I did not read Mr Lockhart's "Life of Sir Walter Scott," and therefore
it was only lately, and by mere accident, I heard that he has inserted
an anecdote of Lord Braxfield, which, if it had been true, must for ever
load his memory with indelible infamy. The story, in substance, I
understand to be this--That Lord Braxfield once tried a man for forgery
at the Circuit at _Dumfries_, who was not merely an acquaintance, but an
intimate friend of his Lordship, with whom he used to play at chess:
That he did this as coolly as if he had been a perfect stranger: That
the man was found guilty: That he pronounced sentence of death upon him;
and then added, "Now, John, I think I have _checkmated_ you now." A more
unfeeling and brutal conduct it is hardly possible to imagine. The
moment I heard the story I contradicted it; as, from my personal
knowledge of Lord Braxfield, I was certain that it could not be true.
Lord Braxfield certainly was not a polished man in his manners; and
now-a-days especially would be thought a coarse man. But he was a
kind-hearted man, and a warm and steady friend--intimately acquainted
with all my family, and much esteemed by them all. I was under great
obligations to him for the countenance he showed me when I came to the
bar, just sixty years ago, and therefore I was resolved to probe the
matter to the bottom. For that purpose, I directed the record of the
South Circuit to be carefully searched, and the result is, that Lord
Braxfield _never tried any man for forgery at Dumfries_. But I was not
satisfied with this, as it might have been said that Sir Walter had only
mistaken the town, and that the thing might have happened at some of the
other Circuit towns. Therefore I then directed a search to be made of
the records of all the other Circuits in Scotland, during the whole time
that Lord Braxfield sat on the Justiciary Bench; and the result is, that
his Lordship never tried any man for forgery at any of the Circuits,
_except once at Stirling_; and then the culprit, instead of being a
friend, or even a common acquaintance of Lord Braxfield's, _was a
miserable shopkeeper in the town of Falkirk_, whose very name it is
hardly possible he could have heard till he read it in the indictment.
Therefore I think I have effectually cleared his character from the
ineffable infamy of such brutality.
I understand that Mr Lockhart became completely satisfied that this
story did not apply to Lord Braxfield; and therefore has set it down, in
his second edition, to the credit, or rather to the discredit, not of
Lord Braxfield, but of a "_certain judge_." But this does not
sufficiently clear Lord Braxfield of it. Because thousands may never see
his second edition, or if they did, might think that the story still
related to Lord Braxfield, but that Mr Lockhart had suppressed his name
out of delicacy to his family; and therefore, as your excellent Magazine
has a more extensive circulation in Scotland than the _Quarterly_, I beg
of you to give this letter an early place. I understand one circumstance
which satisfied Mr Lockhart that the story did not apply to Lord
Braxfield is, that the family had assured him that he never played at
chess--a fact of which I could also have assured Mr Lockhart. But the
search of the records of Justiciary, which I directed to be made, is the
most satisfactory refutation of the infamous calumny; and I cannot
imagine how Sir Walter could have believed it for a moment. Certainly he
would not, if he had known Lord Braxfield as intimately as I did. I owe
a debt of gratitude to his memory, and am happy to have an opportunity
of repaying it.
I am,
Sir,
Your most obedient servant,
C. HOPE.