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- Author: Walter Scott
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* [This is not so certain. Few persons now living are likely to remember the interior of the old Tolbooth, with narrow staircase, thick walls, and small apartments, nor to imagine that it could ever have been used for these purposes. Robert Chambers, in his Minor Antiquities of Edinburgh, has preserved ground-plans or sections, which clearly show this,—the largest hall was on the second floor, and measuring 27 feet by 20, and 12 feet high. It may have been intended for the meetings of Town Council, while the Parliament assembled, after 1560, in what was called the Upper Tolbooth, that is the south-west portion of the Collegiate Church of St. Giles, until the year 1640, when the present Parliament House was completed. Being no longer required for such a purpose, it was set apart by the Town Council on the 24th December 1641 as a distinct church, with the name of the Tolbooth parish, and therefore could not have derived the name from its vicinity to the Tolbooth, as usually stated.]
Gloomy and dismal as it was, the situation in the centre of the High Street rendered it so particularly well-aired, that when the plague laid waste the city in 1645, it affected none within these melancholy precincts. The Tolbooth was removed, with the mass of buildings in which it was incorporated, in the autumn of the year 1817. At that time the kindness of his old schoolfellow and friend, Robert Johnstone, Esquire, then Dean of Guild of the city, with the liberal acquiescence of the persons who had contracted for the work, procured for the Author of Waverley the stones which composed the gateway, together with the door, and its ponderous fastenings, which he employed in decorating the entrance of his kitchen-court at Abbotsford. "To such base offices may we return." The application of these relies of the Heart of Mid-Lothian to serve as the postern-gate to a court of modern offices, may be justly ridiculed as whimsical; but yet it is not without interest, that we see the gateway through which so much of the stormy politics of a rude age, and the vice and misery of later times, had found their passage, now occupied in the service of rural economy. Last year, to complete the change, a tomtit was pleased to build her nest within the lock of the Tolbooth,—a strong temptation to have committed a sonnet, had the Author, like Tony Lumpkin, been in a concatenation accordingly.
It is worth mentioning, that an act of beneficence celebrated the demolition of the Heart of Mid-Lothian. A subscription, raised and applied by the worthy Magistrate above mentioned, procured the manumission of most of the unfortunate debtors confined in the old jail, so that there were few or none transferred to the new place of confinement.
[The figure of a Heart upon the pavement between St. Giles's Church and the Edinburgh County Hall, now marks the site of the Old Tolbooth.]
NOTE D—THE PORTEOUS MOB.
The following interesting and authentic account of the inquiries made by Crown Counsel into the affair of the Porteous Mob, seems to have been drawn up by the Solicitor-General. The office was held in 1737 by Charles Erskine, Esq.
I owe this curious illustration to the kindness of a professional friend. It throws, indeed, little light on the origin of the tumult; but shows how profound the darkness must have been, which so much investigation could not dispel.
"Upon the 7th of September last, when the unhappy wicked murder of Captain Porteus was committed, His Majesty's Advocate and Solicitor were out of town; the first beyond Inverness, and the other in Annandale, not far from Carlyle; neither of them knew anything of the reprieve, nor did they in the least suspect that any disorder was to happen.
"When the disorder happened, the magistrates and other persons concerned in the management of the town, seemed to be all struck of a heap; and whether, from the great terror that had seized all the inhabitants, they thought ane immediate enquiry would be fruitless, or whether, being a direct insult upon the prerogative of the crown, they did not care rashly to intermeddle; but no proceedings was had by them. Only, soon after, ane express was sent to his Majestie's Solicitor, who came to town as soon as was possible for him; but, in the meantime, the persons who had been most guilty, had either ran off, or, at least, kept themselves upon the wing until they should see what steps were taken by the Government.
"When the Solicitor arrived, he perceived the whole inhabitants under a consternation. He had no materials furnished him; nay, the inhabitants were so much afraid of being reputed informers, that very few people had so much as the courage to speak with him on the streets. However, having received her Majestie's orders, by a letter from the Duke of New castle, he resolved to sett about the matter in earnest, and entered upon ane enquiry, gropeing in the dark. He had no assistance from the magistrates worth mentioning, but called witness after witness in the privatest manner, before himself in his own house, and for six weeks time, from morning to evening, went on in the enquiry without taking the least diversion, or turning his thoughts to any other business.
"He tried at first what he could do by declarations, by engaging secresy, so that those who told the truth should never be discovered; made use of no clerk, but wrote all the declarations with his own hand, to encourage them to speak out. After all, for some time, he could get nothing but ends of stories which, when pursued, broke off; and those who appeared and knew anything of the matter, were under the utmost terror, lest it should take air that they had mentioned any one man as guilty.
"During the course of the enquiry, the run of the town, which was strong for the villanous actors, begun to alter a little, and when they saw the King's servants in earnest to do their best, the generality, who before had spoke very warmly in defence of the wickedness, began to be silent, and at that period more of the criminals began to abscond.
"At length the enquiry began to open a little, and the Sollicitor was under some difficulty how to proceed. He very well saw that the first warrand that was issued out would start the whole gang; and as he had not come at any of the most notorious offenders, he was unwilling, upon the slight evidence he had, to begin. However, upon notice given him by Generall Moyle, that one King, a butcher in the Canongate, had boasted, in presence of Bridget Knell, a soldier's wife, the morning after Captain Porteus was hanged, that he had a very active hand in the mob, a warrand was issued out, and King was apprehended, and imprisoned in the Canongate Tolbooth.
"This obliged the Sollicitor immediately to take up those against whom he had any information. By a signed declaration, William Stirling, apprentice to James Stirling, merchant in Edinburgh, was charged as haveing been at the Nether-Bow, after the gates were shutt, with a Lochaber-ax or halbert in his hand, and haveing begun a huzza, marched upon the head of the mob towards the Guard.
"James Braidwood, son to a candlemaker in town, was, by a signed declaration, charged as haveing been at the Tolbooth door, giveing directions to the mob about setting fire to the door, and that the mob named him by his name, and asked his advice.
"By another declaration, one Stoddart, a journeyman smith, was charged of having boasted publickly, in a smith's shop at Leith, that he had assisted in breaking open the Tolbooth door.
"Peter Traill, a journeyman wright, (by one of the declarations) was also accused of haveing lockt the Nether-Bow Port, when it was shutt by the mob.
"His Majestie's Sollicitor having these informations, implored privately such persons as he could best rely on, and the truth was, there were very few in whom he could repose confidence. But he was, indeed, faithfully served by one Webster, a soldier in the Welsh fuzileers, recommended him by Lieutenant Alshton, who, with very great address, informed himself, and really run some risque in getting his information, concerning the places where the persons informed against used to haunt, and how they might be seized. In consequence of which, a party of the Guard from the Canongate was agreed on to march up at a certain hour, when a message should be sent. The Sollicitor wrote a letter and gave it to one of the town officers, ordered to attend Captain Maitland, one of the town Captains, promoted to that command since the unhappy accident, who, indeed, was extremely diligent and active throughout the whole; and haveing got Stirling and Braidwood apprehended, dispatched the officer with the letter to the military in the Canongate, who immediately begun their march, and by the time the Sollicitor had half examined the said two persons in the Burrow-room, where the Magistrates were present, a party of fifty men, drums beating, marched into the Parliament close, and drew up, which was the first thing that struck a terror, and from that time forward, the insolence
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