"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 inmates. Why should not the Tolbooth have its 'Last Speech, Confession, and Dying Words?' The old stones would be just as conscious of the honour as many a poor devil who has dangled like a ta.s.sel 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 either, for they may have as much food as they have money to buy, and 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 guilt, crime, imposture, folly, unheard-of misfortunes, and unlooked-for change of fortune, can be found to chequer life, my Last Speech of the Tolbooth should ill.u.s.trate with examples sufficient to gorge even the public's all-devouring appet.i.te for the wonderful and horrible. The inventor of fict.i.tious narratives has to rack his brains for means 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, _enle'vement,_ the desperate wound of which the hero never dies, the burning 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 pa.s.sage, rather with too much than too little emphasis:--

Much have I feared, but am no more afraid, When some chaste beauty by some wretch betrayed, Is drawn away with such distracted speed, That she antic.i.p.ates a dreadful deed.

Not so do I--Let solid walls impound The captive fair, and dig a moat around; 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 dare not fall, And help so distant, 'tis in vain to call; Still means of freedom will some Power devise, And from the baffled ruffian s.n.a.t.c.h his prize.

"The end of uncertainty," he concluded, "is the death of interest; and hence it happens that no one now reads novels."

"Hear him, ye G.o.ds!" returned his companion. "I a.s.sure 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 Inst.i.tutes, 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 Delilahs seduce my wisers and my betters?

May they not be found lurking amidst the multiplied memorials of our most distinguished counsel, and even peeping 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 gla.s.s, however, in the meanwhile. Was it not for many years 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, powerful, and agitating interest?--Oh! do but wait till I publish the _Causes Ce'le'bres_ 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 praevalebit._"

"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 pa.s.sion, producing crimes of an extraordinary description, which are precisely those to the detail of which we listen with thrilling interest. England has been much longer a highly civilised 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 cla.s.s in society, subdivided among themselves according to the subject of the depredations, and the mode in which they carry them on, acting upon regular habits and principles, which can be calculated and antic.i.p.ated 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 that the facts which his erudition and acuteness have acc.u.mulated for the ill.u.s.tration 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 Ce'le'bres._ 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 crises in judges, ignorant, partial, or interested--by the habits of the gentry, shut up in their distant and solitary mansion-houses, nursing their revengeful Pa.s.sions just to keep their blood from stagnating--not to mention that amiable national qualification, called the _perfervidum ingenium Scotorum,_ 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 circ.u.mstances 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 canva.s.s 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 immemorial. 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 detention, 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 "Pet.i.tions and complaints" to which they were likely to give rise.

In the midst of an anxious, animated, and, to me, most unintelligible discussion, concerning provosts, bailies, deacons, sets of boroughs, leets, town-clerks, burgesses resident and non-resident, 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 _cess...o...b..norum._ 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 imprisonment. After a month's confinement, you must know, a prisoner for debt is ent.i.tled, 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 everything but briefs and bank-notes?

* [A well-known debating club in Edinburgh.]

Can you not state a case of _cessio_ without your memorial? Why, it is done every Sat.u.r.day. 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 jurisprudence, 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 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. Everything retrograded 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 ash.o.r.e, you will leave him half naked on the beach to provide for himself?" 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 Ce'le'bres_ of Scotland. Imboldened by the kindness with which he was treated, Mr. Dunover began to contribute his share to the amus.e.m.e.nt 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 ill.u.s.trate 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 pa.s.sed 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 amus.e.m.e.nt 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 ent.i.tled to particular despatch; but which, it is thought, nevertheless, 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 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 reader 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.

THE HEART OF MIDLOTHIAN

CHAPTER FIRST.

Whoe'er's been at Paris must needs know the Gre've, 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 baulked, and their hopes no more crossed.

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 Street. In Edinburgh, a large open street, or rather oblong square, surrounded by high houses, called the Gra.s.smarket, was used for the same melancholy purpose. It was not ill chosen for such a scene, being of considerable extent, and therefore fit to accommodate a great number of spectators, such as are usually a.s.sembled 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 Gra.s.smarket 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 was 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 Gra.s.smarket. 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 schoolboys, when I was one of their number, used to regard these ominous signs of deadly preparation. On the 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 clergymen, 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 punishment 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 consideration of which alone, unless in very particular cases, capital sentences 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 s.p.a.ce around began to be occupied by several groups, who gazed on the scaffold and gibbet with a stern and vindictive show of satisfaction very seldom testified by the populace, whose good nature, in most cases, forgets the crime of the condemned 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 mult.i.tude. The tale is well known; yet it is necessary to recapitulate its leading circ.u.mstances, for the better understanding 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 intelligible 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 countries 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. Smuggling 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 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 attention, 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 prepared for evil, opportunity is seldom long wanting. This Wilson learned that the Collector of the Customs at Kirkcaldy had come to Pittenweem, in the course of his official round of duty, with a considerable 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 revenue. He a.s.sociated 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 a.s.sociates, entering the Collector's apartment, while Robertson, the fourth, kept watch at the door with a drawn cutla.s.s in his hand. The officer of the customs, conceiving his life in danger, escaped out of his bedroom window, and fled in his shirt, so that the plunderers, with much ease, possessed themselves of about two hundred pounds of public money. The robbery was committed in a very audacious manner, for several persons were pa.s.sing 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 pa.s.sed 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 pertinacious of his opinion. His comrade, Robertson, a young and slender man, proposed to make the experiment of pa.s.sing the foremost through the gap they had made, and enlarging it from the outside, if necessary, to allow Wilson free pa.s.sage. Wilson, however, insisted on making the first experiment, and being a robust and l.u.s.ty 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 circ.u.mstances discovery became unavoidable, and sufficient precautions were taken by the jailor to prevent any repet.i.tion 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 considerable influence, would not have engaged in the criminal enterprise 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 feelings 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 congregation, it was thought it could not but be impressive and affecting, 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.