SUPPLEMENT TO THE COURT OF SESSION GARLAND. EDINBURGH: THOMAS G. STEVENSON, 87, PRINCES STREET. M.DCCC.XXXIX. EDINBURGH : PRINTED BY ALEX. LAWRIE & CO. NORTH BANK STREET. CONTENTS. PAGE NOTICE, .... . v 1. Epigram upon the Report that Mr. Yorke, who moved that Strangers should be excluded during the Exami- nation of Evidence concerning the Expedition to the Scheldt, was to be created Lord Dover, 2. Epigrams on Philip Syng Phisic, M.D. 1792, . . 1 3. 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, 4 4. Justice Law, by Sir Walter Scott, Bart. . 5 5. A Chapter from the Book of Kings, . . 12 6. Lord Bannatyne's Lion, . . . .14 7. Joys of the Jury Court, A New Song, ... 15 8. Sketch of the First Division of the Court of Session in 1823, . . . . . .17 9. Hurrah for the Bill and the Franchise so Low ! . 25 10. Bill of Suspension Johnnie Gow, Merchant in Montrose, against Johnnie Bell, Merchant in Dundee, . 27 11 Resolutions to be proposed for the Adoption of a United Meeting of Whig-Radicals and Radical-Whigs, in the Grassmarket, to be held this day, Friday, 21st No- vember 1834, near Porteous' Hole, at the old place of Execution, ... .29 12. Complaint of the Pollysyllable " Otherwise/' against Mr. John Horn, Advocate, . . .33 NOTICE. | HE present Brochure is intended as a Supple- ment to the COURT or SESSION GARLAND, and contains various articles, chiefly taken from a Manuscript Volume compiled by the late Mr. William Hume or Home, who, for many years of his life, was Clerk to the first Lord Meadow- bank. This collection is rich in satirical effusions, chiefly political, and no inconsiderable portion of its contents has evidently come from the public jour- nals, although a great part seems to be derived either from memory or manuscript copies.* The Song of Sir Walter Scott, in which the late Lord Ellenborough is so severely handled, occurs in this manuscript ; it appears never to have been printed previously, and the Editor has much satis- faction in being enabled to present a copy of it to his readers. Mr. Hume had also in his possession another manuscript volume, in which many of the Parliament House jeux d'esprit were included ; this, some short * The Diamond Beetle Case occurs in the volume, but the variations between the printed and manuscript copies are too un- important to require particular notice. VI NOTICE. time before his demise, was destroyed, a circum- stance much to be regretted, as a gentleman, who had it once in his possession, recollects that it contain- ed several curious pieces, which he has never seen since. This opportunity is taken of correcting some mistakes which have crept into the GARLAND ; one of the most important is, the assertion that the Parody on Helvellyn was the joint production of Lords Jeffrey, Cockburn, and Murray, and of John Richardson, Esq. Solicitor, London, whereas it was, with the exception of one line by the former, entirely the composition of the latter gentleman. The error, in giving the Song upon occasion of the dinner in honour of Lord Melville's acquittal to the wrong party, is explained in the notice prefixed to Sir Walter Scott's Song. In both instances the evi- dence of authorship seemed positive and conclu- sive, yet, in both instances, it turned out to be erroneous. The Errata, so far as discovered, are enumerated in the note.* It is possible some inaccuracies may still have escaped detection, for it is next to impos- * ERRATA. Prefatory Notice, p. ix. Note, for Lord Cockburn read Lord Jeffrey. P. 47, for tailzie read failzie. P. 48, Note, for Thomas Pringle read Andrew Pringle. P. 48,* for then in read threw in. P. 48,* Note, after the words " inherited from her father/' read " the eldest son and heir of " [the Judge.] P. 70, for correspondence read condescendence. P- 77, for Commissioners read Commissaries. P. 150, Note, for Lord Jeffrey read Lord Medwyn. NOTICE. Vll sible to avoid mistake, and even the most experi- enced eye will at times overlook a blunder, a fact which those acquainted with passing sheets through the press well know. The late worthy and learn- ed Dr. Adam, for many years Rector of the High School, was the author, or rather compiler of many useful works, chiefly of an elementary na- ture. The proof-sheets, after he had corrected them himself, used to be brought by him to the class, and were then put in the hands of the boys, to see if their vigilance could detect error ; strange to say, there was hardly a revise without a blunder, a lucky circumstance for the detecter, who got an hour's play for his acuteness.* The proof used to be given to the dux, and transmitted from boy to boy, frequent- ly the discovery was not made till after it left the duxes form ; and it was not uncommon for some one perhaps twenty below, to point out a blunder that had escaped all those immediately above. Not- withstanding all this care and anxiety, there is not one of the works, and they are many, of this vener- able person, in which clerical mistakes may not be found. This anecdote is mentioned to shew how exceedingly difficult it is, with every precaution in the world, to produce a work altogether immacu- late, although several books have been most errone- ously called so. * Dr. Adam taught the fifth,, or Rector's class, (being the one preparatory to College,,) and as the boys at the top had for the most part previously been studying Latin for five years, the mode of revision adopted by the Rector was judicious enough. It was usual to remain two years with the Rector so that in this way boys were generally six years at the High School. SUPPLEMENT TO COURT OF SESSION GARLAND. i. EPIGRAM UPON THE REPORT THAT MR. YORKE, WHO MOVED THAT STRANGERS SHOULD BE EXCLUDED DURING THE EX- AMINATION OF EVIDENCE CONCERNING THE EXPEDITION TO THE SCHELDT, WAS TO BE CREATED LORD DOVER. From Mr. Hume's MS. volume This Epigram is from the pen of the Honour- able Henry Erskine. Since Yorke's made a Peer by the title of Dover, All fears of Invasion must surely be over ; When he guards our coasts it may well be concluded, We shall always be sure to have strangers excluded. II. EPIGRAMS ON PHILIP SYNG PHISIC, M.D. 1792. From Mr. Hume's MS. volume An American gentleman, from Philadelphia, of the very singular, but somewhat harmonious name of Philip Syng Phisic, having taken out his degree as Doctor of Medicine in 1792, the late Lord Kinnedder then Mr. William Erskine. an accomplished lady, now no more, and an eminent lawyer, afterwards raised to the Bench, in a playful mood wrote the following Epigrams, both on the name and the inauguration. The first five are, it is believed, by the gentleman last alluded to, but the Editor has been unable to assign the remainder to their respective authors. Sing Physic, sing Physic, for Philip Syng Phisic, Is dubb'd Dr. Phil for his wonderful skill ; SUPPLEMENT TO Each sick phiz he'll physic, he'll cure every phthsic, Their lips fill will Philip,, with potion and pill. 2 If music, as Plato does stoutly maintain, In every disease be a sovereign thing, For calming the spirits, and cooling the brain, Be sure, Dr. Phil, when you physic, to sing. Lo, Phisic, the College permits thee to work, In curing diseases, the greatest of curses, Syng ! Dance then for joy, when thou thinkst at one jerk Phisic can empty both stomachs and purses. 4 What a fillip to physic, if Philip Syng Phisic His skill and his quill to support her shall bring, Of fever and phthsic each Master and Miss sick, Of Syng Phisic's physic the praises shall sing. 5 Each gap in the science of physic to fill up, Old Phoebus young Philip Syng Phisic bestows ; Then the potion and pill of Phil still shall we swill up, And Syng shall be sung at the close of the dose. 6 The physic of Philip so sweetly to swill up, Health, joy, and delight among mortals shall bring, With pap and with praise then still Philip we'll fillip, And loud lo Paeans to Syng ever sing. 7 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. COURT OF SESSION GARLAND. 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* 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 hzs 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. * Alexander's Physician. SUPPLEMENT TO III. SCRIPTURAL MOTTOS, PROPOSED TO BE PUT UP IN THE INNER-HOUSE INSTEAD OF THE CREED AND COMMAND- MENTS, WHICH WERE TAKEN DOWN WHEN THE COURT WAS REPAIRED. FROM MB. HUME'S MS. Volume. LORDS ANKERVILLE* f Mouths have they, but they speak AND DuNSINNANE. \ not. METHVEN. They say, Ha ! ha ! MEADOWBANK. M ? ui} ? sh * U ^ in P arables and sayings dark. WOODHOUSELEE. My soul is like a weaned child. f Then be not like the horse or mule ( which do not understand. TT /My very bones are waxen old with -L J. ERIV1 AiN X). s * 11 i i \ roaring all day long. LORD JUSTICE-CLERK f I like a bottle am become that in the ESKGROVE. ( 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. * David Ross, Esq. son of David Ross of Inverchasly, passed Advocate 27th July 1751. He obtained, in 1756, the office of Stewart-Depute of Kirkcud- bright ; and on the 3d 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. COURT OF SESSION GARLAND. IV. 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 he questioned, assigned to an accomplish- ed gentleman, who, for a series of years, adorned the Scot- ish Bench. Subsequent investigations, however, have proved the assertion to he 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.* 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 * Lord John was a contributor to the Rolliad, and, amongst other portions, he wrote the probationary Ode of Mr. afterwards Sir Nathaniel Wraxall. In the Jockey Club, part 2d, p. 108, there is a satirical account of his Lordship, in which it is remarked, " In literature, Lord John has, in some degree, distin- guished himself, and the public are indebted to him for a few ingenious satirical poems, which have contributed to their mirth and entertainment." SUPPLEMENT TO 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 in- dulged 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 Mel- ville 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 certain- ly succeeded in doing ; a copy of it is preserved in Mr. Hume's MS. and is too curious to be omitted in this Collec- tion.