"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.