And thou, great god of aquavitae!
Wha sways the empire of this city
(When fou we're sometimes capernoity),
Be thou prepared,
To save us frae that black banditti,
The City Guard!
Fergusson's _Daft Days._
Captain John Porteous, a name memorable in the traditions of Edinburgh,
as well as in the records of criminal jurisprudence, was the son of a
citizen of Edinburgh, who endeavoured to breed him up to his own
mechanical trade of a tailor. The youth, however, had a wild and
irreclaimable propensity to dissipation, which finally sent him to serve
in the corps long maintained in the service of the States of Holland, and
called the Scotch Dutch. Here he learned military discipline; and,
returning afterwards, in the course of an idle and wandering life, to his
native city, his services were required by the magistrates of Edinburgh
in the disturbed year 1715, for disciplining their City Guard, in which
he shortly afterwards received a captain's commission. It was only by his
military skill and an alert and resolute character as an officer of
police, that he merited this promotion, for he is said to have been a man
of profligate habits, an unnatural son, and a brutal husband. He was,
however, useful in his station, and his harsh and fierce habits rendered
him formidable to rioters or disturbers of the public peace.
The corps in which he held his command is, or perhaps we should rather
say _was,_ a body of about one hundred and twenty soldiers divided into
three companies, and regularly armed, clothed, and embodied. They were
chiefly veterans who enlisted in this cogs, having the benefit of working
at their trades when they were off duty. These men had the charge of
preserving public order, repressing riots and street robberies, acting,
in short, as an armed police, and attending on all public occasions where
confusion or popular disturbance might be expected.*
* The Lord Provost was ex-officio commander and colonel of the corps,
which might be increased to three hundred men when the times required it.
No other drum but theirs was allowed to sound on the High Street between
the Luckenbooths and the Netherbow.
Poor Fergusson, whose irregularities sometimes led him into unpleasant
rencontres with these military conservators of public order, and who
mentions them so often that he may be termed their poet laureate,* thus
admonishes his readers, warned doubtless by his own experience:--
* [Robert Fergusson, the Scottish Poet, born 1750, died 1774.]
"Gude folk, as ye come frae the fair,
Bide yont frae this black squad:
There's nae sic savages elsewhere
Allowed to wear cockad."
In fact, the soldiers of the City Guard, being, as we have said, in
general discharged veterans, who had strength enough remaining for this
municipal duty, and being, moreover, for the greater part, Highlanders,
were neither by birth, education, nor former habits, trained to endure
with much patience the insults of the rabble, or the provoking petulance
of truant schoolboys, and idle debauchees of all descriptions, with whom
their occupation brought them into contact. On the contrary, the tempers
of the poor old fellows were soured by the indignities with which the mob
distinguished them on many occasions, and frequently might have required
the soothing strains of the poet we have just quoted--
"O soldiers! for your ain dear sakes,
For Scotland's love, the Land o' Cakes,
Gie not her bairns sic deadly paiks,
Nor be sae rude,
Wi' firelock or Lochaber-axe,
As spill their bluid!"
On all occasions when a holiday licensed some riot and irregularity, a
skirmish with these veterans was a favourite recreation with the rabble
of Edinburgh. These pages may perhaps see the light when many have in
fresh recollection such onsets as we allude to. But the venerable corps,
with whom the contention was held, may now be considered as totally
extinct. Of late the gradual diminution of these civic soldiers reminds
one of the abatement of King Lear's hundred knights. The edicts of each
succeeding set of magistrates have, like those of Goneril and Regan,
diminished this venerable band with the similar question, "What need we
five-and-twenty?--ten?--or five?" And it is now nearly come to, "What
need one?" A spectre may indeed here and there still be seen, of an old
grey-headed and grey-bearded Highlander, with war-worn features, but bent
double by age; dressed in an old fashioned cocked-hat, bound with white
tape instead of silver lace; and in coat, waistcoat, and breeches, of a
muddy-coloured red, bearing in his withered hand an ancient weapon,
called a Lochaber-axe; a long pole, namely, with an axe at the extremity,
and a hook at the back of the hatchet.*
* This hook was to enable the bearer of the Lochaber-axe to scale a
gateway, by grappling the top of the door, and swinging himself up by the
staff of his weapon.
Such a phantom of former days still creeps, I have been informed, round
the statue of Charles the Second, in the Parliament Square, as if the
image of a Stuart were the last refuge for any memorial of our ancient
manners; and one or two others are supposed to glide around the door of
the guardhouse assigned to them in the Luckenbooths, when their ancient
refuge in the High Street was laid low.*
* This ancient corps is now entirely disbanded. Their last march to do
duty at Hallowfair had something in it affecting. Their drums and fifes
had been wont on better days to play, on this joyous occasion, the lively
tune of "Jockey to the fair;" but on his final occasion the afflicted
veterans moved slowly to the dirge of
"The last time I came ower the muir."
But the fate of manuscripts bequeathed to friends and executors is so
uncertain, that the narrative containing these frail memorials of the old
Town Guard of Edinburgh, who, with their grim and valiant corporal, John
Dhu (the fiercest-looking fellow I ever saw), were, in my boyhood, the
alternate terror and derision of the petulant brood of the High School,
may, perhaps, only come to light when all memory of the institution has
faded away, and then serve as an illustration of Kay's caricatures, who
has preserved the features of some of their heroes. In the preceding
generation, when there was a perpetual alarm for the plots and activity
of the Jacobites, some pains were taken by the magistrates of Edinburgh
to keep this corps, though composed always of such materials as we have
noticed, in a more effective state than was afterwards judged necessary,
when their most dangerous service was to skirmish with the rabble on the
king's birthday. They were, therefore, more the objects of hatred, and
less that of scorn, than they were afterwards accounted.
To Captain John Porteous, the honour of his command and of his corps
seems to have been a matter of high interest and importance. He was
exceedingly incensed against Wilson for the affront which he construed
him to have put upon his soldiers, in the effort he made for the
liberation of his companion, and expressed himself most ardently on the
subject. He was no less indignant at the report, that there was an
intention to rescue Wilson himself from the gallows, and uttered many
threats and imprecations upon that subject, which were afterwards
remembered to his disadvantage. In fact, if a good deal of determination
and promptitude rendered Porteous, in one respect, fit to command guards
designed to suppress popular commotion, he seems, on the other, to have
been disqualified for a charge so delicate, by a hot and surly temper,
always too ready to come to blows and violence; a character void of
principle; and a disposition to regard the rabble, who seldom failed to
regale him and his soldiers with some marks of their displeasure, as
declared enemies, upon whom it was natural and justifiable that he should
seek opportunities of vengeance. Being, however, the most active and
trustworthy among the captains of the City Guard, he was the person to
whom the magistrates confided the command of the soldiers appointed to
keep the peace at the time of Wilson's execution. He was ordered to guard
the gallows and scaffold, with about eighty men, all the disposable force
that could be spared for that duty.
But the magistrates took farther precautions, which affected Porteous's
pride very deeply. They requested the assistance of part of a regular
infantry regiment, not to attend upon the execution, but to remain drawn
up on the principal street of the city, during the time that it went
forward, in order to intimidate the multitude, in case they should be
disposed to be unruly, with a display of force which could not be
resisted without desperation. It may sound ridiculous in our ears,
considering the fallen state of this ancient civic corps, that its
officer should have felt punctiliously jealous of its honour. Yet so it
was. Captain Porteous resented, as an indignity, the introducing the
Welsh Fusileers within the city, and drawing them up in the street where
no drums but his own were allowed to be sounded without the special
command or permission of the magistrates. As he could not show his
ill-humour to his patrons the magistrates, it increased his indignation
and his desire to be revenged on the unfortunate criminal Wilson, and all
who favoured him. These internal emotions of jealousy and rage wrought a
change on the man's mien and bearing, visible to all who saw him on the
fatal morning when Wilson was appointed to suffer. Porteous's ordinary
appearance was rather favourable. He was about the middle size, stout,
and well made, having a military air, and yet rather a gentle and mild
countenance. His complexion was brown, his face somewhat fretted with the
sears of the smallpox, his eyes rather languid than keen or fierce. On
the present occasion, however, it seemed to those who saw him as if he
were agitated by some evil demon. His step was irregular, his voice
hollow and broken, his countenance pale, his eyes staring and wild, his
speech imperfect and confused, and his whole appearance so disordered,
that many remarked he seemed to be _fey,_ a Scottish expression, meaning
the state of those who are driven on to their impending fate by the
strong impulse of some irresistible necessity.
One part of his conduct was truly diabolical, if indeed it has not been
exaggerated by the general prejudice entertained against his memory. When
Wilson, the unhappy criminal, was delivered to him by the keeper of the
prison, in order that he might be conducted to the place of execution,
Porteous, not satisfied with the usual precautions to prevent escape,
ordered him to be manacled. This might be justifiable from the character
and bodily strength of the malefactor, as well as from the apprehensions
so generally entertained of an expected rescue. But the handcuffs which
were produced being found too small for the wrists of a man so big-boned
as Wilson, Porteous proceeded with his own hands, and by great exertion
of strength, to force them till they clasped together, to the exquisite
torture of the unhappy criminal. Wilson remonstrated against such
barbarous usage, declaring that the pain distracted his thoughts from the
subjects of meditation proper to his unhappy condition.
"It signifies little," replied Captain Porteous; "your pain will soon be
at an end."
"Your cruelty is great," answered the sufferer. "You know not how soon
you yourself may have occasion to ask the mercy which you are now
refusing to a fellow-creature. May God forgive you!"
These words, long afterwards quoted and remembered, were all that passed
between Porteous and his prisoner; but as they took air, and became known
to the people, they greatly increased the popular compassion for Wilson,
and excited a proportionate degree of indignation against Porteous;
against whom, as strict, and even violent in the discharge of his
unpopular office, the common people had some real, and many imaginary
causes of complaint.
When the painful procession was completed, and Wilson, with the escort,
had arrived at the scaffold in the Grassmarket, there appeared no signs
of that attempt to rescue him which had occasioned such precautions. The
multitude, in general, looked on with deeper interest than at ordinary
executions; and there might be seen, on the countenances of many, a stern
and indignant expression, like that with which the ancient Cameronians
might be supposed to witness the execution of their brethren, who
glorified the Covenant on the same occasion, and at the same spot. But
there was no attempt at violence. Wilson himself seemed disposed to
hasten over the space that divided time from eternity. The devotions
proper and usual on such occasions were no sooner finished than he
submitted to his fate, and the sentence of the law was fulfilled.
He had been suspended on the gibbet so long as to be totally deprived of
life, when at once, as if occasioned by some newly received impulse,
there arose a tumult among the multitude. Many stones were thrown at
Porteous and his guards; some mischief was done; and the mob continued to
press forward with whoops, shrieks, howls, and exclamations. A young
fellow, with a sailor's cap slouched over his face, sprung on the
scaffold, and cut the rope by which the criminal was suspended. Others
approached to carry off the body, either to secure for it a decent grave,
or to try, perhaps, some means of resuscitation. Captain Porteous was
wrought, by this appearance of insurrection against his authority, into a
rage so headlong as made him forget, that, the sentence having been fully
executed, it was his duty not to engage in hostilities with the misguided
multitude, but to draw off his men as fast as possible. He sprung from
the scaffold, snatched a musket from one of his soldiers, commanded the
party to give fire, and, as several eye-witnesses concurred in swearing,
set them the example, by discharging his piece, and shooting a man dead
on the spot. Several soldiers obeyed his command or followed his example;
six or seven persons were slain, and a great many were hurt and wounded.
After this act of violence, the Captain proceeded to withdraw his men
towards their guard-house in the High Street. The mob were not so much
intimidated as incensed by what had been done. They pursued the soldiers
with execrations, accompanied by volleys of stones. As they pressed on
them, the rearmost soldiers turned, and again fired with fatal aim and
execution. It is not accurately known whether Porteous commanded this
second act of violence; but of course the odium of the whole transactions
of the fatal day attached to him, and to him alone. He arrived at the
guard-house, dismissed his soldiers, and went to make his report to the
magistrates concerning the unfortunate events of the day.
Apparently by this time Captain Porteous had began to doubt the propriety
of his own conduct, and the reception he met with from the magistrates
was such as to make him still more anxious to gloss it over. He denied
that he had given orders to fire; he denied he had fired with his own
hand; he even produced the fusee which he carried as an officer for
examination; it was found still loaded. Of three cartridges which he was
seen to put in his pouch that morning, two were still there; a white
handkerchief was thrust into the muzzle of the piece, and re-turned
unsoiled or blackened. To the defence founded on these circumstances it
was answered, that Porteous had not used his own piece, but had been seen
to take one from a soldier. Among the many who had been killed and
wounded by the unhappy fire, there were several of better rank; for even
the humanity of such soldiers as fired over the heads of the mere rabble
around the scaffold, proved in some instances fatal to persons who were
stationed in windows, or observed the melancholy scene from a distance.
The voice of public indignation was loud and general; and, ere men's
tempers had time to cool, the trial of Captain Porteous took place before
the High Court of Justiciary. After a long and patient hearing, the jury
had the difficult duty of balancing the positive evidence of many
persons, and those of respectability, who deposed positively to the
prisoner's commanding his soldiers to fire, and himself firing his piece,
of which some swore that they saw the smoke and flash, and beheld a man
drop at whom it was pointed, with the negative testimony of others, who,
though well stationed for seeing what had passed, neither heard Porteous
give orders to fire, nor saw him fire himself; but, on the contrary,
averred that the first shot was fired by a soldier who stood close by
him. A great part of his defence was also founded on the turbulence of
the mob, which witnesses, according to their feelings, their
predilections, and their opportunities of observation, represented
differently; some describing as a formidable riot, what others
represented as a trifling disturbance such as always used to take place
on the like occasions, when the executioner of the law, and the men
commissioned to protect him in his task, were generally exposed to some
indignities. The verdict of the jury sufficiently shows how the evidence
preponderated in their minds. It declared that John Porteous fired a gun
among the people assembled at the execution; that he gave orders to his
soldiers to fire, by which many persons were killed and wounded; but, at
the same time, that the prisoner and his guard had been wounded and
beaten, by stones thrown at them by the multitude. Upon this verdict, the
Lords of Justiciary passed sentence of death against Captain John
Porteous, adjudging him, in the common form, to be hanged on a gibbet at
the common place of execution, on Wednesday, 8th September 1736, and all
his movable property to be forfeited to the king's use, according to the
Scottish law in cases of wilful murder.*
* The signatures affixed to the death-warrant of Captain Porteous were--
Andrew Fletcher of Milton, Lord Justice-Clerk.
Sir James Mackenzie, Lord Royston.
David Erskine, Lord Dun.
Sir Walter Pringle, Lord Newhall.
Sir Gilbert Elliot, Lord Minto.