. learned are always chosen. A profound silence is still keept, and the judges deliver their opinion calmly and modestly. There is here no barking and bauling amongst the judges, to show their parts, and impudently to revile the President of the Court. There is here noe delay of justice -noe counting of noses-noe sending home partys to take a pint, and 'gree the matter. Sentence is immediately given, without acts before answer; nor are there reclaiming bills upon bills, and the judges doe not trouble themselves with many avisandums to themselves. Here there is not soe much as the knowledge of a noe process. Some criminals would give a great deal for such ane advice, to delay their punishment for some time. And sure I am Mr. John Meinzies of Cammo* would make a considerable fortune in this place. Clerks and extractors doe not here unconscionably peil the leidges of exorbitant deues. There is noe tearing of leaves out of the records or books of adjournal (which have always been counted sacred) after sentence was passed; for then our infernal judges think they are officio functi. When persons are really guilty, there is no desertion of diets-no abstracting of evidence, nor sending men out of the way. Soe careful is our Proctor Fiscal, that he secures in prison all the witnesses against the party accused, till they find surety to appear when summoned. In a word, I was very soon dismissed, and had a more favourable sentence then probably I would have got, had I been more skilled in the quirks and subtilties of law. In the agreeable aboads, I found only ⚫ John Menzies of Coluterallers, in the county of Lanark, acquired the estate of Cammo, in the parish of Cramond, and county of Edinburgh, by marriage, (13th March 1679), with Rachael Wilkie, heiress of James Wilkie of Cammo. His wife died in 1688, at the age of 37. Mr. Menzies got involved in difficulties, and in 1710 sold Cammo to Sir John Clerk of Pennycuick, Bart. It is now under the appellation of " New Saughton" the property of Mr. Watson of Saughton. Its former possessor was an advocate whose independent conduct had rendered him peculiarly obnoxious to the Bench. See a most amusing account of a dispute between him and Lord President Dalrymple in the "Anecdotes of the early Administration of Justice.”—P. 17. two Lords of the Session, the Lord C[ross]rig,* and E. L[auder]dale. I enquired for my old friend, my Lord Wh[ytla]w, and was told that he was sentenced to have a certain lady, one of the furies, eternally to switch him with rods, back and side (which the English call flogging), and to pay that fury all the estate he should ever purchase for her pains.§ I shall not trouble your Lordships with any more at present, but only beg you would order it to be intimated to the Faculty of Advocates, that, in a short time, I shall write particularly to them. As for my old friend Dr. Pitc[air]n|| and the College of Physicians, I have no time to write to them at present, or, if I had, I would prove, to their mighty surprize, that there is both a God and a Devil, a Heaven and a hell. Nor will I write to the Divines, otherwise I would make it appear that selfish, hypocritical people, and * Sir David Hume of Crossrig, one of the judges, whose " Diary of the Proceedings in the Parliament and Privy Council of Scotland, May 21, 1710— March 7, 1707," was printed in 1828 for the members of the Bannatyne Club, by John Hope, Esq. Dean of Faculty. † Brother of the Duke of Lauderdale, to whose Earldom he succeeded in 1683. He was raised to the bench 9th June 1669, and took the title of Lord Halton or Hatton. If Fountainhall may be believed, his claim to a residence in the "agreeable abodes," is somewhat questionable, as he was remarkable for his insolent and disobliging behaviour. Haig's Senators of the College of Justice, p. 398. Edin. 1832. 8vo. Lord Whytlaw was a younger son of Hamilton of Bangor. He was a lawyer of considerable ability but doubtful integrity, for he was, like his brethren, very just “ where he had no particular concern," but extremely partial where his friend or his own politicks interfered." See page 18. He held the situation of Lord Justice-Clerk at the time of his death in December 1704. § His Lordship cut off his relations from his succession, and left every sixpence of his fortune to his wife,—a circumstance that gave great offence at the time, and is here alluded to. See also Scottish Pasquils, Vol. I. p. 72. The witty Doctor Pitcairn, whose religious opinions were supposed not to be very orthodox. He prosecuted Dr. Webster for calling him an atheist. Pitcairn had been at a book sale, where Philostratus had brought a large price. A copy of the Holy Scriptures was afterwards put up, but no person would buy it. Some one observed it was very wonderful that so exceptionable a work as Philo those who are inclined to strife, desolation, and persecution, are never admitted to these happy aboads. I am, My Lords, Your Lordships' most humble and obedient servant, WILLIAM ANSTRUTHER. v. SONGS IN THE JUSTICIARY OPERA. Reprinted from the edition privately printed by the late Sir Alexander Boswell, Bart. Auchinleck, 1814, 4to. In the preface to this rare volume, it is remarked, that the "Songs of the Justiciary Opera were the light pastime of men who made no contemptible figure in grave pursuits. We know not if any of them were ever committed to writing: many are lost and forgotten, and those that are here preserved, are given from memory." We believe that Lord Dreghorn and James Boswell were amongst the principal contributors. The Songs marked with an asterisk, are interpolations by Sir Alexander Boswell. DRAMATIS PERSONE. CALIENDROSUS MAXIMUS, Grand Clerk of the Scales and Chopping Knife, and Commander of the Forces. HYSTRIX, Clerk of the Rounds. ВомBYX, a very great Officer. JOHN BLACK, the Pannel. BAMBOOZLE, Oraters for the Pannel. stratus should be so eagerly bought up, while no one would even bid for the Bible. "Not at all," said Pitcairn; "for is it not written, Verbum dei manet in æternum?" This witticism reaching Webster, was the immediate cause of the epithet above mentioned being applied. There was no foundation for the charge; but Pitcairn spoke freely-could not resist a joke-disliked and libelled Presbyterians-and was an Episcopalian, hinc illæ lachrymæ. Judges, Jurymen, Sheriffs, Baillies, Serjeants, Mob, &c. &c. SCENE.-An Inn. CALIENDROSUS MAXIMUS, et HYSTRIX. DUET.-AIR.-Saw ge my father? Cal.-Saw ye my Trumpeter? Or saw ye my man John? Hyst. I have not seen your Trumpeter; (Martial Music.) Enter a WAITER. *AIR.-Hey Jenny come down to Jock. Waiter.-The Baillies are waitin,-the Provost is come,- ten. A Grand Procession. SCENE.-A Hall. Enter CALIENDROSUS MAXIMUS, BOMBYX, HYSTRIX, BAMBOOZLE, FLAW-FINDER, MACER, JURYMEN, MOB, &c. * AIR.-Fye let us a' to the weddin. Hyst.-Ge-en-tlemen o' the Jury, Ye'll answer until a' your names.— Jurym.-Here. Hyst. Mathew Powloosie o' Kames. Hyst.-Duncan Macwhey o' Todwiddock. Hyst.—Jacob Bafour o' Howbrig. Hyst.-John Macindo o' Glenpuddock. Hyst. Hew Gib in Bog o' Daljig. Hyst. Patrick Macrone o' Craig-gubble. Hyst.-George Yellowlees in Cowshaw. Hyst. Ralph Mucklehose in Blindrubble. Hyst. Robert Macmurdock in Raw. Hyst. Andrew Mackissock in Shalloch. Hyst. Ingram Maclure in Benbole. Hyst.-Gilbert Strathdee in Drummalloch. Hyst. Gabriel Tam in Dirthole. Jurym.-Here. |