"As to Birnie, he is charged only by one witness, who had never seen him before, nor knew his name; so, tho' I dare say the witness honestly mentioned him, 'tis possible he may be mistaken; and in the examination of above 200 witnesses there is no body concurrs with him, and he is ane insignificant little creature.

"With regard to M'Lauchlan, the proof is strong against him by one witness, that he acted as a serjeant, or sort of commander, for some time, of a Guard, that stood cross between the upper end of the Luckenbooths and the north side of the street, to stop all but friends from going towards the Tolbooth; and by other witnesses, that he was at the Tolbooth door with a link in his hand, while the operation of beating and burning it was going on; that he went along with the mob with a halbert in his hand, untill he came to the gallows stone in the Gra.s.smarket, and that he stuck the halbert into the hole of the gallows stone: that afterwards he went in amongst the mob when Captain Porteus was carried to the dyer's tree; so that the proof seems very heavy against him.

"To sum up this matter with regard to the prisoners in the Castle, 'tis believed there is strong proof against M'Lauchlan; there is also proof against Braidwood. But, as it consists only in emission of words said to have been had by him while at the Tolbooth door, and that he is ane insignificant pitifull creature, and will find people to swear heartily in his favours, 'tis at best doubtfull whether a jury will be got to condemn him.

"As to those in the Tolbooth of Edinburgh, John Crawford, who had for some time been employed to ring the bells in the steeple of the New Church of Edinburgh, being in company with a soldier accidentally, the discourse falling in concerning the Captain Porteus and his murder, as he appears to be a light-headed fellow, he said, that he knew people that were more guilty than any that were putt in prison. Upon this information, Crawford was seized, and being examined, it appeared, that when the mob begun, as he was comeing down from the steeple, the mob took the keys from him; that he was that night in several corners, and did indeed delate severall persons whom he saw there, and immediately warrands were despatched, and it was found they had absconded and fled.

But there was no evidence against him of any kind. Nay, on the contrary, it appeared, that he had been with the Magistrates in Clerk's, the vintner's, relating to them what he had seen in the streets. Therefore, after haveing detained him in prison ffor a very considerable time, his Majestie's Advocate and Sollicitor signed a warrand for his liberation.

"There was also one James Wilson incarcerated in the said Tolbooth, upon the declaration of one witness, who said he saw him on the streets with a gun; and there he remained for some time, in order to try if a concurring witness could be found, or that he acted any part in the tragedy and wickedness. But nothing farther appeared against him; and being seized with a severe sickness, he is, by a warrand signed by his Majestie's Advocate and Sollicitor, liberated upon giveing sufficient baill.

"As to King, enquiry was made, and the ffact comes out beyond all exception, that he was in the lodge at the Nether-Bow with Lindsay the waiter, and several other people, not at all concerned in the mob. But after the affair was over, he went up towards the guard, and having met with Sandie the Turk and his wife, who escaped out of prison, they returned to his house at the Abbey, and then 'tis very possible he may have thought fitt in his beer to boast of villany, in which he could not possibly have any share for that reason; he was desired to find baill and he should be set at liberty. But he is a stranger and a fellow of very indifferent character, and 'tis believed it won't be easy for him to find baill. Wherefore, it's thought he must be sett at liberty without it.

Because he is a burden upon the Government while kept in confinement, not being able to maintain himself.

"What is above is all that relates to persons in custody. But there are warrands out against a great many other persons who had fled, particularly against one William White, a journeyman baxter, who, by the evidence, appears to have been at the beginning of the mob, and to have gone along with the drum, from the West-Port to the Nether-Bow, and is said to have been one of those who attacked the guard, and probably was as deep as any one there.

"Information was given that he was lurking at Falkirk, where he was born.

Whereupon directions were sent to the Sheriff of the County, and a warrand from his Excellency Generall Wade, to the commanding officers at Stirling and Linlithgow, to a.s.sist, and all possible endeavours were used to catch hold of him, and 'tis said he escaped very narrowly, having been concealed in some outhouse; and the misfortune was, that those who were employed in the search did not know him personally. Nor, indeed, was it easy to trust any of the acquaintances of so low, obscure a fellow with the secret of the warrand to be putt in execution.

"There was also strong evidence found against Robert Taylor, servant to William and Charles Thomsons, periwig-makers, that he acted as ane officer among the mob, and he was traced from the guard to the well at the head of Forester's Wynd, where he stood and had the appellation of Captain from the mob, and from that walking down the Bow before Captain Porteus, with his Lochaber axe; and, by the description given of one who hawl'd the rope by which Captain Porteus was pulled up, 'tis believed Taylor was the person; and 'tis farther probable, that the witness who debated Stirling had mistaken Taylor for him, their stature and age (so far as can be gathered from the description) being the same.

"A great deal of pains were taken, and no charge was saved, in order to have catched hold of this Taylor, and warrands were sent to the country where he was born; but it appears he had shipt himself off for Holland, where it is said he now is.

"There is strong evidence also against Thomas Burns, butcher, that he was ane active person from the beginning of the mob to the end of it. He lurkt for some time amongst those of his trade; and artfully enough a train was laid to catch him, under pretence of a message that had come from his father in Ireland, so that he came to a blind alehouse in the Flesh-market close, and, a party being ready, was, by Webster the soldier, who was upon this exploit, advertised to come down. However, Burns escaped out at a back-window, and hid himself in some of the houses which are heaped together upon one another in that place, so that it was not possible to catch him. 'Tis now said he is gone to Ireland to his father who lives there.

"There is evidence also against one Robert Anderson, journeyman and servant to Colin Alison, wright; and against Thomas Linnen and James Maxwell, both servants also to the said Colin Alison, who all seem to have been deeply concerned in the matter. Anderson is one of those who putt the rope upon Captain Porteus's neck. Linnen seems also to have been very active; and Maxwell (which is pretty remarkable) is proven to have come to a shop upon the Friday before, and charged the journeymen and prentices there to attend in the Parliament close on Tuesday night, to a.s.sist to hang Captain Porteus. These three did early abscond, and, though warrands had been issued out against them, and all endeavours used to apprehend them, could not be found.

"One Waldie, a servant to George Campbell, wright, has also absconded, and many others, and 'tis informed that numbers of them have shipt themselves off ffor the Plantations; and upon an information that a ship was going off ffrom Glasgow, in which severall of the rogues were to transport themselves beyond seas, proper warrands were obtained, and persons despatched to search the said ship, and seize any that can be found.

"The like warrands had been issued with regard to ships from Leith. But whether they had been scard, or whether the information had been groundless, they had no effect.

"This is a summary of the enquiry, ffrom which it appears there is no prooff on which one can rely, but against M'Lauchlan. There is a prooff also against Braidwood, but more exceptionable. His Majestie's Advocate, since he came to town, has join'd with the Sollicitor, and has done his utmost to gett at the bottom of this matter, but hitherto it stands as is above represented. They are resolved to have their eyes and their ears open, and to do what they can. But they laboured exceedingly against the stream; and it may truly be said, that nothing was wanting on their part.

Nor have they declined any labour to answer the commands laid upon them to search the matter to the bottom."

THE PORTEOUS MOB.

In the preceding CHAPTERs (I. to VI.) the circ.u.mstances of that extraordinary riot and conspiracy, called the Porteous Mob, are given with as much accuracy as the author was able to collect them. The order, regularity, and determined resolution with which such a violent action was devised and executed, were only equalled by the secrecy which was observed concerning the princ.i.p.al actors.

Although the fact was performed by torch-light, and in presence of a great mult.i.tude, to some of whom, at least, the individual actors must have been known, yet no discovery was ever made concerning any of the perpetrators of the slaughter.

Two men only were brought to trial for an offence which the Government were so anxious to detect and punish. William M'Lauchlan, footman to the Countess of Wemyss, who is mentioned in the report of the Solicitor-General, against whom strong evidence had been obtained, was brought to trial in March 1737, charged as having been accessory to the riot, armed with a Lochaber axe. But this man (who was at all times a silly creature) proved, that he was in a state of mortal intoxication during the time he was present with the rabble, incapable of giving them either advice or a.s.sistance, or, indeed, of knowing what he or they were doing. He was also able to prove, that he was forced into the riot, and upheld while there by two bakers, who put a Lochaber axe into his hand.

The jury, wisely judging this poor creature could be no proper subject of punishment, found the panel Not Guilty. The same verdict was given in the case of Thomas Linning, also mentioned in the Solicitor's memorial, who was tried in 1738. In short, neither then, nor for a long period afterwards, was anything discovered relating to the organisation of the Porteous Plot.

The imagination of the people of Edinburgh was long irritated, and their curiosity kept awake, by the mystery attending this extraordinary conspiracy. It was generally reported of such natives of Edinburgh as, having left the city in youth, returned with a fortune ama.s.sed in foreign countries, that they had originally fled on account of their share in the Porteous Mob. But little credit can be attached to these surmises, as in most of the cases they are contradicted by dates, and in none supported by anything but vague rumours, grounded on the ordinary wish of the vulgar, to impute the success of prosperous men to some unpleasant source. The secret history of the Porteous Mob has been till this day unravelled; and it has always been quoted as a close, daring, and calculated act of violence, of a nature peculiarly characteristic of the Scottish people.

Nevertheless, the author, for a considerable time, nourished hopes to have found himself enabled to throw some light on this mysterious story.

An old man, who died about twenty years ago, at the advanced age of ninety-three, was said to have made a communication to the clergyman who attended upon his death-bed, respecting the origin of the Porteous Mob.

This person followed the trade of a carpenter, and had been employed as such on the estate of a family of opulence and condition. His character in his line of life and amongst his neighbours, was excellent, and never underwent the slightest suspicion. His confession was said to have been to the following purpose: That he was one of twelve young men belonging to the village of Pathhead, whose animosity against Porteous, on account of the execution of Wilson, was so extreme, that they resolved to execute vengeance on him with their own hands, rather than he should escape punishment. With this resolution they crossed the Forth at different ferries, and rendezvoused at the suburb called Portsburgh, where their appearance in a body soon called numbers around them. The public mind was in such a state of irritation, that it only wanted a single spark to create an explosion; and this was afforded by the exertions of the small and determined band of a.s.sociates. The appearance of premeditation and order which distinguished the riot, according to his account, had its origin, not in any previous plan or conspiracy, but in the character of those who were engaged in it. The story also serves to show why nothing of the origin of the riot has ever been discovered, since though in itself a great conflagration, its source, according to this account, was from an obscure and apparently inadequate cause.

I have been disappointed, however, in obtaining the evidence on which this story rests. The present proprietor of the estate on which the old man died (a particular friend of the author) undertook to question the son of the deceased on the subject. This person follows his father's trade, and holds the employment of carpenter to the same family. He admits that his father's going abroad at the time of the Porteous Mob was popularly attributed to his having been concerned in that affair; but adds that, so far as is known to him, the old man had never made any confession to that effect; and, on the contrary, had uniformly denied being present. My kind friend, therefore, had recourse to a person from whom he had formerly heard the story; but who, either from respect to an old friend's memory, or from failure of his own, happened to have forgotten that ever such a communication was made. So my obliging correspondent (who is a fox-hunter) wrote to me that he was completely _planted;_ and all that can be said with respect to the tradition is, that it certainly once existed, and was generally believed.

[_N.B._--The Rev. Dr. Carlyle, minister of Inveresk, in his _Autobiography,_ gives some interesting particulars relating to the Porteous Mob, from personal recollections. He happened to be present in the Tolbooth Church when Robertson made his escape, and also at the execution of Wilson in the Gra.s.smarket, when Captain Porteous fired upon the mob, and several persons were killed. Edinburgh 1860, 8vo, pp.

30-42.]

NOTE E.--CARSPHARN JOHN.

John Semple, called Carspharn John, because minister of the parish in Galloway so called, was a Presbyterian clergyman of singular piety and great zeal, of whom Patrick Walker records the following pa.s.sage: "That night after his wife died, he spent the whole ensuing night in prayer and meditation in his garden. The next morning, one of his elders coming to see him, and lamenting his great loss and want of rest, he replied,--'I declare I have not, all night, had one thought of the death of my wife, I have been so taken up in meditating on heavenly things. I have been this night on the banks of Ulai, plucking an apple here and there.'"-- _Walker's Remarkable Pa.s.sages of the Life and Death of Mr. John Semple._

NOTE F.--PETER WALKER.

This personage, whom it would be base ingrat.i.tude in the author to pa.s.s over without some notice, was by far the most zealous and faithful collector and recorder of the actions and opinions of the Cameronians. He resided, while stationary, at the Bristo Port of Edinburgh, but was by trade an itinerant merchant, or pedlar, which profession he seems to have exercised in Ireland as well as Britain. He composed biographical notices of Alexander Peden, John Semple, John Welwood, and Richard Cameron, all ministers of the Cameronian persuasion, to which the last mentioned member gave the name.

It is from such tracts as these, written in the sense, feeling, and spirit of the sect, and not from the sophisticated narratives of a later period, that the real character of the persecuted cla.s.s is to be gathered. Walker writes with a simplicity which sometimes slides into the burlesque, and sometimes attains a tone of simple pathos, but always expressing the most daring confidence in his own correctness of creed and sentiments, sometimes with narrow-minded and disgusting bigotry. His turn for the marvellous was that of his time and sect; but there is little room to doubt his veracity concerning whatever he quotes on his own knowledge. His small tracts now bring a very high price, especially the earlier and authentic editions. The tirade against dancing, p.r.o.nounced by David Deans, is, as intimated in the text, partly borrowed from Peter Walker. He notices, as a foul reproach upon the name of Richard Cameron, that his memory was vituperated, "by pipers and fiddlers playing the Cameronian march--carnal vain springs, which too many professors of religion dance to; a practice unbecoming the professors of Christianity to dance to any spring, but somewhat more to this. Whatever," he proceeds, "be the many foul blots recorded of the saints in Scripture, none of them is charged with this regular fit of distraction. We find it has been practised by the wicked and profane, as the dancing at that brutish, base action of the calf-making; and it had been good for that unhappy la.s.s, who danced off the head of John the Baptist, that she had been born a cripple, and never drawn a limb to her. Historians say, that her sin was written upon her judgment, who some time thereafter was dancing upon the ice, and it broke, and snapt the head off her; her head danced above, and her feet beneath. There is ground to think and conclude, that when the world's wickedness was great, dancing at their marriages was practised; but when the heavens above, and the earth beneath, were let loose upon them with that overflowing flood, their mirth was soon staid; and when the Lord in holy justice rained fire and brimstone from heaven upon that wicked people and city Sodom, enjoying fulness of bread and idleness, their fiddle-strings and hands went all in a flame; and the whole people in thirty miles of length, and ten of breadth, as historians say, were all made to fry in their skins and at the end, whoever are giving in marriages and dancing when all will go in a flame, they will quickly change their note.

"I have often wondered thorow my life, how any that ever knew what it was to bow a knee in earnest to pray, durst crook a hough to fyke and fling at a piper's and fiddler's springs. I bless the Lord that ordered my lot so in my dancing days, that made the fear of the b.l.o.o.d.y rope and bullets to my neck and head, the pain of boots, thumikens, and irons, cold and hunger, wetness and weariness, to stop the lightness of my head, and the wantonness of my feet. What the never-to-be-forgotten Man of G.o.d, John Knox, said to Queen Mary, when she gave him that sharp challenge, which would strike our mean-spirited, tongue-tacked ministers dumb, for his giving public faithful warning of the danger of the church and nation, through her marrying the Dauphine of France, when he left her bubbling and greeting, and came to an outer court, where her Lady Maries were fyking and dancing, he said, 'O brave ladies, a brave world, if it would last, and heaven at the hinder end! But fye upon the knave Death, that will seize upon those bodies of yours; and where will all your fiddling and flinging be then?' Dancing being such a common evil, especially amongst young professors, that all the lovers of the Lord should hate, has caused me to insist the more upon it, especially that foolish spring the Cameronian march!"--_Life and Death of Three Famous Worthies,_ etc., collected and printed for Patrick Walker, Edin. 1727, 12mo, p. 59.

It may be here observed, that some of the milder cla.s.s of Cameronians made a distinction between the two s.e.xes dancing separately, and allowed of it as a healthy and not unlawful exercise; but when men and women mingled in sport, it was then called _promiscuous dancing,_ and considered as a scandalous enormity.

NOTE G.--MUSCHAT'S CAIRN.

Nichol Muschat, a debauched and profligate wretch, having conceived a hatred against his wife, entered into a conspiracy with another brutal libertine and gambler, named Campbell of Burnbank (repeatedly mentioned in Pennycuick's satirical poems of the time), by which Campbell undertook to destroy the woman's character, so as to enable Muschat, on false pretences to obtain a divorce from her. The brutal devices to which these worthy accomplices resorted for that purpose having failed, they endeavoured to destroy her by administering medicine of a dangerous kind, and in extraordinary quant.i.ties.

This purpose also failing, Nichol Muschat, or Muschet, did finally, on the 17th October 1720, carry his wife under cloud of night to the King's Park, adjacent to what is called the Duke's Walk, near Holyrood Palace, and there took her life by cutting her throat almost quite through, and inflicting other wounds. He pleaded guilty to the indictment, for which he suffered death. His a.s.sociate, Campbell, was sentenced to transportation, for his share in the previous conspiracy. See _MacLaurin's Criminal Cases,_pp. 64 and 738.

In memory, and at the same time execration, of the deed, a _cairn,_ or pile of stones, long marked the spot. It is now almost totally removed, in consequence of an alteration on the road in that place.

NOTE H.--HANGMAN, OR LOCKMAN.

_Lockman,_ so called from the small quant.i.ty of meal (Scottice, _lock_) which he was ent.i.tled to take out of every boll exposed to market in the city. In Edinburgh, the duty has been very long commuted; but in Dumfries, the finisher of the law still exercises, or did lately exercise, his privilege, the quant.i.ty taken being regulated by a small iron ladle, which he uses as the measure of his perquisite. The expression _lock,_ for a small quant.i.ty of any readily divisible dry substance, as corn, meal, flax, or the like, is still preserved, not only popularly, but in a legal description, as the _lock_ and _gowpen,_ or small quant.i.ty and handful, payable in thirlage cases, as in town multure.

NOTE I.--THE FAIRY BOY OF LEITH,