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O Death, since Phil physics, thy triumphs are past, And broken thy dart is, and blunt is thy sting; Phil shall fill us with physic, while physic does last, And while Syng Phisic physics, we'll Syng ever sing.

8

To each creature his own still is dearest and sweetest,
Mine host loves old stingo, and honey the bee,
Then Phisic with physic still Philip shall fillip,
And sung by Syng Philip, Phillipics shall be.

9

When Philip's great son, as old chroniclers sing,
Fell sick, to great Philip 1 for physic he clung,
Then Philip with physic so fillip'd the king,

That physic and Phil by Timotheus were sung.
Now broke be Phil's pill-box and Timothy's lyre,
Let fame to my hero their blazonments bring,
Like Philip's great son he can bleed, or the sire
He can physic like Philip, like Timothy sing.

10

Syng Phisic for fees seeks the sick man to physic,
But unsought hopes the fee of his physic and skill;
So ne'er let Phil Phisic of physic the fee seek,

Nor the sick man be fee sick of physic and Phil.

11

Let physic sing Philip, for Philip Syng Phisic,
From plain Philip Phisic is dubb'd Dr. Phil,

Sing Syng then each patient, while Philip shall physic,
And Phisic shall fillip with potion and pill.

12

That Apollo the God is of Physic and Song,

Each school-boy I think will full readily hollow,

Then since to his name the same arts do belong,
Be Philip Syng Phisic our Magnus Apollo.

Note to Number XXXVII.

1 Alexander's Physician.

XXXVIII.

SCRIPTURAL MOTTOS, PROPOSED TO BE PUT UP IN THE INNER-HOUSE INSTEAD OF THE CREED AND COMMANDMENTS, WHICH WERE TAKEN DOWN WHEN THE COURT WAS REPAIRED.

FROM MR. HUME'S MS. Volume.

LORDS ANKERVILLE' ( Mouths have they, but they speak

AND DUNSINNANE.

METHVEN.

MEADOWBANK.

WOODHOUSELEE.

BALMUTO.

HERMAND.

LORD JUSTICECLERK ESKGROVE.

LORD PRESIDENT
CAMPBELL.

not.

They say, Ha-ha!

My mouth shall speak in parables

and sayings dark.

My soul is like a weaned child.

Then be not like the horse or mule

which do not understand.

My very bones are waxen old with roaring all day long.

I like a bottle am become that in the heat is set, I am dry and parched. From Heaven's end is his going forth, circling to the end again.— Take not the words of truth utterly out of my mouth, O! Lord.

Note to Number XXXVIII.

1David Ross, Esq. son of David Ross of Inverchasly,

passed Advocate 27th July 1751. He obtained, in 1756, the office of Stewart-Depute of Kirkcudbright; and on the 3rd September 1763, became one of the principal Clerks of Session. On the death of Andrew Pringle of Alemoor, he was raised to the Bench 22d February 1776, upon which occasion he took the title of Ankerville. His Lordship died at his seat of Tarlogie in Ross-shire, 16th August 1805, aged 78.

XXXIX.

JUSTICE LAW.

BY SIR WALTER SCOTT, BARONET.

Sung at the Meeting of Lord Melville's Friends after his Acquittal.

IN the volume to which the present brochure is supplemental, the authorship of the Song there inserted upon the Acquittal of Lord Viscount Melville, was, upon authority which at the time could hardly be questioned, assigned to an accomplished gentleman, who, for a series of years, adorned the Scotish Bench. Subsequent investigations, however, have proved the assertion to be erroneous, and the verses in question are undoubtedly the production of Lord John Townshend, the grandson of George first Marquis of Townshend, who, although regarded as a Whig during the greater portion of a long life, would, now-a-days, be looked on as a Conservative.1 He was born January 19, 1757, and died 25th February 1833, at Brighton, aged 76. He married April 10, 1787, Georgiana-Anne, only daughter of William Poyntz, of Midgham House, Berkshire, Esq. by whom he had issue.

The song which follows, so far as can be ascertained,

has never been printed; it occurs in Mr. Hume's MS. by whom it is ascribed to Sir Walter Scott, probably correctly, as it is in exact conformity with his political feelings; and its being suffered to remain in manuscript is easily explained, from the severity with which Lord Ellenborough is treated. The Editor may also state, that this assertion of Mr. Hume is corroborated by that of a gentleman of high rank in the literary world, who remembers the song,-could quote some verses of it, and who, without hesitation, ascribes it to Sir Walter Scott.

Upon occasion of Lord Melville's impeachment, Lord Ellenborough, who held the high office of Lord Chief Justice of the King's Bench, took a very decided part against the party accused, so much so, that as he was one of the three Peers-the other two being Lord Fife and Earl Stanhope-who voted Lord Melville guilty of having fraudulently taken ten thousand pounds, or some other large sum or sums of money, placed in his name as Treasurer of the Navy, from the Bank of England, and applied the same to his own use, or to some other corrupt and illegal purpose. His Lordship having spoken with that violence which he sometimes indulged in, was answered by the Archbishop of Canterbury, in a temperate but energetic manner, and so effectually, that he attempted no reply.

In Scotland, excepting with a small minority, Lord Melville was highly popular,-nor was this at all remarkable, as his Lordship's partiality for his countrymen was notorious, and numberless persons owe their fortunes and station to his friendly exertions. When the news of the acquittal came to Edinburgh, it was intended that there should be a general illumination. This ebullition of public feeling gave great offence to the "talents," and Mr. John Clerk, then Solicitor-General, determined, at least, to prevent this as far as he could: he waited accordingly on the Chief Magistrate, and delivered to him a

written legal opinion, the evident object of which was to terrify the Town-Council, which he certainly succeeded in doing; a copy of it is preserved in Mr. Hume's MS. and is too curious to be omitted in this Collection.

"I am of opinion that it is against law, in a city of the size of Edinburgh, to do anything by which a mob may be collected, for the purpose of compelling the inhabitants to illuminate their windows. The meanest person in the city who attempts to make a mob, or does anything whereby a mob may be gathered for the purpose aforesaid, acts against law, and is not only liable civilly for any damages that may be done, but may be prosecuted criminally for punishment; and the crime does not depend upon a following mischief, but upon the act by which a danger of mischief is occasioned, whether such mischief actually follow or not. And if it is illegal, even in mean and ordinary persons, to do such acts, I conceive it to be much more culpable, and therefore, more highly punishable, where such acts are committed by persons in the higher ranks of life, whose example is more dangerous, and who have not the excuse of ignorance. And, most of all, do I hold it culpable, when such acts are committed by Magistrates, or persons in authority. These persons.

must not only abstain from such attempts themselves, but they must give no countenance to them in others, either directly or indirectly, by connivance. And, on the contrary, it is their duty to do everything in their power, by exertion of their authority, and by employing those who are under their orders, to prevent every attempt of the kind.2

"And, farther, it is against law, in any case, to do any thing whereby the inhabitants of the city may be compelled to illuminate their windows against their will. I hold the breach of the law to be much greater, as it is much more dangerous, where the proposed illumination is on account of an event as to which there is not an union

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