In the course of these inquiries, two circ.u.mstances happened material to our story. Butler, after a close investigation of his conduct, was declared innocent of accession to the death of Porteous; but, as having been present during the whole transaction, was obliged to find bail not to quit his usual residence at Liberton, that he might appear as a witness when called upon. The other incident regarded the disappearance of Madge Wildfire and her mother from Edinburgh. When they were sought, with the purpose of subjecting them to some farther interrogatories, it was discovered by Mr. Sharpitlaw that they had eluded the observation of the police, and left the city so soon as dismissed from the council-chamber. No efforts could trace the place of their retreat.

In the meanwhile the excessive indignation of the Council of Regency, at the slight put upon their authority by the murder of Porteous, had dictated measures, in which their own extreme desire of detecting the actors in that conspiracy were consulted in preference to the temper of the people and the character of their churchmen. An act of Parliament was hastily pa.s.sed, offering two hundred pounds reward to those who should inform against any person concerned in the deed, and the penalty of death, by a very unusual and severe enactment, was denounced against those who should harbour the guilty. But what was chiefly accounted exceptionable, was a clause, appointing the act to be read in churches by the officiating clergyman, on the first Sunday of every month, for a certain period, immediately before the sermon. The ministers who should refuse to comply with this injunction were declared, for the first offence, incapable of sitting or voting in any church judicature, and for the second, incapable of holding any ecclesiastical preferment in Scotland.

This last order united in a common cause those who might privately rejoice in Porteous's death, though they dared not vindicate the manner of it, with the more scrupulous Presbyterians, who held that even the p.r.o.nouncing the name of the "Lords Spiritual" in a Scottish pulpit was, _quodammodo,_ an acknowledgment of prelacy, and that the injunction of the legislature was an interference of the civil government with the _jus divinum_ of Presbytery, since to the General a.s.sembly alone, as representing the invisible head of the kirk, belonged the sole and exclusive right of regulating whatever pertained to public worship. Very many also, of different political or religious sentiments, and therefore not much moved by these considerations, thought they saw, in so violent an act of parliament, a more vindictive spirit than became the legislature of a great country, and something like an attempt to trample upon the rights and independence of Scotland. The various steps adopted for punishing the city of Edinburgh, by taking away her charter and liberties, for what a violent and overmastering mob had done within her walls, were resented by many, who thought a pretext was too hastily taken for degrading the ancient metropolis of Scotland. In short, there was much heart-burning, discontent, and disaffection, occasioned by these ill-considered measures.*

* The magistrates were closely interrogated before the House of Peers, concerning the particulars of the Porteous Mob, and the _patois_ in which these functionaries made their answers, sounded strange in the ears of the Southern n.o.bles. The Duke of Newcastle having demanded to know with what kind of shot the guard which Porteous commanded had loaded their muskets, was answered, naively, "Ow, just sic as ane shoots _dukes and fools_ with." This reply was considered as a contempt of the House of Lords, and the Provost would have suffered accordingly, but that the Duke of Argyle explained, that the expression, properly rendered into English, meant _ducks and waterfowls._

Amidst these heats and dissensions, the trial of Effie Deans, after she had been many weeks imprisoned, was at length about to be brought forward, and Mr. Middleburgh found leisure to inquire into the evidence concerning her. For this purpose, he chose a fine day for his walk towards her father's house.

The excursion into the country was somewhat distant, in the opinion of a burgess of those days, although many of the present inhabit suburban villas considerably beyond the spot to which we allude. Three-quarters of an hour's walk, however, even at a pace of magisterial gravity, conducted our benevolent office-bearer to the Crags of St. Leonard's, and the humble mansion of David Deans.

The old man was seated on the deas, or turf-seat, at the end of his cottage, busied in mending his cart-harness with his own hands; for in those days any sort of labour which required a little more skill than usual fell to the share of the goodman himself, and that even when he was well to pa.s.s in the world. With stern and austere gravity he persevered in his task, after having just raised his head to notice the advance of the stranger. It would have been impossible to have discovered, from his countenance and manner, the internal feelings of agony with which he contended. Mr. Middleburgh waited an instant, expecting Deans would in some measure acknowledge his presence, and lead into conversation; but, as he seemed determined to remain silent, he was himself obliged to speak first.

"My name is Middleburgh--Mr. James Middleburgh, one of the present magistrates of the city of Edinburgh."

"It may be sae," answered Deans laconically, and without interrupting his labour.

"You must understand," he continued, "that the duty of a magistrate is sometimes an unpleasant one."

"It may be sae," replied David; "I hae naething to say in the contrair;"

and he was again doggedly silent.

"You must be aware," pursued the magistrate, "that persons in my situation are often obliged to make painful and disagreeable inquiries of individuals, merely because it is their bounden duty."

"It may be sae," again replied Deans; "I hae naething to say anent it, either the tae way or the t'other. But I do ken there was ance in a day a just and G.o.d-fearing magistracy in yon town o' Edinburgh, that did not bear the sword in vain, but were a terror to evil-doers, and a praise to such as kept the path. In the glorious days of auld worthy faithfu'

Provost d.i.c.k,* when there was a true and faithfu' General a.s.sembly of

* Note M. Sir William d.i.c.k of Braid.

the Kirk, walking hand in hand with the real n.o.ble Scottish-hearted barons, and with the magistrates of this and other towns, gentles, burgesses, and commons of all ranks, seeing with one eye, hearing with one ear, and upholding the ark with their united strength--And then folk might see men deliver up their silver to the state's use, as if it had been as muckle sclate stanes. My father saw them toom the sacks of dollars out o' Provost d.i.c.k's window intill the carts that carried them to the army at Dunse Law; and if ye winna believe his testimony, there is the window itsell still standing in the Luckenbooths--I think it's a claith-merchant's booth the day*--at the airn stanch.e.l.ls, five doors abune Gossford's Close.

* I think so too--But if the reader be curious, he may consult Mr.

Chambers's Traditions of Edinburgh.

--But now we haena sic spirit amang us; we think mair about the warst wallydraigle in our ain byre, than about the blessing which the angel of the covenant gave to the Patriarch even at Peniel and Mahanaim, or the binding obligation of our national vows; and we wad rather gie a pund Scots to buy an unguent to clear out auld rannell-trees and our beds o'

the English bugs as they ca' them, than we wad gie a plack to rid the land of the swarm of Arminian caterpillars, Socinian pismires, and deistical Miss Katies, that have ascended out of the bottomless pit, to plague this perverse, insidious, and lukewarm generation."

It happened to Davie Deans on this occasion, as it has done to many other habitual orators; when once he became embarked on his favourite subject, the stream of his own enthusiasm carried him forward in spite of his mental distress, while his well-exercised memory supplied him amply with all the types and tropes of rhetoric peculiar to his sect and cause.

Mr. Middleburgh contented himself with answering--"All this may be very true, my friend; but, as you said just now, I have nothing to say to it at present, either one way or other.--You have two daughters, I think, Mr. Deans?"

The old man winced, as one whose smarting sore is suddenly galled; but instantly composed himself, resumed the work which, in the heat of his declamation, he had laid down, and answered with sullen resolution, "Ae daughter, sir--only _ane._"

"I understand you," said Mr. Middleburgh; "you have only one daughter here at home with you--but this unfortunate girl who is a prisoner--she is, I think, your youngest daughter?"

The Presbyterian sternly raised his eyes. "After the world, and according to the flesh, she _is_ my daughter; but when she became a child of Belial, and a company-keeper, and a trader in guilt and iniquity, she ceased to be a bairn of mine."

"Alas, Mr. Deans," said Middleburgh, sitting down by him, and endeavouring to take his hand, which the old man proudly withdrew, "we are ourselves all sinners; and the errors of our offspring, as they ought not to surprise us, being the portion which they derive of a common portion of corruption inherited through us, so they do not ent.i.tle us to cast them off because they have lost themselves."

"Sir," said Deans impatiently, "I ken a' that as weel as--I mean to say,"

he resumed, checking the irritation he felt at being schooled--a discipline of the mind which those most ready to bestow it on others do themselves most reluctantly submit to receive--"I mean to say, that what ye o serve may be just and reasonable--But I hae nae freedom to enter into my ain private affairs wi' strangers--And now, in this great national emergency, When there's the Porteous' Act has come doun frae London, that is a deeper blow to this poor sinfu' kingdom and suffering kirk than ony that has been heard of since the foul and fatal Test--at a time like this--"

"But, goodman," interrupted Mr. Middleburgh, "you must think of your own household first, or else you are worse even than the infidels."

"I tell ye, Bailie Middleburgh," retorted David Deans, "if ye be a bailie, as there is little honour in being ane in these evil days--I tell ye, I heard the gracious Saunders Peden--I wotna whan it was; but it was in killing time, when the plowers were drawing alang their furrows on the back of the Kirk of Scotland--I heard him tell his hearers, gude and waled Christians they were too, that some o' them wad greet mair for a bit drowned calf or stirk than for a' the defections and oppressions of the day; and that they were some o' them thinking o' ae thing, some o'

anither, and there was Lady Hundleslope thinking o' greeting Jock at the fireside! And the lady confessed in my hearing that a drow of anxiety had come ower her for her son that she had left at hame weak of a decay*--And what wad he hae said of me if I had ceased to think of the gude cause for a castaway--a--It kills me to think of what she is!"

* See _Life of Peden,_ p. 14.

"But the life of your child, goodman--think of that--if her life could be saved," said Middleburgh.

"Her life!" exclaimed David--"I wadna gie ane o' my grey hairs for her life, if her gude name be gane--And yet," said he, relenting and retracting as he spoke, "I wad make the niffer, Mr. Middleburgh--I wad gie a' these grey hairs that she has brought to shame and sorrow--I wad gie the auld head they grow on for her life, and that she might hae time to amend and return, for what hae the wicked beyond the breath of their nosthrils?--but I'll never see her mair--No!--that--that I am determined in--I'll never see her mair!" His lips continued to move for a minute after his voice ceased to be heard, as if he were repeating the same vow internally.

"Well, sir," said Mr. Middleburgh, "I speak to you as a man of sense; if you would save your daughter's life, you must use human means."

"I understand what you mean; but Mr. Novit, who is the procurator and doer of an honourable person, the Laird of Dumbiedikes, is to do what carnal wisdom can do for her in the circ.u.mstances. Mysell am not clear to trinquet and traffic wi' courts o' justice as they are now const.i.tuted; I have a tenderness and scruple in my mind anent them."

"That is to say," said Middleburgh, "that you are a Cameronian, and do not acknowledge the authority of our courts of judicature, or present government?"

"Sir, under your favour," replied David, who was too proud of his own polemical knowledge to call himself the follower of any one, "ye take me up before I fall down. I canna see why I suld be termed a Cameronian, especially now that ye hae given the name of that famous and savoury sufferer, not only until a regimental band of souldiers, [H. M. 26th Foot] whereof I am told many can now curse, swear, and use profane language, as fast as ever Richard Cameron could preach or pray, but also because ye have, in as far as it is in your power, rendered that martyr's name vain and contemptible, by pipes, drums, and fifes, playing the vain carnal spring called the Cameronian Rant, which too many professors of religion dance to--a practice maist unbecoming a professor to dance to any tune whatsoever, more especially promiscuously, that is, with the female s.e.x.* A brutish fashion it is, whilk is the beginning of defection with many, as I may hae as muckle cause as maist folk to testify."

* See Note F. Peter Walker.

"Well, but, Mr. Deans," replied Mr. Middleburgh, "I only meant to say that you were a Cameronian, or MacMillanite, one of the society people, in short, who think it inconsistent to take oaths under a government where the Covenant is not ratified."

"Sir," replied the controversialist, who forgot even his present distress in such discussions as these, "you cannot fickle me sae easily as you do opine. I am _not_ a MacMillanite, or a Russelite, or a Hamiltonian, or a Harleyite, or a Howdenite*--I will be led by the nose by none--I take my name as a Christian from no vessel of clay. I have my own principles and practice to answer for, and am an humble pleader for the gude auld cause in a legal way."

* All various species of the great genus Cameronian.

"That is to say, Mr. Deans," said Middleburgh, "that you are a _Deanite,_ and have opinions peculiar to yourself."

"It may please you to say sae," said David Deans; "but I have maintained my testimony before as great folk, and in sharper times; and though I will neither exalt myself nor pull down others, I wish every man and woman in this land had kept the true testimony, and the middle and straight path, as it were, on the ridge of a hill, where wind and water shears, avoiding right-hand snares and extremes, and left-hand way-slidings, as weel as Johnny Dodds of Farthing's Acre, and ae man mair that shall be nameless."

"I suppose," replied the magistrate, "that is as much as to say, that Johnny Dodds of Farthing's Acre, and David Deans of St. Leonard's, const.i.tute the only members of the true, real, unsophisticated Kirk of Scotland?"

"G.o.d forbid that I suld make sic a vain-glorious speech, when there are sae mony professing Christians!" answered David; "but this I maun say, that all men act according to their gifts and their grace, 'sae that it is nae marvel that--"

"This is all very fine," interrupted Mr. Middleburgh; "but I have no time to spend in hearing it. The matter in hand is this--I have directed a citation to be lodged in your daughter's hands--If she appears on the day of trial and gives evidence, there is reason to hope she may save her sister's life--if, from any constrained scruples about the legality of her performing the office of an affectionate sister and a good subject, by appearing in a court held under the authority of the law and government, you become the means of deterring her from the discharge of this duty, I must say, though the truth may sound harsh in your ears, that you, who gave life to this unhappy girl, will become the means of her losing it by a premature and violent death."

So saying, Mr. Middleburgh turned to leave him.

"Bide awee--bide awee, Mr. Middleburgh," said Deans, in great perplexity and distress of mind; but the Bailie, who was probably sensible that protracted discussion might diminish the effect of his best and most forcible argument, took a hasty leave, and declined entering farther into the controversy.

Deans sunk down upon his seat, stunned with a variety of conflicting emotions. It had been a great source of controversy among those holding his opinions in religious matters how far the government which succeeded the Revolution could be, without sin, acknowledged by true Presbyterians, seeing that it did not recognise the great national testimony of the Solemn League and Covenant? And latterly, those agreeing in this general doctrine, and a.s.suming the sounding t.i.tle of "The anti-Popish, anti-Prelatic, anti-Erastian, anti-Sectarian, true Presbyterian remnant,"

were divided into many petty sects among themselves, even as to the extent of submission to the existing laws and rulers, which const.i.tuted such an acknowledgment as amounted to sin.

At a very stormy and tumultuous meeting, held in 1682, to discuss these important and delicate points, the testimonies of the faithful few were found utterly inconsistent with each other.*

* This remarkable convocation took place upon 15th June 1682, and an account of its confused and divisive proceedings may be found in Michael Shield's _Faithful Contendings Displayed_ (first printed at Glasgow, 1780, p. 21). It affords a singular and melancholy example how much a metaphysical and polemical spirit had crept in amongst these unhappy sufferers, since amid so many real injuries which they had to sustain, they were disposed to add disagreement and disunion concerning the character and extent of such as were only imaginary.