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 s.p.a.ce of two brief days, for eternal hallelujahs, or eternal lamentations; and that this fearful alternative must depend upon the state 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 suddenness of the summons, but rather to feel this comfort in their 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 s.p.a.ce and time are but as nothing, salvation may yet be a.s.sured, 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 subject;--an expression so natural to a person in his situation, that it excited neither suspicion nor surprise.

The benediction was p.r.o.nounced 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 compa.s.sion was heard to pervade the spectators, the more general, perhaps, on account of the alleviating circ.u.mstances 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 thunderstruck, 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 himself 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 compa.s.sion 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 a.s.sociates, or by some second extraordinary 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 circ.u.mstances of the day, and subsequent events. It may be necessary to say a word about this person, and the corps which he commanded. But the subject is of importance sufficient to deserve another chapter.

CHAPTER SECOND.

And thou, great G.o.d of aquavitae!

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!

Fergusson'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, however, 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 afterwards 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 rendered him formidable to rioters or disturbers of the public peace.

The corps in which he held his command is, or perhaps we should rather 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 cogs, having the benefit of working at their trades when they were off duty. These men had the charge of preserving public order, repressing 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.*

* The Lord Provost was ex-officio commander and colonel of the corps, which might be increased to three hundred men when the times required it.

No other drum but theirs was allowed to sound on the High Street between the Luckenbooths and the Netherbow.

Poor Fergusson, 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 his readers, warned doubtless by his own experience:--

* [Robert Fergusson, the Scottish Poet, born 1750, died 1774.]

"Gude folk, as ye come frae the fair, Bide yont frae this black squad: There's nae sic savages elsewhere Allowed to wear c.o.c.kad."

In fact, the soldiers of the City Guard, being, as we have said, in general discharged veterans, who had strength enough remaining for this munic.i.p.al duty, and being, moreover, for the greater part, Highlanders, were neither by birth, education, nor former habits, trained to endure with much patience the insults of the rabble, or the 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 holiday licensed some riot and irregularity, 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 c.o.c.ked-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.*

* This hook was to enable the bearer of the Lochaber-axe to scale a gateway, by grappling the top of the door, and swinging himself up by the staff of his weapon.

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 Stuart 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 guardhouse a.s.signed to them in the Luckenbooths, when their ancient refuge in the High Street was laid low.*

* This ancient corps is now entirely disbanded. Their last march to do duty at Hallowfair had something in it affecting. Their drums and fifes had been wont on better days to play, on this joyous occasion, the lively tune of "Jockey to the fair;" but on his final occasion the afflicted veterans moved slowly to the dirge of

"The last time I came ower the muir."

But the fate of ma.n.u.scripts 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 inst.i.tution has faded away, and then serve as an ill.u.s.tration of Kay's caricatures, who has preserved the features of some of their heroes. In the preceding generation, when there was a perpetual 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 more effective state than was afterwards judged necessary, when their most dangerous service was to skirmish with the rabble on the king's birthday. 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, and uttered many threats and imprecations upon that subject, which were afterwards remembered to his disadvantage. In fact, if a good deal of determination and prompt.i.tude 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 trustworthy 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 Porteous's pride very deeply. They requested the a.s.sistance of part of a regular infantry regiment, not to attend upon the execution, but to remain drawn up on the princ.i.p.al street of the city, during the time that it went forward, in order to intimidate the mult.i.tude, 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 indignity, 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. Porteous'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 sears of the smallpox, his eyes rather languid than keen or fierce. On the present occasion, however, 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 precautions to prevent escape, ordered him to be manacled. This might be justifiable from the character and bodily strength of the malefactor, 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 soon be 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 G.o.d forgive you!"

These words, long afterwards quoted and remembered, were all that pa.s.sed between Porteous and his prisoner; but as they took air, and became known to the people, they greatly increased the popular compa.s.sion 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 Gra.s.smarket, there appeared no signs of that attempt to rescue him which had occasioned such precautions. The mult.i.tude, in general, looked on with deeper interest than at ordinary executions; and there might be seen, on the countenances of many, a stern and indignant expression, like that with which the ancient Cameronians might be supposed 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 s.p.a.ce that divided time from eternity. The devotions proper and usual on such occasions were no sooner finished than he 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 deprived of life, when at once, as if occasioned by some newly received impulse, there arose a tumult among the mult.i.tude. 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 carry 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 mult.i.tude, but to draw off his men as fast as possible. He sprung from the scaffold, s.n.a.t.c.hed 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 began 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 handkerchief was thrust into the muzzle of the piece, and re-turned unsoiled or blackened. To the defence founded on these circ.u.mstances 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 positively 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 pa.s.sed, 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 occasions, when the executioner of the law, and the men commissioned to protect him in his task, were generally exposed to some indignities. 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 a.s.sembled 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 mult.i.tude. Upon this verdict, the Lords of Justiciary pa.s.sed sentence of death against Captain John Porteous, adjudging 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 movable property to be forfeited to the king's use, according to the Scottish law in cases of wilful murder.*

* The signatures affixed to the death-warrant of Captain Porteous were-- Andrew Fletcher of Milton, Lord Justice-Clerk.

Sir James Mackenzie, Lord Royston.

David Erskine, Lord Dun.

Sir Walter Pringle, Lord Newhall.

Sir Gilbert Elliot, Lord Minto.

CHAPTER THIRD.

"The hour's come, but not the man."*

* There is a tradition, that while a little stream was swollen into a torrent by recent showers, the discontented voice of the Water Spirit was heard to p.r.o.nounce these words. At the some moment a man, urged on by his fate, or, in Scottish language, _fey,_ arrived at a gallop, and prepared to cross the water. No remonstrance from the bystanders was of power to stop him--he plunged into the stream, and perished.

Kelpie.

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 Gra.s.smarket resembled 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 a.s.sociations, and the erect beam and empty noose, things so simple in themselves, became, on such an occasion, objects of terror and of solemn interest.

Amid so numerous an a.s.sembly 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 retaliation 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 mult.i.tude were a.s.sembled for some purpose which affected them with the deepest sorrow, and stilled those noises which, on all ordinary occasions, arise from such a concourse; but if he had gazed upon their faces, he would have been instantly undeceived. The compressed lip, the bent brow, the stern and flashing eye of almost everyone 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 exposed 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 further canva.s.sed, 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 support 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 authority he acted might be supposed to have great sympathy. And as these considerations might move the magistrates to make a favourable 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 conscious, therefore, that they were no favourites with the rulers of the period, and that, if Captain Porteous's violence was not altogether regarded as good service, it might certainly be thought, that to visit it with a capital punishment would render it both delicate and dangerous for future officers, in the same circ.u.mstances, to act with effect in repressing tumults. There is also a natural feeling, on the part of all members of Government, for the general maintenance of authority; and it seemed not unlikely, that what to the relatives of the sufferers appeared a wanton and unprovoked ma.s.sacre, should be otherwise viewed in the cabinet of St. James's. It might be there supposed, that upon the whole matter, Captain Porteous was in the exercise of a trust delegated to him by the lawful civil authority; that he had been a.s.saulted by the populace, 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.