The Heart of Mid-Lothian, Volume 2 by Walter Scott (best e book reader android txt) 📗
- Author: Walter Scott
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The production of the executioner in open court, and in presence of the wretched criminal, had something in it hideous and disgusting to the more refined feelings of later times. But if an old tradition of the Parliament House of Edinburgh may be trusted, it was the following anecdote which occasioned the disuse of the Dempster's office.
It chanced at one time that the office of public executioner was vacant. There was occasion for some one to act as Dempster, and, considering the party who generally held the office, it is not wonderful that a locum tenens was hard to be found. At length, one Hume, who had been sentenced to transportation, for an attempt to burn his own house, was induced to consent that he would pronounce the doom on this occasion. But when brought forth to officiate, instead of repeating the doom to the criminal, Mr. Hume addressed himself to their lordships in a bitter complaint of the injustice of his own sentence. It was in vain that he was interrupted, and reminded of the purpose for which he had come hither; "I ken what ye want of me weel eneugh," said the fellow, "ye want me to be your Dempster; but I am come to be none of your Dempster, I am come to summon you, Lord T, and you, Lord E, to answer at the bar of another world for the injustice you have done me in this." In short, Hume had only made a pretext of complying with the proposal, in order to have an opportunity of reviling the Judges to their faces, or giving them, in the phrase of his country, "a sloan." He was hurried off amid the laughter of the audience, but the indecorous scene which had taken place contributed to the abolition of the office of Dempster. The sentence is now read over by the clerk of court, and the formality of pronouncing doom is altogether omitted.
[The usage of calling the Dempster into court by the ringing of a hand-bell, to repeat the sentence on a criminal, is said to have been abrogated in March 1773.]
NOTE O.—John Duke of Argyle and Greenwich.
This nobleman was very dear to his countrymen, who were justly proud of his military and political talents, and grateful for the ready zeal with which he asserted the rights of his native country. This was never more conspicuous than in the matter of the Porteous Mob, when the ministers brought in a violent and vindictive bill, for declaring the Lord Provost of Edinburgh incapable of bearing any public office in future, for not foreseeing a disorder which no one foresaw, or interrupting the course of a riot too formidable to endure opposition. The same bill made provision for pulling down the city gates, and abolishing the city guard,—rather a Hibernian mode of enabling their better to keep the peace within burgh in future.
The Duke of Argyle opposed this bill as a cruel, unjust, and fanatical proceeding, and an encroachment upon the privileges of the royal burghs of Scotland, secured to them by the treaty of Union. "In all the proceedings of that time," said his Grace, "the nation of Scotland treated with the English as a free and independent people; and as that treaty, my Lords, had no other guarantee for the due performance of its articles, but the faith and honour of a British Parliament, it would be both unjust and ungenerous, should this House agree to any proceedings that have a tendency to injure it."
Lord Hardwicke, in reply to the Duke of Argyle, seemed to insinuate, that his Grace had taken up the affair in a party point of view, to which the nobleman replied in the spirited language quoted in the text. Lord Hardwicke apologised. The bill was much modified, and the clauses concerning the dismantling the city, and disbanding the guard, were departed from. A fine of L2000 was imposed on the city for the benefit of Porteous's widow. She was contented to accept three-fourths of the sum, the payment of which closed the transaction. It is remarkable, that, in our day, the Magistrates of Edinburgh have had recourse to both those measures, hold in such horror by their predecessors, as necessary steps for the improvement of the city.
It may be here noticed, in explanation of another circumstance mentioned in the text, that there is a tradition in Scotland, that George II., whose irascible temper is said sometimes to have hurried him into expressing his displeasure par voie du fait, offered to the Duke of Argyle in angry audience, some menace of this nature, on which he left the presence in high disdain, and with little ceremony. Sir Robert Walpole, having met the Duke as he retired, and learning the cause of his resentment and discomposure, endeavoured to reconcile him to what had happened by saying, "Such was his Majesty's way, and that he often took such liberties with himself without meaning any harm." This did not mend matters in MacCallummore's eyes, who replied, in great disdain, "You will please to remember, Sir Robert, the infinite distance there is betwixt you and me." Another frequent expression of passion on the part of the same monarch, is alluded to in the old Jacobite song—
The fire shall get both hat and wig, As oft-times they've got a' that.NOTE P.—Expulsion of the Bishops from the Scottish Convention.
For some time after the Scottish Convention had commenced its sittings, the Scottish prelates retained their seats, and said prayers by rotation to the meeting, until the character of the Convention became, through the secession of Dundee, decidedly Presbyterian. Occasion was then taken on the Bishop of Ross mentioning King James in his prayer, as him for whom they watered their couch with tears. On this the Convention exclaimed, they had no occasion for spiritual Lords, and commanded the Bishops to depart and return no more, Montgomery of Skelmorley breaking at the same time a coarse jest upon the scriptural expression used by the prelate. Davie Deans's oracle, Patrick Walker, gives this account of their dismission.
"When they came out, some of the Convention said they wished the honest lads knew they were put out, for then they would not get away with haill (whole) gowns. All the fourteen gathered together with pale faces, and stood in a cloud in the Parliament Close; James Wilson, Robert Neilson, Francis Hislop, and myself, were standing close by them; Francis Hislop with force thrust Robert Neilson upon them, their heads went hard on one another. But there being so many enemies in the city fretting and gnashing the teeth, waiting for an occasion to raise a mob, when undoubtedly blood would have been shed, and having laid down conclusions amongst ourselves to avoid giving the least occasion to all mobs, kept us from tearing off their gowns.
"Their graceless Graces went quickly off, and there was neither bishop nor curate seen in the street—this was a surprising sudden change not to be forgotten. Some of us would have rejoiced near them in large sums to have seen these Bishops sent legally down the Bow that they might have found the weight of their tails in a tow to dry their tow-soles; that they might know what hanging was, they having been active for themselves and the main instigators to all the mischiefs, cruelties, and bloodshed of that time, wherein the streets of Edinburgh and other places of the land did run with the innocent precious dear blood of the Lord's people."—Life and Death of three famous Worthies (Semple, etc.), by Patrick Walker. Edin. 1727, pp. 72, 73.
NOTE Q.—Half-hanged Maggie Dickson.
[In the Statistical Account of the Parish of Inveresk (vol. xvi. p. 34), Dr. Carlyle says, "No person has been convicted of a capital felony since the year 1728, when the famous Maggy Dickson was condemned and executed for child-murder in the Grassmarket of Edinburgh, and was restored to life in a cart on her way to Musselburgh to be buried . . . . . She kept an ale-house in a neighbouring parish for many years after she came to life again, which was much resorted to from curiosity." After the body was cut down and handed over to her relatives, her revival is attributed to the jolting of the cart, and according to Robert Chambers,—taking a retired road to Musselburgh, "they stopped near Peffer-mill to get a dram; and when they came
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