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 considerations 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 the garrison. This was the father of Robert Barclay, author of the celebrated _Apology for the Quakers._ It may be observed among the inconsistencies of human nature, that Kirkton, Wodrow, and other Presbyterian authors, who have detailed the sufferings of their own sect for nonconformity 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 a.s.suming 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 grandmother 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.

NOTE B.--TOMBSTONE TO HELEN WALKER.

On Helen Walker's tombstone in Irongray churchyard, Dumfriesshire, there is engraved the following epitaph, written by Sir Walter Scott:

THIS STONE WAS ERECTED BY THE AUTHOR OF WAVERLEY

TO THE MEMORY OF HELEN WALKER,

WHO DIED IN THE YEAR OF G.o.d 1791.

THIS HUMBLE INDIVIDUAL PRACTISED IN REAL LIFE THE VIRTUES WITH WHICH FICTION HAS INVESTED

THE IMAGINARY CHARACTER OF

JEANIE DEANS;

REFUSING THE SLIGHTEST DEPARTURE FROM VERACITY, EVEN TO SAVE THE LIFE OF A SISTER,

SHE NEVERTHELESS SHOWED HER KINDNESS AND FORt.i.tUDE, IN RESCUING HER FROM THE SEVERITY OF THE LAW AT THE EXPENSE OF PERSONAL EXERTIONS WHICH THE TIME RENDERED AS DIFFICULT AS THE MOTIVE WAS LAUDABLE.

RESPECT THE GRAVE OF POVERTY WHEN COMBINED WITH LOVE OF TRUTH AND DEAR AFFECTION.

_Erected October 1831._

NOTE C.--THE OLD TOLBOOTH.

The ancient Tolbooth of Edinburgh, Situated as described in this CHAPTER, was built by the citizens in 1561, and destined for the accommodation of Parliament, as well as of the High Courts of Justice;* and at the same time for the confinement of prisoners for debt, or on criminal charges.

Since the year 1640, when the present Parliament House was erected, the Tolbooth was occupied as a prison only.

* [This is not so certain. Few persons now living are likely to remember the interior of the old Tolbooth, with narrow staircase, thick walls, and small apartments, nor to imagine that it could ever have been used for these purposes. Robert Chambers, in his _Minor Antiquities_ of Edinburgh, has preserved ground-plans or sections, which clearly show this,--the largest hall was on the second floor, and measuring 27 feet by 20, and 12 feet high. It may have been intended for the meetings of Town Council, while the Parliament a.s.sembled, after 1560, in what was called the Upper Tolbooth, that is the south-west portion of the Collegiate Church of St. Giles, until the year 1640, when the present Parliament House was completed. Being no longer required for such a purpose, it was set apart by the Town Council on the 24th December 1641 as a distinct church, with the name of the Tolbooth parish, and therefore could not have derived the name from its vicinity to the Tolbooth, as usually stated.]

Gloomy and dismal as it was, the situation in the centre of the High Street rendered it so particularly well-aired, that when the plague laid waste the city in 1645, it affected none within these melancholy precincts. The Tolbooth was removed, with the ma.s.s of buildings in which it was incorporated, in the autumn of the year 1817. At that time the kindness of his old schoolfellow and friend, Robert Johnstone, Esquire, then Dean of Guild of the city, with the liberal acquiescence of the persons who had contracted for the work, procured for the Author of Waverley the stones which composed the gateway, together with the door, and its ponderous fastenings, which he employed in decorating the entrance of his kitchen-court at Abbotsford. "To such base offices may we return." The application of these relies of the Heart of Mid-Lothian to serve as the postern-gate to a court of modern offices, may be justly ridiculed as whimsical; but yet it is not without interest, that we see the gateway through which so much of the stormy politics of a rude age, and the vice and misery of later times, had found their pa.s.sage, now occupied in the service of rural economy. Last year, to complete the change, a tomt.i.t was pleased to build her nest within the lock of the Tolbooth,--a strong temptation to have committed a sonnet, had the Author, like Tony Lumpkin, been in a concatenation accordingly.

It is worth mentioning, that an act of beneficence celebrated the demolition of the Heart of Mid-Lothian. A subscription, raised and applied by the worthy Magistrate above mentioned, procured the manumission of most of the unfortunate debtors confined in the old jail, so that there were few or none transferred to the new place of confinement.

[The figure of a Heart upon the pavement between St. Giles's Church and the Edinburgh County Hall, now marks the site of the Old Tolbooth.]

NOTE D--THE PORTEOUS MOB.

The following interesting and authentic account of the inquiries made by Crown Counsel into the affair of the Porteous Mob, seems to have been drawn up by the Solicitor-General. The office was held in 1737 by Charles Erskine, Esq.

I owe this curious ill.u.s.tration to the kindness of a professional friend.

It throws, indeed, little light on the origin of the tumult; but shows how profound the darkness must have been, which so much investigation could not dispel.

"Upon the 7th of September last, when the unhappy wicked murder of Captain Porteus was committed, His Majesty's Advocate and Solicitor were out of town; the first beyond Inverness, and the other in Annandale, not far from Carlyle; neither of them knew anything of the reprieve, nor did they in the least suspect that any disorder was to happen.

"When the disorder happened, the magistrates and other persons concerned in the management of the town, seemed to be all struck of a heap; and whether, from the great terror that had seized all the inhabitants, they thought ane immediate enquiry would be fruitless, or whether, being a direct insult upon the prerogative of the crown, they did not care rashly to intermeddle; but no proceedings was had by them. Only, soon after, ane express was sent to his Majestie's Solicitor, who came to town as soon as was possible for him; but, in the meantime, the persons who had been most guilty, had either ran off, or, at least, kept themselves upon the wing until they should see what steps were taken by the Government.

"When the Solicitor arrived, he perceived the whole inhabitants under a consternation. He had no materials furnished him; nay, the inhabitants were so much afraid of being reputed informers, that very few people had so much as the courage to speak with him on the streets. However, having received her Majestie's orders, by a letter from the Duke of New castle, he resolved to sett about the matter in earnest, and entered upon ane enquiry, gropeing in the dark. He had no a.s.sistance from the magistrates worth mentioning, but called witness after witness in the privatest manner, before himself in his own house, and for six weeks time, from morning to evening, went on in the enquiry without taking the least diversion, or turning his thoughts to any other business.

"He tried at first what he could do by declarations, by engaging secresy, so that those who told the truth should never be discovered; made use of no clerk, but wrote all the declarations with his own hand, to encourage them to speak out. After all, for some time, he could get nothing but ends of stories which, when pursued, broke off; and those who appeared and knew anything of the matter, were under the utmost terror, lest it should take air that they had mentioned any one man as guilty.

"During the course of the enquiry, the run of the town, which was strong for the villanous actors, begun to alter a little, and when they saw the King's servants in earnest to do their best, the generality, who before had spoke very warmly in defence of the wickedness, began to be silent, and at that period more of the criminals began to abscond.

"At length the enquiry began to open a little, and the Sollicitor was under some difficulty how to proceed. He very well saw that the first warrand that was issued out would start the whole gang; and as he had not come at any of the most notorious offenders, he was unwilling, upon the slight evidence he had, to begin. However, upon notice given him by Generall Moyle, that one King, a butcher in the Canongate, had boasted, in presence of Bridget Knell, a soldier's wife, the morning after Captain Porteus was hanged, that he had a very active hand in the mob, a warrand was issued out, and King was apprehended, and imprisoned in the Canongate Tolbooth.

"This obliged the Sollicitor immediately to take up those against whom he had any information. By a signed declaration, William Stirling, apprentice to James Stirling, merchant in Edinburgh, was charged as haveing been at the Nether-Bow, after the gates were shutt, with a Lochaber-ax or halbert in his hand, and haveing begun a huzza, marched upon the head of the mob towards the Guard.

"James Braidwood, son to a candlemaker in town, was, by a signed declaration, charged as haveing been at the Tolbooth door, giveing directions to the mob about setting fire to the door, and that the mob named him by his name, and asked his advice.

"By another declaration, one Stoddart, a journeyman smith, was charged of having boasted publickly, in a smith's shop at Leith, that he had a.s.sisted in breaking open the Tolbooth door.

"Peter Traill, a journeyman wright, (by one of the declarations) was also accused of haveing lockt the Nether-Bow Port, when it was shutt by the mob.

"His Majestie's Sollicitor having these informations, implored privately such persons as he could best rely on, and the truth was, there were very few in whom he could repose confidence. But he was, indeed, faithfully served by one Webster, a soldier in the Welsh fuzileers, recommended him by Lieutenant Alshton, who, with very great address, informed himself, and really run some risque in getting his information, concerning the places where the persons informed against used to haunt, and how they might be seized. In consequence of which, a party of the Guard from the Canongate was agreed on to march up at a certain hour, when a message should be sent. The Sollicitor wrote a letter and gave it to one of the town officers, ordered to attend Captain Maitland, one of the town Captains, promoted to that command since the unhappy accident, who, indeed, was extremely diligent and active throughout the whole; and haveing got Stirling and Braidwood apprehended, dispatched the officer with the letter to the military in the Canongate, who immediately begun their march, and by the time the Sollicitor had half examined the said two persons in the Burrow-room, where the Magistrates were present, a party of fifty men, drums beating, marched into the Parliament close, and drew up, which was the first thing that struck a terror, and from that time forward, the insolence was succeeded by fear.

"Stirling and Braidwood were immediately sent to the Castle and imprisoned. That same night, Stoddart, the smith, was seized, and he was committed to the Castle also; as was likewise Traill, the journeyman wright, who were all severally examined, and denyed the least accession.

"In the meantime, the enquiry was going on, and it haveing cast up in one of the declarations, that a hump'd backed creature marched with a gun as one of the guards to Porteus when he went up to the Lawn Markett, the person who emitted this declaration was employed to walk the streets to see if he could find him out; at last he came to the Sollicitor and told him he had found him, and that he was in a certain house. Whereupon a warrand was issued out against him, and he was apprehended and sent to the Castle, and he proved to be one Birnie, a helper to the Countess of Weemys's coachman.

"Thereafter, ane information was given in against William M'Lauchlan, ffootman to the said Countess, he haveing been very active in the mob; ffor sometime he kept himself out of the way, but at last he was apprehended and likewise committed to the Castle.

"And these were all the prisoners who were putt under confinement in that place.

"There were other persons imprisoned in the Tolbooth of Edinburgh, and severalls against whom warrands were issued, but could not be apprehended, whose names and cases shall afterwards be more particularly taken notice of.

"The ffriends of Stirling made an application to the Earl of Islay, Lord Justice-Generall, setting furth, that he was seized with a b.l.o.o.d.y fflux; that his life was in danger; and that upon ane examination of witnesses whose names were given in, it would appear to conviction, that he had not the least access to any of the riotous proceedings of that wicked mob.

"This pet.i.tion was by his Lordship putt in the hands of his Majestie's Sollicitor, who examined the witnesses; and by their testimonies it appeared, that the young man, who was not above eighteen years of age, was that night in company with about half a dozen companions, in a public house in Stephen Law's closs, near the back of the Guard, where they all remained untill the noise came to the house, that the mob had shut the gates and seized the Guard, upon which the company broke up, and he, and one of his companions, went towards his master's house; and, in the course of the after examination, there was a witness who declared, nay, indeed swore (for the Sollicitor, by this time, saw it necessary to put those he examined upon oath), that he met him [Stirling] after he entered into the alley where his master lives, going towards his house; and another witness, fellow-prentice with Stirling, declares, that after the mob had seized the Guard, he went home, where he found Stirling before him; and, that his master lockt the door, and kept them both at home till after twelve at night: upon weighing of which testimonies, and upon consideration had, That he was charged by the declaration only of one person, who really did not appear to be a witness of the greatest weight, and that his life was in danger from the imprisonment, he was admitted to baill by the Lord Justice-Generall, by whose warrand he was committed.

"Braidwood's friends applyed in the same manner; but as he stood charged by more than one witness, he was not released--tho', indeed, the witnesses adduced for him say somewhat in his exculpation--that he does not seem to have been upon any original concert; and one of the witnesses says he was along with him at the Tolbooth door, and refuses what is said against him, with regard to his having advised the burning of the Tolbooth door. But he remains still in prison.

"As to Traill, the journeyman wright, he is charged by the same witness who declared against Stirling, and there is none concurrs with him and, to say the truth concerning him, he seemed to be the most ingenuous of any of them whom the Solicitor examined, and pointed out a witness by whom one of the first accomplices was discovered, and who escaped when the warrand was to be putt in execution against them. He positively denys his having shutt the gate, and 'tis thought Traill ought to be admitted to baill.