years 1700 and 1 70 1, long remembered in Scotland for dearth and general distress, subdued the stout heart of the agricultural whig. Citations by the ground officer, decreets of the Baron Court, sequestrations., poindings of outside and inside plenishing, flew about his ears as fast as ever the tory bullets whistled around those of the Covenan- ters at Pentland, Bothwell-Brigg, or Airdsmoss. Struggle as he might, and he struggled gallantly, " Douce David Deans " was routed horse and foot, and lay at the mercy of his grasping land- lord just at the time that Benjamin Butler died. The fate of each family was anticipated ; but they who prophesied their expulsion to beggary and ruin, were disappointed by an accidental circum- stance. On the very term-day when their ejection should have taken place, when all their neighbours were prepared to pity, and not one to assist them, the minister of the parish, as well as a doctor from Edinburgh, received a hasty summons to attend the Laird of Dumbiedikes. Both were surprised, for his contempt for both faculties had been pretty commonly his theme over an extra bottle, that is to say, at least once every day. The leech for the soul, and he for the body, alighted in the court of the little old manor-house at almost the same time ; and when they had gazed a moment at each other with some surprise, they in the same breath expressed their conviction that Dumbiedikes must needs be very ill indeed, since he summoned them both to his presence at once. Ere the servant could usher them to his apartment the party was augmented by a man of law, Nichil Novit, writing himself procurator before the Sheriff-court, for in those days there were no solicitors. This latter personage was first summoned to the apartment of the Laird, where, after some short space, the soul-curer and the body-curer were invited to join him. Dumbiedikes had been by this time transported into the best bed-room, used only upon occasions of death and marriage, and called, from the former of these occupations, the Dead-Room. There were in this apartment, besides the sick person himself and Mr. Novit, the son and heir of the patient, a tall gawky silly-look- ing boy of fourteen or fifteen, and a housekeeper, a good buxom figure of a woman, betwixt forty and fifty, who had kept the keys and managed matters at Dumbiedikes since the lady's death. It was to these attendants that Dumbiedikes addressed himself pretty nearly in the following words ; temporal and spiritual matters, the care of his health and his affairs, being strangely jumbled in a head which was never one of the clearest. " These are sair times wi' me, gentlemen and neighbours! amaist as ill as at the aughty-nine, when I was rabbled by the college- THE HEART OF MID-LOTHIAN. 69 aners* — They mistook me muckle — they ca'd me a papist, but there was never a papist bit about me, minister. — Jock, ye'll take warning — it's a debt we maun a' pay, and there stands Nichil Novit that will tell ye I was never gude at paying debts in my life. — Mr. Novit, ye'll no forget to draw the annual rent that's due on the yerl's band — if I pay debt to other folk, I think they suld pay it to me — that equals aquals. — Jock, when ye hae naething else to do, ye may be aye sticking in a tree ; it will be growing, Jock, when ye're sleeping.* My father tauld me sae forty years sin', but I ne'er fand time to mind him — Jock, ne'er drink brandy in the morning, it files the stamach sair ; gin ye tak a morning's draught, let it be aqua mirabilis ; Jenny there maks it weel. — Doctor, my breath is growing as scant as a broken- winded piper's, when he has played for four-and-twenty hours at a penny wedding. — Jenny, pit the cod aneath my head — but it's a' needless ! Mass John, could ye think o' rattling ower some bit short prayer, it wad do me gude maybe, and keep some queer thoughts out o' my head. Say some- thing, man." " I cannot use a prayer like a rat-rhyme,'* answered the honest clergyman ; " and if you would have your soul redeemed like a prey from the fowler, Laird, you must needs show me your state of mind." " And shouldna ye ken that without my telling you ? " answered the patient. "What 1 have I been paying stipend and teind, par- sonage and vicarage, for, ever sin' the aughty-nine, an I canna get a spell of a prayer fort, the only time I ever asked for ane in my life ? — Gang awa wi' your whiggery, if that's a' ye can do ; auld Curate Kiltstoup wad hae read half the Prayer-book to me by this time — Awa wi' ye ! — Doctor, let's see if ye can do onything better for me." The Doctor, who had obtained some information in the mean- while from the housekeeper on the state of his complaints, assured him the medical art could not prolong his life many hours. " Then damn Mass John and you baith ! " cried the furious and intractable patient. " Did ye come here for naething but to tell me that ye canna help me at the pinch ? Out wi' them, Jenny — out o' the house ! and, Jock, my curse, and the curse of Cromwell, go wi' ye, if ye gie them either fee or bountith, or sae muckle as a black pair o' cheverons ! " (gloves.) The clergyman and doctor made a speedy retreat out of the apartment, while Dumbiedikes fell into one of those transports of violent and profane language, which had procured him the surname of Damn-me-dikes. " Bring me the brandy bottle, Jenny, ye b— — j* he cried, with a voice in which passion contended with pain. " I can die as I have lived, without fashing' ony o' them. But there's ae thing," he said, sinking his voice — " there's ae fearful thing hings about my heart, and an anker of brandy winna wash it away. — The Deanses at Woodend ! — I sequestrated them in the dear years, and now they are to flit, they'll starve — and that Beer- sheba, and that auld trooper's wife and her oe, they'll starve— they'll starve ! — Look out, Jock ; what kind o' nicht is't ? " 70 THE HEART OF MID-LOTHIAN. " On-ding o' snaw, father," answered Jock, after having opened the window, and looked out with great composure. "They'll perish in the drifts !" said the expiring sinner— "they'll perish wi' cauld !— but I'll be het eneugh, gin a' tales be true." This last observation was made under breath, and in a tone which made the very attorney shudder. He tried his hand at ghostly advice, probably for the first time in his life, and recom- mended, as an opiate for the agonized conscience of the Laird, re- paration of the injuries he had done to these distressed families, which, he observed by the way, the civil law called restitutio in integrum. But Mammon was struggling with Remorse for retaining his place in a bosom he had so long possessed ; and he partly succeeded, as an old tyrant proves often too strong for his insurgent rebels. " I canna do't," he answered, with a voice of despair. " It would kill me to do't — how can ye bid me pay back siller, when ye ken how I want it? or dispone Beersheba, when it lies sae weel into my ain plaid-nuik? Nature made Dumbiedikes and Beersheba to be ae man's land — She did, by— — . Nichil, it wad kill me to part them." " But ye maun die, whether or no, Laird," said Mr. Novit ; " and maybe ye wad die easier — it's but trying. I'll scroll the disposition in nae time." " Dinna speak o't, sir," replied Dumbiedikes, " or I'll fling the stoup at your head. — But, Jock, lad, ye see how the warld warstles wi' me on my death-bed — be kind to the puir creatures the Deanses and the Butlers — be kind to them, Jock. Dinna let the warld get a grip o' ye, Jock — but keep the gear thegither ! and whate'er ye do, dispone Beersheba at no rate. Let the creatures stay at a moderate mailmg, and hae bite and soup ; it will maybe be the better wi' your father whare he's gaun, lad." After these contradictory instructions, the Laird felt his mind so much at ease, that he drank three bumpers of brandy continuously, and "soughed awa," as Jenny expressed it, in an attempt to sing " Deil stick the minister." His death made a revolution in favour of the distressed families. John Dumbie, now of Dumbiedikes, in his own right, seemed to be close and selfish enough ; but wanted the grasping spirit and active mind of his father ; and his guardian happened to agree with him in opinion, that his father's dying recommendation should b© attended to. The tenants, therefore, were not actually turned out of doors among the snow wreaths, and were allowed wherewith to procure butter-milk and peas-bannocks, which they ate under the full force of the original malediction. The cottage of Deans, called Woodend, was not very distant from that at Beersheba. Formerly there had been little intercourse between the families. Deans was a sturdy Scotsman, with all sorts of prejudices against the southern, and the spawn of the southern. Moreover, Deans was, as we have said, a stanch presbyterian, of the most rigid and unbending ad- herence to what he conceived to be the only possible straight line, as he was wont to express himself, between right-hand heats and extremes, and left-hand defections ; and therefore, he held in high THE HEART OF MID-LOTHIAN. 7t dread and horror all independents, and whomsoever he supposed allied to them. But, notwithstanding these national prejudices and religious pro- fessions, Deans and the widow Butler were placed in such a situa- tion, as naturally and at length created some intimacy between the families. They had shared a common danger and a mutual deliverance. They needed each other's assistance, like a company, who, crossing a mountain stream, are compelled to cling close together, lest the current should be too powerful for any who are not thus supported. On nearer acquaintance, too, Deans abated some of his preju- dices. He found old Mrs. Butler, though not thoroughly grounded m the extent and bearing of the real testimony against the defec- tions of the times, had no opinions in favour of the independent party ; neither was she an English woman. Therefore, it was to be hoped, that, though she was the widow of an enthusiastic corporal of Cromwell's dragoons, her grandson might be neither schismatic nor anti-national, two qualities concerning which Good- man Deans had as wholesome a terror as against papists and malignants. Above all, (for Douce Davie Deans had his weak side,) he perceived that widow Butler looked up to him with rever- ence, listened to his advice, and compounded for an occasional fling at the doctrines of her deceased husband, to which, as we have seen, she was by no means warmly attached, in consideration of the valuable counsels which the presbyterian afforded her for the management of her little farm. These usually concluded with, " they may do otherwise in England, neighbour Butler, for aught I ken ; " or, " it may be different in foreign parts ; " or, "they wha think differently on the great foundation of our covenanted refor- mation, overturning and mishguggling the government and dis- cipline of the kirk, and breaking down the carved work of our Zion, might be for sawing the craft wi' aits j but I say pease, pease." And as his advice was shrewd and sensible, though con- ceitedly given, it was received with gratitude, and followed with respect. The intercourse which took place betwixt the families at Beer- sheba and Woodend, hecame strict and intimate, at a very early period, betwixt Reuben Butler, with whom the reader is already in some degree acquainted, and Jeanie Deans, the only child of Douce Davie Deans by his first wife, " that singular Christian woman," as he was wont to express himself, " whose name was savoury to all that knew her for a desirable professor, Christian Menzies in Hoch- magirdle." The manner of which intimacy, and the consequences thereof, we now proceed to relate. 73 THE HEART OF MID-LOTHIAN. CHAPTER IX. Reuben and Rachel, though as fond as doves, Were yet discreet and cautious in their loves, Nor would attend to Cupid's wild commands, Till cool reflection bade them join their hands. When both were poor, they thought it argued ill Of hasty love to make them poorer still. Crabbe's Parish Register. WHILE widow Butler and widower 1 Deans struggled with poverty, and the hard and sterile soil of those " parts and portions " of the lands of Dumbiedikes which it was their lot to occupy, it became gradually apparent that Deans was to gain the strife, and his ally in the conflict was to lose it. The former was a man, and not much past the prime of life— Mrs. Butler a woman, and declined into the vale of years. This, indeed, ought in time to have been balanced by the circumstance, that Reuben was growing up to assist his grandmother's labours, and that Jeanie Deans, as a girl, could be only supposed to add to her father's burdens. But Douce Davie Deans knew better things, and so schooled and trained the young minion, as he called her, that from the time she could walk, up- wards, she was daily employed in some task or other suitable to her age and capacity ; a circumstance which, added to her father's daily instructions and lectures, tended to give her mind, even when a child, a grave, seiious, firm, and reflecting cast. An uncommonly strong and healthy temperament, free from all nervous affection and every other irregularity, which, attacking the body in its more noble functions, so often influences the mind, tended greatly to establish this fortitude, simplicity, and decision of character. On the other hand, Reuben was weak in constitution, and, though not timid in temper, might be safely pronounced anxious, doubtful, and apprehensive. He partook of the temperament of his mother, who had died of a consumption in early age. He was a pale, thin, feeble, sickly boy, and somewhat lame, from an acci- dent in early youth. He was, besides, the child of a doting grand- mother, whose too solicitous attention to him soon taught him a sort of diffidence in himself, with a disposition to overrate his own importance, which is one of the very worst consequences that chil- dren deduce from over-indulgence. Still, however, the two children clung to each other's society, not more from habit than from taste. They herded together the handful of sheep, with the two or three cows, which their parents turned out rather to seek food than actuallyto feed upon the unenclosed common of Dumbiedikes. It was there that the two urchins might be seen seated beneath a blooming bush of whin, their little faces laid close together under the shadow of the same plaid drawn over both their heads, while the landscape around was embrowned by an oversha- dowing cloud, big with the shower which had driven the children to shelter. On other occasions they went together to school, the THE HEART OF MID-LOTHIAN. 73 boy receiving that encouragement and example from his com- panion, in crossing the little brooks which intersected their path, and encountering cattle, dogs, and other perils, upon their journey, which the male sex in such cases usually consider it as their pre- rogative to extend to the weaker. But when, seated on the benches of the school-house, they began to con their lessons together, Reuben, who was as much superior to Jeanie Deans in acuteness of intellect, as inferior to her in firmness of constitution, and in that insensibility to fatigue and danger which depends on the conforma- tion of the nerves, was able fully to requite the kindness and coun- tenance with which, in other circumstances, she used to regard him. He was decidedly the best scholar at the little parish school ; and so gentle was his temper and disposition, that he was rather ad- mired than envied by the little mob who occupied the noisy man- sion, although he was the declared favourite of the master. Several girls, in particular, (for in Scotland they are taught with the boys,) longed to be kind to, and comfort the sickly lad, who was so much cleverer than his companions. The character of Reuben Butler was so calculated as to offer scope both for their sympathy and their admiration, the feelings, perhaps, through which the female sex (the more deserving part of them at least) is more easily attached. But Reuben, naturally reserved and distant, improved none of these advantages ; and only became more attached to Jeanie Deans,- as the enthusiastic approbation of his master assured him of fair prospects in future life, and awakened his ambition. In the meantime, every advance that Reuben made in learning (and, con- sidering his opportunities, they were uncommonly great) rendered him less capable of attending to the domestic duties of his grand- mother's farm. While studying the pons asinorum in Euclid, he suffered every cuddie upon the common to trespass upon a large field of peas belonging to the Laird, and nothing but the active ex- ertions of Jeanie Deans, with her little dog Dustiefoot, could have saved great loss and consequent punishment. Similar miscarriages marked his progress in his classical studies. He read Virgil's Georgics till he did not know bear from