feelings. Had a stranger consulted only the evidence of his ears, he might have supposed that so vast a multitude were assembled for some purpose which affected them with the deepest sorrow, and stilled those noises which, on all ordinary occasions, arise from such a concourse; but if he gazed upon their faces, he would have been instantly undeceived. The compressed lip, the bent brow, the stern and flashing eye of almost every one on whom he looked, conveyed the expression of men come to glut their sight with triumphant revenge. It is probable that the appearance of the criminal might have somewhat changed the temper of the populace in his favour, and that they might in the moment of death have forgiven the man against whom their resentment had been so fiercely heated. It had, however, been destined, that the mutability of their sentiments was not to be exposed to this trial.

66

The usual hour for producing the criminal had been past for many minutes, yet the spectators observed no symptom of his appearance. "Would they venture to defraud public justice ?" was the question which men began anxiously to ask at each other. The first answer in every case was bold and positive, They dare not.' But when the point was farther canvassed, other opinions were entertained, and various causes of doubt were suggested. Porteous had been a favourite officer of the magistracy of the city, which, being a numerous and fluctuating body, requires for its support a degree of energy in its functionaries, which the individuals who compose it cannot at all times alike be supposed to possess in their own persons. It was remembered, that in the Information for Porteous, (the paper, namely, in which his case was stated to the Judges of the criminal court,) he had been described by his counsel as the person on whom the magistrates chiefly relied in all emergencies of uncommon difficulty. It was argued, too, that his conduct, on the unhappy occasion of Wilson's execution, was capable of being attributed to an imprudent excess of zeal in the execution of his duty, a motive for which those under whose authority he acted might be supposed to have great sympathy. And as these considerations might move the magistrates to make a favourable representation of Porteous's case, there were not wanting others in the higher departments of government, which would make such suggestions favourably listened to. The mob of Edinburgh, when thoroughly excited, had been at all times one of the fiercest which could be found in Europe; and of late years they had risen repeatedly against the government, and sometimes not without temporary success. They were conscious, therefore, that they were no favourites with the rulers of the period, and that, if Captain Porteous's violence was not altogether regarded as good service, it might certainly be thought, that to visit it with a capital punishment would render it both delicate and dangerous for future officers, in the same circumstances, to act with effect in repressing tumults. There is also a natural feeling, on the part of all members of government, for the general maintenance of authority; and it seemed not unlikely, that what to the relatives of the sufferers appeared a wanton and unprovoked massacre, should be otherwise viewed in the cabinet of St James's. It might be there supposed, that, upon the whole matter, Captain Porteous was in the exercise of a trust delegated

to him by the lawful civil authority; that he ha been assaulted by the populace, and several of hi men hurt; and that, in finally repelling force by force, his conduct could be fairly imputed to n other motive than self-defence in the discharge o his duty. |

These considerations, of themselves very power ful, induced the spectators to apprehend the possi bility of a reprieve; and to the various causes whic might interest the rulers in his favour, the lowe part of the rabble added one which was peculiarly well adapted to their comprehension. It wa averred, in order to increase the odium agains Porteous, that while he repressed with the utmos severity the slightest excesses of the poor, he no only overlooked the licence of the young nobles and gentry, but was very willing to lend them the coun tenance of his official authority, in execution of suc loose pranks as it was chiefly his duty to have re strained. This suspicion, which was perhaps muc! exaggerated, made a deep impression on the mind of the populace; and when several of the highe rank joined in a petition, recommending Porteou to the mercy of the crown, it was generally sup posed he owed their favour not to any conviction o the hardship of his case, but to the fear of losing a convenient accomplice in their debaucheries. I is scarcely necessary to say how much this suspicion augmented the people's detestation of this obnoxious criminal, as well as their fear of his escaping the sentence pronounced against him.

While these arguments were stated and replied to, and canvassed and supported, the hitherto silent expectation of the people became changed into that deep and agitating murmur, which is sent forth by the ocean before the tempest begins to howl. The crowded populace, as if their motions had corresponded with the unsettled state of their minds, fluctuated to and fro without any visible cause of impulse, like the agitation of the waters, called by sailors the ground-swell. The news, which the magistrates had almost hesitated to communicate to them, were at length announced, and spread among the spectators with a rapidity like lightning. A reprieve from the Secretary of State's office, under the hand of his Grace the Duke of Newcastle, had arrived, intimating the pleasure of Queen Caroline, (regent of the kingdom during the absence of George II. on the Continent,) that the execution of the sentence of death pronounced against John Porteous, late Captain-Lieutenant of the City-Guard of Edinburgh, present prisoner in the tolbooth of that city, be respited for six weeks from the time appointed for his execution.

The assembled spectators of almost all degrees whose minds had been wound up to the pitch which we have described, uttered a groan, or rather a roar of indignation and disappointed revenge, similar t that of a tiger from whom his meal has been rent by his keeper when he was just about to devour it This fierce exclamation seemed to forebode some immediate explosion of popular resentment, and, in fact, such had been expected by the magistrates and the necessary measures had been taken to repress it. But the shout was not repeated, no did any sudden tumult ensue, such as it appeared to announce. The populace seemed to be ashamed of having expressed their disappointment in a vair clamour, and the sound changed, not into the silence which had preceded the arrival of these stunning

was, but into stiffed mutterings, which each group maintained among themselves, and which were tended into one deep and hoarse murmur which floated above the assembly.

Yet still, though all expectation of the execution was over, the mob remained assembled, stationary, as it were, through very resentment, gazing on the preparations for death, which had now been made in vain, and stimulating their feelings, by recalling the various claims which Wilson might have had en royal mercy, from the mistaken motives on which he acted, as well as from the generosity he Ind played towards his accomplice. "This man," they said, the brave, the resolute, the generous, was executed to death without mercy for stealing a parse of gold, which in some sense he might consier as a fair reprisal; while the profligate satellite, who took advantage of a trifling tumult, inseparable from such occasions, to shed the blood of twenty of his fellow-citizens, is deemed a fitting object for the exercise of the royal prerogative of mercy. Is this to be borne ! - would our fathers have borne it? Are not we, like them, Scotsmen and burghers <f Edinburgh!"

The officers of justice began now to remove the safe, and other preparations which had been made for the execution, in hopes, by doing so, to accelerate the dispersion of the multitude. The marasure had the desired effect; for no sooner had the fatal tree been unfixed from the large stone pedestal or socket in which it was secured, and sunk slowly down upon the wain intended to remove it to the place where it was usually deposited, than the populace, after giving vent to their feelings in a second shout of rage and mortification, began slowly to disperse to their usual abodes and occupations.

The windows were in like manner gradually deserted, and groups of the more decent class of citizens formed themselves, as if waiting to return bomewards when the streets should be cleared of the rabble. Contrary to what is frequently the case, this description of persons agreed in general with the sentiments of their inferiors, and considered the cause as common to all ranks. Indeed, as we have already noticed, it was by no means amongst the lowest class of the spectators, or those most likely to be engaged in the riot at Wilson's execution, that the fatal fire of Porteous's soldiers had taken effect. Several persons were killed who were looking out at windows at the scene, who could not of course belong to the rioters, and were persons of decent rank and condition. The burghers, therefore, resenting the loss which had fallen on their own body, and proud and tenacious of their rights, as the citizens of Edinburgh have at all fimes been, were greatly exasperated at the unexpected respite of Captain Porteous.

It was noticed at the time, and afterwards more particularly remembered, that, while the mob were the act of dispersing, several individuals were even busily passing from one place and one group of people to another, remaining long with none, but whispering for a little time with those who appeared to be declaiming most violently against the conduct of government. These active agents had the appearance of men from the country, and were generally supposed to be old friends and confederates of Wilson, whose minds were of course highly excited against Porteous.

If, however, it was the intention of these men to stir the multitude to any sudden act of mutiny, it seemed for the time to be fruitless. The rabble, as well as the more decent part of the assembly, dispersed, and went home peaceably; and it was only by observing the moody discontent on their brows, or catching the tenor of the conversation they held with each other, that a stranger could estimate the state of their minds. We will give the reader this advantage, by associating ourselves with one of the numerous groups who were painfully ascending the steep declivity of the West Bow, to return to their dwellings in the Lawnmarket.

"An unco thing this, Mrs Howden," said old Peter Plumdamas to his neighbour the roupingwife, or saleswoman, as he offered her his arm to assist her in the toilsome ascent, "to see the grit folk at Lunnon set their face against law and gospel, and let loose sic a reprobate as Porteous upon a peaceable town!"

and

"And to think o' the weary walk they hae gien us," answered Mrs Howden, with a groan; sic a comfortable window as I had gotten, too, just within a penny-stane-cast of the scaffold—I could hae heard every word the minister said — and to pay twalpennies for my stand, and a' for naething !”

"I am judging," said Mr Plumdamas, "that this reprieve wadna stand gude in the auld Scots law, when the kingdom was a kingdom."

"I dinna ken muckle about the law," answered Mrs Howden; "but I ken, when we had a king, and a chancellor, and parliament-men o' our ain, we could aye peeble them wi' stanes when they werena gude bairns-But naebody's nails can reach the length o' Lunnon."

"Weary on Lunnon, and a' that e'er came out o't!" said Miss Grizel Damahoy, an ancient seamstress; "they hae taen away our parliament and they hae oppressed our trade. Our gentles will hardly allow that a Scots needle can sew ruffles on a sark, or lace on an owerlay."

"Ye may say that-Miss Damahoy, and I ken o' them that hae gotten raisins frae Lunnon by forpits at ance," responded Plumdamas; " and then sic an host of idle English gaugers and excisemen as hae come down to vex and torment us, that an honest man canna fetch sae muckle as a bit anker o' brandy frae Leith to the Lawnmarket, but he's like to be rubbit o' the very gudes he's bought and paid for.-Weel, I winna justify Andrew Wilson for pitting hands on what wasna his; but if he took nae mair than his ain, there 's an awfu' difference between that and the fact this man stands for."

"If ye speak about the law," said Mrs Howden, "here comes Mr Saddletree, that can settle it as weel as ony on the bench."

The party she mentioned, a grave elderly person with a superb periwig, dressed in a decent suit of sad-coloured clothes, came up as she spoke, and courteously gave his arm to Miss Grizel Damahoy, It may be necessary to mention, that Mr Bartoline Saddletree kept an excellent and highlyesteemed shop for harness, saddles, &c. &c. at the sign of the Golden Nag, at the head of Bess Wynd. His genius, however, (as he himself and most of his neighbours conceived,) lay towards the weightier matters of the law, and he failed not to give frequent attendance upon the pleadings and arguments of the lawyers and judges in the neighbouring square, where, to say the truth, he was oftener to

be found than would have consisted with his own emolument, but that his wife, an active painstaking person, could, in his absence, make an admirable shift to please the customers and scold the journeymen. This good lady was in the habit of letting her husband take his way, and go on improving his stock of legal knowledge without interruption; but, as if in requital, she insisted upon having her own will in the domestic and commercial departments which he abandoned to her. Now, as Bartoline Saddletree had a considerable gift of words, which he mistook for eloquence, and conferred more liberally upon the society in which he lived than was at all times gracious and acceptable, there went forth a saying, with which wags used sometimes to interrupt his rhetoric, that, as he had a golden nag at his door, so he had a grey mare in his shop. This reproach induced Mr Saddletree, on all occasions, to assume rather a haughty and stately tone towards his good woman, a circumstance by which she seemed very little affected, unless he attempted to exercise any real authority, when she never failed to fly into open rebellion. But such extremes Bartoline seldom provoked; for, like the gentle King Jamie, he was fonder of talking of authority than really exercising it. This turn of mind was, on the whole, lucky for him; since his substance was increased without any trouble on his part, or any interruption of his favourite studies.

This word in explanation has been thrown in to the reader, while Saddletree was laying down, with great precision, the law upon Porteous's case, by which he arrived at this conclusion, that, if Porteous had fired five minutes sooner, before Wilson was cut down, he would have been versans in licito; engaged, that is, in a lawful act, and only liable to be punished propter excessum, or for lack of discretion, which might have mitigated the punishment to pæna ordinaria.

Discretion!" echoed Mrs Howden, on whom, it may well be supposed, the fineness of this distinction was entirely thrown away,-"whan had Jock Porteous either grace, discretion, or gude manners? I mind when his father

"Mr Plumdamas-Mrs Howden-Miss Damahoy," again implored the orator," mind the distinction, as Counsellor Crossmyloof says-1,' says he, take a distinction.' Now, the body of the criminal being cut down, and the execution ended, l'orteous was no longer official; the act which he came to protect and guard, being done and ended, he was no better than cuicis ex populo."

"Quicis quicis, Mr Saddletree, craving your pardon," said (with a prolonged emphasis on the first syllable) Mr Butler, the deputy schoolmaster of a parish near Edinburgh, who at that moment came up behind them as the false Latin was

uttered.

"What signifies interrupting me, Mr Butler ?--but I am glad to see ye notwithstanding-I speak After Counsellor Crossmyloof, and he said cuiris."

"If Counsellor Crossmyloof used the dative for

the nominative, I would have crossed his loof with a tight leathern strap, Mr Saddletree; there is not a boy on the booby form but should have beer scourged for such a solecism in grammar."

"I speak Latin like a lawyer, Mr Butler, and not like a schoolmaster," retorted Saddletree. "Scarce like a schoolboy, I think," rejoine Butler.

"It matters little," said Bartoline; "all I mean to say is, that Porteous has become liable to th pœna extra ordinem, or capital punishment-whic is to say, in plain Scotch, the gallows-simply because he did not fire when he was in office, bu waited till the body was cut down, the execution whilk he had in charge to guard implemented, an he himself exonered of the public trust imposed of him."

"But, Mr Saddletree," said Plumdamas, "do yo really think John Porteous's case wad hae beer better if he had begun firing before ony stanes were flung at a'?”

"Indeed do I, neighbour Plumdamas," replied Bartoline, confidently, he being then in point o trust and in point of power, the execution being but inchoat, or, at least, not implemented, or finally ended; but after Wilson was cut down, it was a ower-he was clean exauctorate, and had nae mair ado but to get awa wi' his guard up this West Bow as fast as if there had been a caption after himAnd this is law, for I heard it laid down by Lord Vincovincentem."

"And so might she, in her day, hae served the best lord in the land, for as little as ye think o her, Mr Saddletree," said Mrs Howden, somewhat indignant at the contemptuous way in which her gossip was mentioned; "when she and I were twa gilpies, we little thought to hae sitten doun wi' the like o' my auld Davie Howden, or you either, Mr

Saddletree."

While Saddletree, who was not bright at a reply, was cudgelling his brains for an answer to this home-thrust, Miss Damahoy broke in on him.

"And as for the lords of state," said Miss Damahoy, "ye suld mind the riding o' the parliament, Mr Saddletree, in the gude auld time before the Union,—a year's rent o' mony a gude estate gaed for horse-graith and harnessing, forby broidered robes and foot-manties, that wad hae stude by their lane wi' gold brocade, and that were muchle in my ain line."

Ay, and then the lusty banqueting, with sweetmeats and comfits wet and dry, and dried fruits of divers sorts," said Plumdamas. "But Scotland was Scotland in these days."

"I'll tell ye what it is, neighbours," said Mrs Howden, "I'll ne'er believe Scotland is Scotland ony mair, if our kindly Scots sit doun wi' the affront

A nobleman was called a Lord of State. The Senators of the College of Justice were termed Lords of Seat, or of the Session.

"You mean the Institutes - Justinian's Institutes, Mr Saddletree ?" said Butler.

"Institutes and substitutes are synonymous words, Mr Butler, and used indifferently as such in deeds of tailzie, as you may see in Balfour's Practiques, or Dallas of St Martin's Styles. I understand these things pretty weel, I thank God; but I own I should have studied in Holland."

"To comfort you, you might not have been farther forward than you are now, Mr Saddletree," replied Mr Butler; "for our Scottish advocates are an aristocratic race. Their brass is of the right Corinthian quality, and Non cuiris contigit adire Corinthum Aha, Mr Saddletree?"

"And aha, Mr Butler," rejoined Bartoline, upon whom, as may be well supposed, the jest was lost, and all but the sound of the words, "ye said a gliff syne it was quivis, and now I heard ye say cuivis with my ain ears, as plain as ever I heard a word at the fore-bar."

"Give me your patience, Mr Saddletree, and I'll explain the discrepancy in three words," said Butler, as pendantic in his own department, though with infinitely more judgment and learning, as Bartoline was in his self-assumed profession of the law "Give me your patience for a moment-You'll grant that the nominative case is that by which a person or thing is nominated or designed, and which may be called the primary case, all others being formed from it by alterations of the termination in the learned languages, and by prepositions in our modern Babylonian jargons-You'll grant me that, I suppose, Mr Saddletree?"

I dinna ken whether I will or no-ad avisandum, ye ken-naebody should be in a hurry to make admissions, either in point of law, or in point of fact," said Saddletree, looking, or endeavouring to look, as if he understood what was said.

"And the dative case," continued Butler

"I ken what a tutor dative is," said Saddletree, "readily enough."

"The dative case," resumed the grammarian, "is that in which any thing is given or assigned as properly belonging to a person, or thing-You cannot deny that, I am sure.'

"I am sure I'll no grant it though," said Saddle

tree.

"Then what the deeril d'ye take the nominative and the dative cases to be?" said Butler, hastily, and surprised at once out of his decency of expresston and accuracy of pronunciation.

"I'll tell you that at leisure, Mr Butler," said Saddletree, with a very knowing look; "I'll take a day to see and answer every article of your condescendence, and then I'll hold you to confess or deny, as accords."

"Come, come, Mr Saddletree," said his wife, 16 we'll hae nae confessions and condescendences here, let them deal in thae sort o' wares that are paid for them-they suit the like o' us as ill as a demipique saddle would suit a draught ox." "Aha!" said Mr Butler, "Optat ephippia bos piger, nothing new under the sun- But it was a fair hit of Mrs Saddletree, however."

| innocent a lass, to my thinking, and as usefu' i the chop-When Mr Saddletree gangs out, an ye're aware he's seldom at hame when there' ony o' the plea-houses open, poor Effie used t help me to tumble the bundles o' barkened leathe up and down, and range out the gudes, and sui a' body's humours-And troth she could aye pleas the customers wi' her answers, for she was ay civil, and a bonnier lass wasna in Auld Reekie And when folk were hasty and unreasonable, sh could serve them better than me, that am no sa young as I hae been, Mr Butler, and a wee b short in the temper into the bargain. For whe there's ower mony folks crying on me at anes, an nane but ae tongue to answer them, folk mau speak hastily, or they'll ne'er get through thei wark- Sae I miss Effie daily."

"De die in diem," added Saddletree.

"I think," said Butler, after a good deal of hes tation, "I have seen the girl in the shop-a modestlooking, fair-haired girl?"

Ay, ay, that's just puir Effie," said her misa tress. "How she was abandoned to hersell, or whether she was sackless o' the sinfu' deed, God i Heaven knows; but if she's been guilty, she's bee sair tempted, and I wad amaist take my Bible-ait she hasna been hersell at the time."

Butler had by this time become much agitated he fidgeted up and down the shop, and shewed th greatest agitation that a person of such strict de corum could be supposed to give way to. "Wa not this girl," he said, "the daughter of Davi Deans, that had the parks at St Leonards taken and has she not a sister ?"

"In troth has she-puir Jeanie Deans, te years aulder than hersell; she was here greetin a wee while syne about her tittie. And what coul I say to her, but that she behoved to come an speak to Mr Saddletree when he was at hame It wasna that I thought Mr Saddletree could d her or ony ither body muckle gude or ill, but i wad aye serve to keep the puir thing's heart up fo a wee while; and let sorrow come when sorrow maun."

"Ye're mistaen though, gudewife," said Saddle tree, scornfully, "for I could hae gien her grea satisfaction; I could hae proved to her that he sister was indicted upon the statute saxteen hun dred and ninety, chapter one- For the mair read prevention of child-murder- for concealing he pregnancy, and giving no account of the chil which she had borne."

"I hope," said Butler, - "I trust in a graciou God that she can clear herself."

"And sae do I, Mr Butler," replied Mrs Saddle tree. "I am sure I wad hae answered for her: my ain daughter; but, wae's my heart, I had bee tender a' the simmer, and scarce ower the door my room for twal weeks. And as for Mr Saddl tree, he might be in a lying-in hospital, and ne find out what the women cam there for. Sae could see little or naething o' her, or I wad hae h the truth o' her situation out o' her, I'se warra ye-But we a' think her sister maun be able speak something to clear her."

"The haill Parliament House," said Saddletre was speaking o' naething else, till this job o' Po teous's put it out o' head-It's a beautiful point presumptive murder, and there's been nane like in the Justiciar Court since the case of Luckie Smi