So
down thy hill, romantic Ashbourn, glides
The
Derby dilly, carrying six insides.
Frere.
The times have changed in nothing
more (we follow as we were wont the manuscript of
Peter Pattieson) than in the rapid conveyance of intelligence
and communication betwixt one part of Scotland and
another. It is not above twenty or thirty years,
according to the evidence of many credible witnesses
now alive, since a little miserable horse-cart, performing
with difficulty a journey of thirty miles per diem,
carried our mails from the capital of Scotland to
its extremity. Nor was Scotland much more deficient
in these accommodations than our rich sister had been
about eighty years before. Fielding, in his Tom
Jones, and Farquhar, in a little farce called the
Stage-Coach, have ridiculed the slowness of these
vehicles of public accommodation. According to
the latter authority, the highest bribe could only
induce the coachman to promise to anticipate by half-an-hour
the usual time of his arrival at the Bull and Mouth.
But in both countries these ancient,
slow, and sure modes of conveyance are now alike unknown;
mail-coach races against mail-coach, and high-flyer
against high-flyer, through the most remote districts
of Britain. And in our village alone, three post-coaches,
and four coaches with men armed, and in scarlet cassocks,
thunder through the streets each day, and rival in
brilliancy and noise the invention of the celebrated
tyrant:—
Demens, qui nimbos et
non imitabile fulmen,
AEre et cornipedum pulsu, simularat,
equorum.
Now and then, to complete the resemblance,
and to correct the presumption of the venturous charioteers,
it does happen that the career of these dashing rivals
of Salmoneus meets with as undesirable and violent
a termination as that of their prototype. It
is on such occasions that the Insides and Outsides,
to use the appropriate vehicular phrases, have reason
to rue the exchange of the slow and safe motion of
the ancient Fly-coaches, which, compared with the
chariots of Mr. Palmer, so ill deserve the name.
The ancient vehicle used to settle quietly down, like
a ship scuttled and left to sink by the gradual influx
of the waters, while the modern is smashed to pieces
with the velocity of the same vessel hurled against
breakers, or rather with the fury of a bomb bursting
at the conclusion of its career through the air.
The late ingenious Mr. Pennant, whose humour it was
to set his face in stern opposition to these speedy
conveyances, had collected, I have heard, a formidable
list of such casualties, which, joined to the imposition
of innkeepers, whose charges the passengers had no
time to dispute, the sauciness of the coachman, and
the uncontrolled and despotic authority of the tyrant
called the guard, held forth a picture of horror, to
which murder, theft, fraud, and peculation, lent all
their dark colouring. But that which gratifies
the impatience of the human disposition will be practised
in the teeth of danger, and in defiance of admonition;
and, in despite of the Cambrian antiquary, mail-coaches
not only roll their thunders round the base of Penman-Maur
and Cader-Idris, but
Frighted Skiddaw
hears afar
The rattling of the unscythed
car.
And perhaps the echoes of Ben Nevis
may soon be awakened by the bugle, not of a warlike
chieftain, but of the guard of a mail-coach.
It was a fine summer day, and our
little school had obtained a half-holiday, by the
intercession of a good-humoured visitor.
His honour Gilbert Goslinn of Gandercleugh;
for I love to be precise in matters of importance.—J.
C.
I expected by the coach a new number
of an interesting periodical publication, and walked
forward on the highway to meet it, with the impatience
which Cowper has described as actuating the resident
in the country when longing for intelligence from
the mart of news.—
The
grand debate,
The
popular harangue,—the tart reply,—
The
logic, and the wisdom, and the wit,
And
the loud laugh,—I long to know them all;—
I
burn to set the imprisoned wranglers free,
And
give them voice and utterance again.
It was with such feelings that I eyed
the approach of the new coach, lately established
on our road, and known by the name of the Somerset,
which, to say truth, possesses some interest for me,
even when it conveys no such important information.
The distant tremulous sound of its wheels was heard
just as I gained the summit of the gentle ascent, called
the Goslin-brae, from which you command an extensive
view down the valley of the river Gander. The
public road, which comes up the side of that stream,
and crosses it at a bridge about a quarter of a mile
from the place where I was standing, runs partly through
enclosures and plantations, and partly through open
pasture land. It is a childish amusement perhaps,—but
my life has been spent with children, and why should
not my pleasures be like theirs?—childish
as it is then, I must own I have had great pleasure
in watching the approach of the carriage, where the
openings of the road permit it to be seen. The
gay glancing of the equipage, its diminished and toy-like
appearance at a distance, contrasted with the rapidity
of its motion, its appearance and disappearance at
intervals, and the progressively increasing sounds
that announce its nearer approach, have all to the
idle and listless spectator, who has nothing more
important to attend to, something of awakening interest.
The ridicule may attach to me, which is flung upon
many an honest citizen, who watches from the window
of his villa the passage of the stage-coach; but it
is a very natural source of amusement notwithstanding,
and many of those who join in the laugh are perhaps
not unused to resort to it in secret.
On the present occasion, however,
fate had decreed that I should not enjoy the consummation
of the amusement by seeing the coach rattle past me
as I sat on the turf, and hearing the hoarse grating
voice of the guard as he skimmed forth for my grasp
the expected packet, without the carriage checking
its course for an instant. I had seen the vehicle
thunder down the hill that leads to the bridge with
more than its usual impetuosity, glittering all the
while by flashes from a cloudy tabernacle of the dust
which it had raised, and leaving a train behind it
on the road resembling a wreath of summer mist.
But it did not appear on the top of the nearer bank
within the usual space of three minutes, which frequent
observation had enabled me to ascertain was the medium
time for crossing the bridge and mounting the ascent.
When double that space had elapsed, I became alarmed,
and walked hastily forward. As I came in sight
of the bridge, the cause of delay was too manifest,
for the Somerset had made a summerset in good earnest,
and overturned so completely, that it was literally
resting upon the ground, with the roof undermost, and
the four wheels in the air. The “exertions
of the guard and coachman,” both of whom were
gratefully commemorated in the newspapers, having succeeded
in disentangling the horses by cutting the harness,
were now proceeding to extricate the insides by a
sort of summary and Caesarean process of delivery,
forcing the hinges from one of the doors which they
could not open otherwise. In this manner were
two disconsolate damsels set at liberty from the womb
of the leathern conveniency. As they immediately
began to settle their clothes, which were a little
deranged, as may be presumed, I concluded they had
received no injury, and did not venture to obtrude
my services at their toilette, for which, I understand,
I have since been reflected upon by the fair sufferers.
The outsides, who must have been discharged
from their elevated situation by a shock resembling
the springing of a mine, escaped, nevertheless, with
the usual allowance of scratches and bruises, excepting
three, who, having been pitched into the river Gander,
were dimly seen contending with the tide like the
relics of AEneas’s shipwreck,—
Rari apparent mantes
in gurgite vasto.
I applied my poor exertions where
they seemed to be most needed, and with the assistance
of one or two of the company who had escaped unhurt,
easily succeeded in fishing out two of the unfortunate
passengers, who were stout active young fellows; and,
but for the preposterous length of their greatcoats,
and the equally fashionable latitude and longitude
of their Wellington trousers, would have required
little assistance from any one. The third was
sickly and elderly, and might have perished but for
the efforts used to preserve him.
When the two greatcoated gentlemen
had extricated themselves from the river, and shaken
their ears like huge water-dogs, a violent altercation
ensued betwixt them and the coachman and guard, concerning
the cause of their overthrow. In the course of
the squabble, I observed that both my new acquaintances
belonged to the law, and that their professional sharpness
was likely to prove an overmatch for the surly and
official tone of the guardians of the vehicle.
The dispute ended in the guard assuring the passengers
that they should have seats in a heavy coach which
would pass that spot in less than half-an-hour, provided
it were not full. Chance seemed to favour this
arrangement, for when the expected vehicle, arrived,
there were only two places occupied in a carriage which
professed to carry six. The two ladies who had
been disinterred out of the fallen vehicle were readily
admitted, but positive objections were stated by those
previously in possession to the admittance of the two
lawyers, whose wetted garments being much of the nature
of well-soaked sponges, there was every reason to
believe they would refund a considerable part of the
water they had collected, to the inconvenience of
their fellow-passengers. On the other hand, the
lawyers rejected a seat on the roof, alleging that
they had only taken that station for pleasure for
one stage, but were entitled in all respects to free
egress and regress from the interior, to which their
contract positively referred. After some altercation,
in which something was said upon the edict Nautae
caupones stabularii, the coach went off, leaving
the learned gentlemen to abide by their action of
damages.
They immediately applied to me to
guide them to the next village and the best inn; and
from the account I gave them of the Wallace Head, declared
they were much better pleased to stop there than to
go forward upon the terms of that impudent scoundrel
the guard of the Somerset. All that they now
wanted was a lad to carry their travelling bags, who
was easily procured from an adjoining cottage; and
they prepared to walk forward, when they found there
was another passenger in the same deserted situation
with themselves. This was the elderly and sickly-looking
person, who had been precipitated into the river along
with the two young lawyers. He, it seems, had
been too modest to push his own plea against the coachman
when he saw that of his betters rejected, and now remained
behind with a look of timid anxiety, plainly intimating
that he was deficient in those means of recommendation
which are necessary passports to the hospitality of
an inn.
I ventured to call the attention of
the two dashing young blades, for such they seemed,
to the desolate condition of their fellow-traveller.
They took the hint with ready good-nature.
“O, true, Mr. Dunover,”
said one of the youngsters, “you must not remain
on the pave’ here; you must go and have some
dinner with us—Halkit and I must have a
post-chaise to go on, at all events, and we will set
you down wherever suits you best.”
The poor man, for such his dress,
as well as his diffidence, bespoke him, made the sort
of acknowledging bow by which says a Scotsman, “It’s
too much honour for the like of me;” and followed
humbly behind his gay patrons, all three besprinkling
the dusty road as they walked along with the moisture
of their drenched garments, and exhibiting the singular
and somewhat ridiculous appearance of three persons
suffering from the opposite extreme of humidity, while
the summer sun was at its height, and everything else
around them had the expression of heat and drought.
The ridicule did not escape the young gentlemen themselves,
and they had made what might be received as one or
two tolerable jests on the subject before they had
advanced far on their peregrination.
“We cannot complain, like Cowley,”
said one of them, “that Gideon’s fleece
remains dry, while all around is moist; this is the
reverse of the miracle.”
“We ought to be received with
gratitude in this good town; we bring a supply of
what they seem to need most,” said Halkit.
“And distribute it with unparalleled
generosity,” replied his companion; “performing
the part of three water-carts for the benefit of their
dusty roads.”
“We come before them, too,”
said Halkit, “in full professional force—counsel
and agent”—
“And client,” said the
young advocate, looking behind him; and then added,
lowering his voice, “that looks as if he had
kept such dangerous company too long.”
It was, indeed, too true, that the
humble follower of the gay young men had the threadbare
appearance of a worn-out litigant, and I could not
but smile at the conceit, though anxious to conceal
my mirth from the object of it.
When we arrived at the Wallace Inn,
the elder of the Edinburgh gentlemen, and whom I understood
to be a barrister, insisted that I should remain and
take part of their dinner; and their inquiries and
demands speedily put my landlord and his whole family
in motion to produce the best cheer which the larder
and cellar afforded, and proceed to cook it to the
best advantage, a science in which our entertainers
seemed to be admirably skilled. In other respects
they were lively young men, in the hey-day of youth
and good spirits, playing the part which is common
to the higher classes of the law at Edinburgh, and
which nearly resembles that of the young Templars
in the days of Steele and Addison. An air of giddy
gaiety mingled with the good sense, taste, and information
which their conversation exhibited; and it seemed
to be their object to unite the character of men of
fashion and lovers of the polite arts. A fine
gentleman, bred up in the thorough idleness and inanity
of pursuit, which I understand is absolutely necessary
to the character in perfection, might in all probability
have traced a tinge of professional pedantry which
marked the barrister in spite of his efforts, and something
of active bustle in his companion, and would certainly
have detected more than a fashionable mixture of information
and animated interest in the language of both.
But to me, who had no pretensions to be so critical,
my companions seemed to form a very happy mixture
of good-breeding and liberal information, with a disposition
to lively rattle, pun, and jest, amusing to a grave
man, because it is what he himself can least easily
command.
The thin pale-faced man, whom their
good-nature had brought into their society, looked
out of place as well as out of spirits; sate on the
edge of his seat, and kept the chair at two feet distance
from the table; thus incommoding himself considerably
in conveying the victuals to his mouth, as if by way
of penance for partaking of them in the company of
his superiors. A short time after dinner, declining
all entreaty to partake of the wine, which circulated
freely round, he informed himself of the hour when
the chaise had been ordered to attend; and saying he
would be in readiness, modestly withdrew from the
apartment.
“Jack,” said the barrister
to his companion, “I remember that poor fellow’s
face; you spoke more truly than you were aware of;
he really is one of my clients, poor man.”
“Poor man!” echoed Halkit—“I
suppose you mean he is your one and only client?”
“That’s not my fault,
Jack,” replied the other, whose name I discovered
was Hardie. “You are to give me all your
business, you know; and if you have none, the learned
gentleman here knows nothing can come of nothing.”
“You seem to have brought something
to nothing though, in the case of that honest man.
He looks as if he were just about to honour with his
residence the Heart of Mid-Lothian.”
“You are mistaken—he
is just delivered from it.—Our friend here
looks for an explanation. Pray, Mr. Pattieson,
have you been in Edinburgh?”
I answered in the affirmative.
“Then you must have passed,
occasionally at least, though probably not so faithfully
as I am doomed to do, through a narrow intricate passage,
leading out of the north-west corner of the Parliament
Square, and passing by a high and antique building
with turrets and iron grates,
Making
good the saying odd,
‘Near
the church and far from God’”—
Mr. Halkit broke in upon his learned
counsel, to contribute his moiety to the riddle—“Having
at the door the sign of the Red man”—
“And being on the whole,”
resumed the counsellor interrupting his friend in
his turn, “a sort of place where misfortune is
happily confounded with guilt, where all who are in
wish to get out”—
“And where none who have the
good luck to be out, wish to get in,” added
his companion.
“I conceive you, gentlemen,”
replied I; “you mean the prison.”
“The prison,” added the
young lawyer—“You have hit it—the
very reverend Tolbooth itself; and let me tell you,
you are obliged to us for describing it with so much
modesty and brevity; for with whatever amplifications
we might have chosen to decorate the subject, you lay
entirely at our mercy, since the Fathers Conscript
of our city have decreed that the venerable edifice
itself shall not remain in existence to confirm or
to confute its.”
“Then the Tolbooth of Edinburgh
is called the Heart of Mid-Lothian?” said I.
“So termed and reputed, I assure you.”
“I think,” said I, with
the bashful diffidence with which a man lets slip
a pun in presence of his superiors, “the metropolitan
county may, in that case, be said to have a sad heart.”
“Right as my glove, Mr. Pattieson,”
added Mr. Hardie; “and a close heart, and a
hard heart—Keep it up, Jack.”
“And a wicked heart, and a poor
heart,” answered Halkit, doing his best.
“And yet it may be called in
some sort a strong heart, and a high heart,”
rejoined the advocate. “You see I can put
you both out of heart.”
“I have played all my hearts,” said the
younger gentleman.
“Then we’ll have another
lead,” answered his companion.—“And
as to the old and condemned Tolbooth, what pity the
same honour cannot be done to it as has been done
to many of its inmates. Why should not the Tolbooth
have its ‘Last Speech, Confession, and Dying
Words?’ The old stones would be just as conscious
of the honour as many a poor devil who has dangled
like a tassel at the west end of it, while the hawkers
were shouting a confession the culprit had never heard
of.”
“I am afraid,” said I,
“if I might presume to give my opinion, it would
be a tale of unvaried sorrow and guilt.”
“Not entirely, my friend,”
said Hardie; “a prison is a world within itself,
and has its own business, griefs, and joys, peculiar
to its circle. Its inmates are sometimes short-lived,
but so are soldiers on service; they are poor relatively
to the world without, but there are degrees of wealth
and poverty among them, and so some are relatively
rich also. They cannot stir abroad, but neither
can the garrison of a besieged fort, or the crew of
a ship at sea; and they are not under a dispensation
quite so desperate as either, for they may have as
much food as they have money to buy, and are not obliged
to work, whether they have food or not.”
“But what variety of incident,”
said I (not without a secret view to my present task),
“could possibly be derived from such a work as
you are pleased to talk of?”
“Infinite,” replied the
young advocate. “Whatever of guilt, crime,
imposture, folly, unheard-of misfortunes, and unlooked-for
change of fortune, can be found to chequer life, my
Last Speech of the Tolbooth should illustrate with
examples sufficient to gorge even the public’s
all-devouring appetite for the wonderful and horrible.
The inventor of fictitious narratives has to rack
his brains for means to diversify his tale, and after
all can hardly hit upon characters or incidents which
have not been used again and again, until they are
familiar to the eye of the reader, so that the development,
enle’vement, the desperate wound of which
the hero never dies, the burning fever from which the
heroine is sure to recover, become a mere matter of
course. I join with my honest friend Crabbe,
and have an unlucky propensity to hope, when hope is
lost, and to rely upon the cork-jacket, which carries
the heroes of romance safe through all the billows
of affliction.” He then declaimed the following
passage, rather with too much than too little emphasis:—
Much
have I feared, but am no more afraid,
When
some chaste beauty by some wretch betrayed,
Is
drawn away with such distracted speed,
That
she anticipates a dreadful deed.
Not
so do I—Let solid walls impound
The
captive fair, and dig a moat around;
Let
there be brazen locks and bars of steel,
And
keepers cruel, such as never feel;
With
not a single note the purse supply,
And
when she begs, let men and maids deny;
Be
windows there from which she dare not fall,
And
help so distant, ’tis in vain to call;
Still
means of freedom will some Power devise,
And
from the baffled ruffian snatch his prize.
“The end of uncertainty,”
he concluded, “is the death of interest; and
hence it happens that no one now reads novels.”
“Hear him, ye gods!” returned
his companion. “I assure you, Mr. Pattieson,
you will hardly visit this learned gentleman, but you
are likely to find the new novel most in repute lying
on his table,—snugly intrenched, however,
beneath Stair’s Institutes, or an open volume
of Morrison’s Decisions.”
“Do I deny it?” said the
hopeful jurisconsult, “or wherefore should I,
since it is well known these Delilahs seduce my wisers
and my betters? May they not be found lurking
amidst the multiplied memorials of our most distinguished
counsel, and even peeping from under the cushion of
a judge’s arm-chair? Our seniors at the
bar, within the bar, and even on the bench, read novels;
and, if not belied, some of them have written novels
into the bargain. I only say, that I read from
habit and from indolence, not from real interest;
that, like ancient Pistol devouring his leek, I read
and swear till I get to the end of the narrative.
But not so in the real records of human vagaries—not
so in the State Trials, or in the Books of Adjournal,
where every now and then you read new pages of the
human heart, and turns of fortune far beyond what the
boldest novelist ever attempted to produce from the
coinage of his brain.”
“And for such narratives,”
I asked, “you suppose the History of the Prison
of Edinburgh might afford appropriate materials?”
“In a degree unusually ample,
my dear sir,” said Hardie—“Fill
your glass, however, in the meanwhile. Was it
not for many years the place in which the Scottish
parliament met? Was it not James’s place
of refuge, when the mob, inflamed by a seditious preacher,
broke, forth, on him with the cries of ’The
sword of the Lord and of Gideon—bring forth
the wicked Haman?’ Since that time how many
hearts have throbbed within these walls, as the tolling
of the neighbouring bell announced to them how fast
the sands of their life were ebbing; how many must
have sunk at the sound—how many were supported
by stubborn pride and dogged resolution—how
many by the consolations of religion? Have there
not been some, who, looking back on the motives of
their crimes, were scarce able to understand how they
should have had such temptation as to seduce them
from virtue; and have there not, perhaps, been others,
who, sensible of their innocence, were divided between
indignation at the undeserved doom which they were
to undergo, consciousness that they had not deserved
it, and racking anxiety to discover some way in which
they might yet vindicate themselves? Do you suppose
any of these deep, powerful, and agitating feelings,
can be recorded and perused without exciting a corresponding
depth of deep, powerful, and agitating interest?—Oh!
do but wait till I publish the Causes Ce’le’bres
of Caledonia, and you will find no want of a novel
or a tragedy for some time to come. The true
thing will triumph over the brightest inventions of
the most ardent imagination. Magna est veritas,
et praevalebit.”
“I have understood,” said
I, encouraged by the affability of my rattling entertainer,
“that less of this interest must attach to Scottish
jurisprudence than to that of any other country.
The general morality of our people, their sober and
prudent habits”—
“Secure them,” said the
barrister, “against any great increase of professional
thieves and depredators, but not against wild and wayward
starts of fancy and passion, producing crimes of an
extraordinary description, which are precisely those
to the detail of which we listen with thrilling interest.
England has been much longer a highly civilised country;
her subjects have been very strictly amenable to laws
administered without fear or favour, a complete division
of labour has taken place among her subjects, and
the very thieves and robbers form a distinct class
in society, subdivided among themselves according to
the subject of the depredations, and the mode in which
they carry them on, acting upon regular habits and
principles, which can be calculated and anticipated
at Bow Street, Hatton Garden, or the Old Bailey.
Our sister kingdom is like a cultivated field,—the
farmer expects that, in spite of all his care, a certain
number of weeds will rise with the corn, and can tell
you beforehand their names and appearance. But
Scotland is like one of her own Highland glens, and
the moralist who reads the records of her criminal
jurisprudence, will find as many curious anomalous
facts in the history of mind, as the botanist will
detect rare specimens among her dingles and cliffs.”
“And that’s all the good
you have obtained from three perusals of the Commentaries
on Scottish Criminal Jurisprudence?” said his
companion. “I suppose the learned author
very little thinks that the facts which his erudition
and acuteness have accumulated for the illustration
of legal doctrines, might be so arranged as to form
a sort of appendix to the half-bound and slip-shod
volumes of the circulating library.”
“I’ll bet you a pint of
claret,” said the elder lawyer, “that he
will not feel sore at the comparison. But as
we say at the bar, ’I beg I may not be interrupted;’
I have much more to say, upon my Scottish collection
of Causes Ce’le’bres. You will
please recollect the scope and motive given for the
contrivance and execution of many extraordinary and
daring crimes, by the long civil dissensions of Scotland—by
the hereditary jurisdictions, which, until 1748, rested
the investigation of crises in judges, ignorant, partial,
or interested—by the habits of the gentry,
shut up in their distant and solitary mansion-houses,
nursing their revengeful Passions just to keep their
blood from stagnating—not to mention that
amiable national qualification, called the perfervidum
ingenium Scotorum, which our lawyers join in alleging
as a reason for the severity of some of our enactments.
When I come to treat of matters so mysterious, deep,
and dangerous, as these circumstances have given rise
to, the blood of each reader shall be curdled, and
his epidermis crisped into goose skin.—But,
hist!—here comes the landlord, with tidings,
I suppose, that the chaise is ready.”
It was no such thing—the
tidings bore, that no chaise could be had that evening,
for Sir Peter Plyem had carried forward my landlord’s
two pairs of horses that morning to the ancient royal
borough of Bubbleburgh, to look after his interest
there. But as Bubbleburgh is only one of a set
of five boroughs which club their shares for a member
of parliament, Sir Peter’s adversary had judiciously
watched his departure, in order to commence a canvass
in the no less royal borough of Bitem, which, as all
the world knows, lies at the very termination of Sir
Peter’s avenue, and has been held in leading-strings
by him and his ancestors for time immemorial.
Now Sir Peter was thus placed in the situation of an
ambitious monarch, who, after having commenced a daring
inroad into his enemy’s territories, is suddenly
recalled by an invasion of his own hereditary dominions.
He was obliged in consequence to return from the half-won
borough of Bubbleburgh, to look after the half-lost
borough of Bitem, and the two pairs of horses which
had carried him that morning to Bubbleburgh were now
forcibly detained to transport him, his agent, his
valet, his jester, and his hard-drinker, across the
country to Bitem. The cause of this detention,
which to me was of as little consequence as it may
be to the reader, was important enough to my companions
to reconcile them to the delay. Like eagles,
they smelled the battle afar off, ordered a magnum
of claret and beds at the Wallace, and entered at full
career into the Bubbleburgh and Bitem politics, with
all the probable “Petitions and complaints”
to which they were likely to give rise.
In the midst of an anxious, animated,
and, to me, most unintelligible discussion, concerning
provosts, bailies, deacons, sets of boroughs, leets,
town-clerks, burgesses resident and non-resident, all
of a sudden the lawyer recollected himself. “Poor
Dunover, we must not forget him;” and the landlord
was despatched in quest of the pauvre honteux,
with an earnestly civil invitation to him for the
rest of the evening. I could not help asking
the young gentlemen if they knew the history of this
poor man; and the counsellor applied himself to his
pocket to recover the memorial or brief from which
he had stated his cause.
“He has been a candidate for
our remedium miserabile,” said Mr. Hardie,
“commonly called a cessio bonorum. As
there are divines who have doubted the eternity of
future punishments, so the Scotch lawyers seem to
have thought that the crime of poverty might be atoned
for by something short of perpetual imprisonment.
After a month’s confinement, you must know,
a prisoner for debt is entitled, on a sufficient statement
to our Supreme Court, setting forth the amount of
his funds, and the nature of his misfortunes, and
surrendering all his effects to his creditors, to
claim to be discharged from prison.”
“I had heard,” I replied, “of such
a humane regulation.”
“Yes,” said Halkit, “and
the beauty of it is, as the foreign fellow said, you
may get the cessio, when the bonorums
are all spent—But what, are you puzzling
in your pockets to seek your only memorial among old
play-bills, letters requesting a meeting of the Faculty,
rules of the Speculative Society,* syllabus’
of lectures—all the miscellaneous contents
of a young advocate’s pocket, which contains
everything but briefs and bank-notes?
* [A well-known debating club in Edinburgh.]
Can you not state a case of cessio
without your memorial? Why, it is done every
Saturday. The events follow each other as regularly
as clock-work, and one form of condescendence might
suit every one of them.”
“This is very unlike the variety
of distress which this gentleman stated to fall under
the consideration of your judges,” said I.
“True,” replied Halkit;
“but Hardie spoke of criminal jurisprudence,
and this business is purely civil. I could plead
a cessio myself without the inspiring honours
of a gown and three-tailed periwig—Listen.—My
client was bred a journeyman weaver—made
some little money—took a farm—(for
conducting a farm, like driving a gig, comes by nature)—late
severe times—induced to sign bills with
a friend, for which he received no value—landlord
sequestrates—creditors accept a composition—pursuer
sets up a public-house—fails a second time—is
incarcerated for a debt of ten pounds seven shillings
and sixpence—his debts amount to blank—his
losses to blank—his funds to blank—leaving
a balance of blank in his favour. There is no
opposition; your lordships will please grant commission
to take his oath.”
Hardie now renounced this ineffectual
search, in which there was perhaps a little affectation,
and told us the tale of poor Dunover’s distresses,
with a tone in which a degree of feeling, which he
seemed ashamed of as unprofessional, mingled with
his attempts at wit, and did him more honour.
It was one of those tales which seem to argue a sort
of ill-luck or fatality attached to the hero.
A well-informed, industrious, and blameless, but poor
and bashful man, had in vain essayed all the usual
means by which others acquire independence, yet had
never succeeded beyond the attainment of bare subsistence.
During a brief gleam of hope, rather than of actual
prosperity, he had added a wife and family to his
cares, but the dawn was speedily overcast. Everything
retrograded with him towards the verge of the miry
Slough of Despond, which yawns for insolvent debtors;
and after catching at each twig, and experiencing the
protracted agony of feeling them one by one elude his
grasp, he actually sunk into the miry pit whence he
had been extricated by the professional exertions
of Hardie.
“And, I suppose, now you have
dragged this poor devil ashore, you will leave him
half naked on the beach to provide for himself?”
said Halkit. “Hark ye,”—and
he whispered something in his ear, of which the penetrating
and insinuating words, “Interest with my Lord,”
alone reached mine.
“It is pessimi exempli,”
said Hardie, laughing, “to provide for a ruined
client; but I was thinking of what you mention, provided
it can be managed—But hush! here he comes.”
The recent relation of the poor man’s
misfortunes had given him, I was pleased to observe,
a claim to the attention and respect of the young
men, who treated him with great civility, and gradually
engaged him in a conversation, which, much to my satisfaction,
again turned upon the Causes Ce’le’bres
of Scotland. Imboldened by the kindness with which
he was treated, Mr. Dunover began to contribute his
share to the amusement of the evening. Jails,
like other places, have their ancient traditions,
known only to the inhabitants, and handed down from
one set of the melancholy lodgers to the next who
occupy their cells. Some of these, which Dunover
mentioned, were interesting, and served to illustrate
the narratives of remarkable trials, which Hardie
had at his finger-ends, and which his companion was
also well skilled in. This sort of conversation
passed away the evening till the early hour when Mr.
Dunover chose to retire to rest, and I also retreated
to take down memorandums of what I had learned, in
order to add another narrative to those which it had
been my chief amusement to collect, and to write out
in detail. The two young men ordered a broiled
bone, Madeira negus, and a pack of cards, and commenced
a game at picquet.
Next morning the travellers left Gandercleugh.
I afterwards learned from the papers that both have
been since engaged in the great political cause of
Bubbleburgh and Bitem, a summary case, and entitled
to particular despatch; but which, it is thought,
nevertheless, may outlast the duration of the parliament
to which the contest refers. Mr. Halkit, as the
newspapers informed me, acts as agent or solicitor;
and Mr. Hardie opened for Sir Peter Plyem with singular
ability, and to such good purpose, that I understand
he has since had fewer play-bills and more briefs
in his pocket. And both the young gentlemen deserve
their good fortune; for I learned from Dunover, who
called on me some weeks afterwards, and communicated
the intelligence with tears in his eyes, that their
interest had availed to obtain him a small office for
the decent maintenance of his family; and that, after
a train of constant and uninterrupted misfortune,
he could trace a dawn of prosperity to his having
the good fortune to be flung from the top of a mail-coach
into the river Gander, in company with an advocate
and a writer to the Signet. The reader will not
perhaps deem himself equally obliged to the accident,
since it brings upon him the following narrative, founded
upon the conversation of the evening.