Jeanie had so much of her father’s spirit as to sorrow bitterly for this apostasy, and Butler joined in her regret. “Yet any religion, however imperfect,” he said, “was better than cold scepticism, or the hurrying din of dissipation, which fills the ears of worldlings, until they care for none of these things.”
Meanwhile, happy in each other, in the prosperity of their family, and the love and honour of all who knew them, this simple pair lived beloved, and died lamented.
READER,
THIS TALE WILL NOT BE TOLD IN VAIN, IF IT SHALL BE FOUND TO ILLUSTRATE THE GREAT TRUTH, THAT GUILT, THOUGH IT MAY ATTAIN TEMPORAL SPLENDOUR, CAN NEVER CONFER REAL HAPPINESS; THAT THE EVIL CONSEQUENCES OF OUR CRIMES LONG SURVIVE THEIR COMMISSION, AND, LIKE THE GHOSTS OF THE MURDERED, FOR EVER HAUNT THE STEPS OF THE MALEFACTOR; AND THAT THE PATHS OF VIRTUE, THOUGH SELDOM THOSE OF WORLDLY GREATNESS, ARE ALWAYS THOSE OF PLEASANTNESS AND PEACE.
L’ENVOY,BY JEDEDIAH CLEISHBOTHAM.
Thus concludeth the Tale of “The Heart of Mid-Lothian,” which hath filled more pages than I opined. The Heart of Mid-Lothian is now no more, or rather it is transferred to the extreme side of the city, even as the Sieur Jean Baptiste Poquelin hath it, in his pleasant comedy called Le Me’decin Malgre’ Lui, where the simulated doctor wittily replieth to a charge, that he had placed the heart on the right side, instead of the left, “Cela e’tait autrefois ainsi, mais nous avons change’ tout cela.” Of which witty speech if any reader shall demand the purport, I have only to respond, that I teach the French as well as the Classical tongues, at the easy rate of five shillings per quarter, as my advertisements are periodically making known to the public.
It is an old proverb, that “many a true word is spoken in jest.” The existence of Walter Scott, third son of Sir William Scott of Harden, is instructed, as it is called, by a charter under the great seal, Domino Willielmo Scott de Harden Militi, et Waltero Scott suo filio legitimo tertio genito, terrarum de Roberton.89
The munificent old gentleman left all his four sons considerable estates. and settled those of Eilrig and Raeburn, together with valuable possessions around Lessuden, upon Walter, his third son, who is ancestor of the Scotts of Raeburn, and of the Author of Waverley. He appears to have become a convert to the doctrine of the Quakers, or Friends, and a great assertor of their peculiar tenets. This was probably at the time when George Fox, the celebrated apostle of the sect, made an expedition into the south of Scotland about 1657, on which occasion, he boasts, that “as he first set his horse’s feet upon Scottish ground, he felt the seed of grace to sparkle about him like innumerable sparks of fire.” Upon the same occasion, probably, Sir Gideon Scott of Highchester, second son of Sir William, immediate elder brother of Walter, and ancestor of the author’s friend and kinsman, the present representative of the family of Harden, also embraced the tenets of Quakerism. This last convert, Gideon, entered into a controversy with the Rev. James Kirkton, author of the Secret and True History of the Church of Scotland, which is noticed by my ingenious friend Mr. Charles Kirkpatrick Sharpe, in his valuable and curious edition of that work, 4to, 1817. Sir William Scott, eldest of the brothers, remained, amid the defection of his two younger brethren, an orthodox member of the Presbyterian Church, and used such means for reclaiming Walter of Raeburn from his heresy, as savoured far more of persecution than persuasion. In this he was assisted by MacDougal of Makerston, brother to Isabella MacDougal, the wife of the said Walter, and who, like her husband, had conformed to the Quaker tenets.
The interest possessed by Sir William Scott and Makerston was powerful enough to procure the two following acts of the Privy Council of Scotland, directed against Walter of Raeburn as an heretic and convert to Quakerism, appointing him to be imprisoned first in Edinburgh jail, and then in that of Jedburgh; and his children to be taken by force from the society and direction of their parents, and educated at a distance from them, besides the assignment of a sum for their maintenance, sufficient in those times to be burdensome to a moderate Scottish estate.
“Apud Edin., vigesimo Junii 1665.
“The Lords of his Magesty’s Privy Council having receaved information that Scott of Raeburn, and Isobel Mackdougall, his wife, being infected with the error of Quakerism, doe endeavour to breid and trains up William, Walter, and Isobel Scotts, their children, in the same profession, doe therefore give order and command to Sir William Scott of Harden, the said Raeburn’s brother, to seperat and take away the saids children from the custody and society of the saids parents, and to cause educat and bring them up in his owne house, or any other convenient place, and ordaines letters to be direct at the said Sir William’s instance against Raeburn, for a maintenance to the saids children, and that the said Sir Wm. give ane account of his diligence with all conveniency.”
“Edinburgh, 5th July 1666.
“Anent a petition presented be Sir Wm. Scott of Harden, for himself and in name and behalf of the three children of Walter Scott of Raeburn, his brother, showing that the Lords of Councill, by ane act of the 22d day of Junii 1665, did grant power and warrand to the petitioner, to separat and take away Raeburn’s children, from his family and education, and to breed them in some convenient place, where they might be free from all infection in their younger years, from the principalls of Quakerism, and, for maintenance of the saids children, did ordain letters to be direct against Raeburn; and, seeing the Petitioner, in obedience to the said order, did take away the saids children, being two sonnes and a daughter, and after some paines taken upon them in his owne family, hes sent them to the city of Glasgow, to be bread at schooles, and there to be principled with the knowledge of the true religion, and that it is necessary the Councill determine what shall be the maintenance for which Raeburn’s three children may be charged, as likewise that Raeburn himself, being now in the Tolbooth of Edinburgh, where he dayley converses with all the Quakers who are prisoners there, and others who daily resort to them, whereby he is hardened in his pernitious opinions and principles, without all hope of recovery, unlesse he be separat from such pernitious company, humbly therefore, desyring that the Councell might determine upon the soume of money to be payed be Raeburn, for the education of his children, to the petitioner, who will be countable therefor; and that, in order to his conversion, the place of his imprisonment may be changed. The Lords of his Maj. Privy Councell having at length heard and considered the foresaid petition, doe modifie the soume of two thousand pounds Scots, to be payed yearly at the terms of Whitsunday be the said Walter Scott of Raeburn, furth of his estate to the petitioner, for the entertainment and education of the said children, beginning the first termes payment therof at Whitsunday last for the half year preceding, and so furth yearly, at the said terme of Whitsunday in tym comeing till furder orders; and ordaines the said Walter Scott of Raeburn to be transported from the tolbooth of Edinburgh to the prison of Jedburgh, where his friends and others may have occasion to convert him. And to the effect he may be secured from the practice of other Quakers, the said Lords doe hereby discharge the magistrates of Jedburgh to suffer any persons suspect of these principles to have access to him; and in case any contraveen, that they secure ther persons till they be therfore puneist; and ordaines letters to be direct heirupon in form, as effeirs.”
Both the sons, thus harshly separated from their father, proved good scholars. The eldest, William, who carried on the line of Raeburn, was, like his father, a deep Orientalist; the younger, Walter, became a good classical scholar, a great friend and correspondent of the celebrated Dr. Pitcairn, and a Jacobite so distinguished for zeal, that he made a vow never to shave his beard till the restoration of the exiled family. This last Walter Scott was the author’s great-grandfather.
There is yet another link betwixt the author and the simple-minded and excellent Society of Friends, through a proselyte of much more importance than Walter Scott of Raeburn. The celebrated John Swinton, of Swinton, nineteenth baron in descent of that ancient and once powerful family, was, with Sir William Lockhart of Lee, the person whom Cromwell chiefly trusted in the management of the Scottish affairs during his usurpation. After the Restoration, Swinton was devoted as a victim to the new order of things, and was brought down in the same vessel which conveyed the Marquis of Argyle to Edinburgh, where that nobleman was tried and executed. Swinton was destined to the same fate. He had assumed the habit, and entered into the Society of the Quakers, and appeared as one of their number before the Parliament of Scotland. He renounced all legal defence, though several pleas were open to him, and answered, in conformity to the principles of his sect, that at the time these crimes were imputed to him, he was in the gall of bitterness and bond of iniquity; but that God Almighty having since called him to the light, he saw and acknowledged these errors, and did not refuse to pay the forfeit of them, even though, in the judgment of the Parliament, it should extend to life itself.
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 assuming 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.
On Helen Walker’s tombstone in Irongray churchyard, Dumfriesshire, there is engraved the following epitaph, written by Sir Walter Scott:
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;90 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.
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 mass 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 passage, now occupied in the service of rural economy. Last year, to complete the change, a tomtit 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.]
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 illustration 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 assistance 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 assisted 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 bloody 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 petition 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.
“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 Grassmarket, 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 assist, 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.