Yet though thou mayst be dragg'd in scorn
To yonder ignominious tree,
Thou shalt not want one faithful friend
To share the cruel fates' decree.
Jemmy Dawson.
After spending the greater part of the morning in his devotions (for his
benevolent neighbours had kindly insisted upon discharging his task of
ordinary labour), David Deans entered the apartment when the breakfast
meal was prepared. His eyes were involuntarily cast down, for he was
afraid to look at Jeanie, uncertain as he was whether she might feel
herself at liberty, with a good conscience, to attend the Court of
Justiciary that day, to give the evidence which he understood that she
possessed, in order to her sister's exculpation. At length, after a
minute of apprehensive hesitation, he looked at her dress to discover
whether it seemed to be in her contemplation to go abroad that morning.
Her apparel was neat and plain, but such as conveyed no exact intimation
of her intentions to go abroad. She had exchanged her usual garb for
morning labour, for one something inferior to that with which, as her
best, she was wont to dress herself for church, or any more rare occasion
of going into society. Her sense taught her, that it was respectful to be
decent in her apparel on such an occasion, while her feelings induced her
to lay aside the use of the very few and simple personal ornaments,
which, on other occasions, she permitted herself to wear. So that there
occurred nothing in her external appearance which could mark out to her
father, with anything like certainty, her intentions on this occasion.
The preparations for their humble meal were that morning made in vain.
The father and daughter sat, each assuming the appearance of eating, when
the other's eyes were turned to them, and desisting from the effort with
disgust, when the affectionate imposture seemed no longer necessary.
At length these moments of constraint were removed. The sound of St.
Giles's heavy toll announced the hour previous to the commencement of the
trial; Jeanie arose, and with a degree of composure for which she herself
could not account, assumed her plaid, and made her other preparations for
a distant walking. It was a strange contrast between the firmness of her
demeanour, and the vacillation and cruel uncertainty of purpose indicated
in all her father's motions; and one unacquainted with both could
scarcely have supposed that the former was, in her ordinary habits of
life, a docile, quiet, gentle, and even timid country maiden, while her
father, with a mind naturally proud and strong, and supported by
religious opinions of a stern, stoical, and unyielding character, had in
his time undergone and withstood the most severe hardships, and the most
imminent peril, without depression of spirit, or subjugation of his
constancy. The secret of this difference was, that Jeanie's mind had
already anticipated the line of conduct which she must adopt, with all
its natural and necessary consequences; while her father, ignorant of
every other circumstance, tormented himself with imagining what the one
sister might say or swear, or what effect her testimony might have upon
the awful event of the trial.
He watched his daughter, with a faltering and indecisive look, until she
looked back upon him, with a look of unutterable anguish, as she was
about to leave the apartment.
"My dear lassie," said he, "I will." His action, hastily and confusedly
searching for his worsted mittans* and staff, showed his purpose of
accompanying her, though his tongue failed distinctly to announce it.
* A kind of worsted gloves, used by the lower orders.
"Father," said Jeanie, replying rather to his action than his words, "ye
had better not."
"In the strength of my God," answered Deans, assuming firmness, "I will
go forth."
And, taking his daughter's arm under his, he began to walk from the door
with a step so hasty, that she was almost unable to keep up with him. A
trifling circumstance, but which marked the perturbed state of his mind,
checked his course.
"Your bonnet, father?" said Jeanie, who observed he had come out with his
grey hairs uncovered. He turned back with a slight blush on his cheek,
being ashamed to have been detected in an omission which indicated so
much mental confusion, assumed his large blue Scottish bonnet, and with a
step slower, but more composed, as if the circumstance, had obliged him
to summon up his resolution, and collect his scattered ideas, again
placed his daughter's arm under his, and resumed the way to Edinburgh.
The courts of justice were then, and are still, held in what is called
the Parliament Close, or, according to modern phrase, Parliament Square,
and occupied the buildings intended for the accommodation of the Scottish
Estates. This edifice, though in an imperfect and corrupted style of
architecture, had then a grave, decent, and, as it were, a judicial
aspect, which was at least entitled to respect from its antiquity. For
which venerable front, I observed, on my last occasional visit to the
metropolis, that modern taste had substituted, at great apparent expense,
a pile so utterly inconsistent with every monument of antiquity around,
and in itself so clumsy at the same time and fantastic, that it may be
likened to the decorations of Tom Errand the porter, in the _Trip to the
Jubilee,_ when he appears bedizened with the tawdry finery of Beau
Clincher. _Sed transeat cum caeteris erroribus._
The small quadrangle, or Close, if we may presume still to give it that
appropriate, though antiquated title, which at Lichfield, Salisbury, and
elsewhere, is properly applied to designate the enclosure adjacent to a
cathedral, already evinced tokens of the fatal scene which was that day
to be acted. The soldiers of the City Guard were on their posts, now
enduring, and now rudely repelling with the butts of their muskets, the
motley crew who thrust each other forward, to catch a glance at the
unfortunate object of trial, as she should pass from the adjacent prison
to the Court in which her fate was to be determined. All must have
occasionally observed, with disgust, the apathy with which the vulgar
gaze on scenes of this nature, and how seldom, unless when their
sympathies are called forth by some striking and extraordinary
circumstance, the crowd evince any interest deeper than that of callous,
unthinking bustle, and brutal curiosity. They laugh, jest, quarrel, and
push each other to and fro, with the same unfeeling indifference as if
they were assembled for some holiday sport, or to see an idle procession.
Occasionally, however, this demeanour, so natural to the degraded
populace of a large town, is exchanged for a temporary touch of human
affections; and so it chanced on the present occasion.
When Deans and his daughter presented themselves in the Close, and
endeavoured to make their way forward to the door of the Court-house,
they became involved in the mob, and subject, of course, to their
insolence. As Deans repelled with some force the rude pushes which he
received on all sides, his figure and antiquated dress caught the
attention of the rabble, who often show an intuitive sharpness in
ascribing the proper character from external appearance,--
"Ye're welcome, whigs,
Frae Bothwell briggs,"
sung one fellow (for the mob of Edinburgh were at that time jacobitically
disposed, probably because that was the line of sentiment most
diametrically opposite to existing authority).
"Mess David Williamson,
Chosen of twenty,
Ran up the pu'pit stair,
And sang Killiecrankie,"
chanted a siren, whose profession might be guessed by her appearance. A
tattered caidie, or errand-porter, whom David Deans had jostled in his
attempt to extricate himself from the vicinity of these scorners,
exclaimed in a strong north-country tone, "Ta deil ding out her
Cameronian een--what gies her titles to dunch gentlemans about?"
"Make room for the ruling elder," said yet another; "he comes to see a
precious sister glorify God in the Grassmarket!"
"Whisht; shame's in ye, sirs," said the voice of a man very loudly,
which, as quickly sinking, said in a low but distinct tone, "It's her
father and sister."
All fell back to make way for the sufferers; and all, even the very
rudest and most profligate, were struck with shame and silence. In the
space thus abandoned to them by the mob, Deans stood, holding his
daughter by the hand, and said to her, with a countenance strongly and
sternly expressive of his internal emotion, "Ye hear with your ears, and
ye see with your eyes, where and to whom the backslidings and defections
of professors are ascribed by the scoffers. Not to themselves alone, but
to the kirk of which they are members, and to its blessed and invisible
Head. Then, weel may we take wi' patience our share and portion of this
outspreading reproach."
The man who had spoken, no other than our old friend, Dumbiedikes, whose
mouth, like that of the prophet's ass, had been opened by the emergency
of the case, now joined them, and, with his usual taciturnity, escorted
them into the Court-house. No opposition was offered to their entrance
either by the guards or doorkeepers; and it is even said that one of the
latter refused a shilling of civility-money tendered him by the Laird of
Dumbiedikes, who was of opinion that "siller wad make a' easy." But this
last incident wants confirmation.
Admitted within the precincts of the Court-house, they found the usual
number of busy office-bearers, and idle loiterers, who attend on these
scenes by choice, or from duty. Burghers gaped and stared; young lawyers
sauntered, sneered, and laughed, as in the pit of the theatre; while
others apart sat on a bench retired, and reasoned highly, _inter apices
juris,_ on the doctrines of constructive crime, and the true import of
the statute. The bench was prepared for the arrival of the judges. The
jurors were in attendance. The crown-counsel, employed in looking over
their briefs and notes of evidence, looked grave, and whispered with each
other. They occupied one side of a large table placed beneath the bench;
on the other sat the advocates, whom the humanity of the Scottish law (in
this particular more liberal than that of the sister-country) not only
permits, but enjoins, to appear and assist with their advice and skill
all persons under trial. Mr. Nichil Novit was seen actively instructing
the counsel for the panel (so the prisoner is called in Scottish
law-phraseology), busy, bustling, and important. When they entered the
Court-room, Deans asked the Laird, in a tremulous whisper, "Where will
_she_ sit?"
Dumbiedikes whispered Novit, who pointed to a vacant space at the bar,
fronting the judges, and was about to conduct Deans towards it.
"No!" he said; "I cannot sit by her--I cannot own her--not as yet,
at least--I will keep out of her sight, and turn mine own eyes
elsewhere--better for us baith."
Saddletree, whose repeated interference with the counsel had procured him
one or two rebuffs, and a special request that he would concern himself
with his own matters, now saw with pleasure an opportunity of playing the
person of importance. He bustled up to the poor old man, and proceeded to
exhibit his consequence, by securing, through his interest with the
bar-keepers and macers, a seat for Deans, in a situation where he was
hidden from the general eye by the projecting corner of the bench.
"It's gude to have a friend at court," he said, continuing his heartless
harangues to the passive auditor, who neither heard nor replied to them;
"few folk but mysell could hae sorted ye out a seat like this--the Lords
will be here incontinent, and proceed _instanter_ to trial. They wunna
fence the Court as they do at the Circuit--the High Court of Justiciary
is aye fenced.--But, Lord's sake, what's this o't--Jeanie, ye are a cited
witness--Macer, this lass is a witness--she maun be enclosed--she maun on
nae account be at large.--Mr. Novit, suldna Jeanie Deans be enclosed?"
Novit answered in the affirmative, and offered to conduct Jeanie to the
apartment, where, according to the scrupulous practice of the Scottish
Court, the witnesses remain in readiness to be called into Court to give
evidence; and separated, at the same time, from all who might influence
their testimony, or give them information concerning that which was
passing upon the trial.
"Is this necessary?" said Jeanie, still reluctant to quit her father's
hand.
"A matter of absolute needcessity," said Saddletree, "wha ever heard of
witnesses no being enclosed?"
"It is really a matter of necessity," said the younger counsellor,
retained for her sister; and Jeanie reluctantly followed the macer of the
Court to the place appointed.
"This, Mr. Deans," said Saddletree, "is ca'd sequestering a witness; but
it's clean different (whilk maybe ye wadna fund out o' yoursell) frae
sequestering ane's estate or effects, as in cases of bankruptcy. I hae
aften been sequestered as a witness, for the Sheriff is in the use whiles
to cry me in to witness the declarations at precognitions, and so is Mr.
Sharpitlaw; but I was ne'er like to be sequestered o' land and gudes but
ance, and that was lang syne, afore I was married. But whisht, whisht!
here's the Court coming."
As he spoke, the five Lords of Justiciary, in their long robes of
scarlet, faced with white, and preceded by their mace-bearer, entered
with the usual formalities, and took their places upon the bench of
judgment.
The audience rose to receive them; and the bustle occasioned by their
entrance was hardly composed, when a great noise and confusion of persons
struggling, and forcibly endeavouring to enter at the doors of the
Court-room, and of the galleries, announced that the prisoner was about
to be placed at the bar. This tumult takes place when the doors, at first
only opened to those either having right to be present, or to the better
and more qualified ranks, are at length laid open to all whose curiosity
induces them to be present on the occasion. With inflamed countenances
and dishevelled dresses, struggling with, and sometimes tumbling over
each other, in rushed the rude multitude, while a few soldiers, forming,
as it were, the centre of the tide, could scarce, with all their efforts,
clear a passage for the prisoner to the place which she was to occupy. By
the authority of the Court, and the exertions of its officers, the tumult
among the spectators was at length appeased, and the unhappy girl brought
forward, and placed betwixt two sentinels with drawn bayonets, as a
prisoner at the bar, where she was to abide her deliverance for good or
evil, according to the issue of her trial.