B M Sn S7E ^^ 1 THE HONOURABLF. HENRY E R S K I N E Els 5' evyeviiap 6\ly' exw (ppdcrai koAci. 6 f.i.€v yhp icrOkhs evyep^s e/xoiy^ avr\p, b 5' oh SIkuios, Kh.v ajx^ivovos irarpds Zit]vhs TrecpvK]], Svcryev^s ^Ivai 5oKf7. —Euripides. "... A worthy man, That from the tyme that he first bigaii To ryden out, he lovede chyvalrye, Trouthe and honour, fredom and curtesie." —Chaucer. Pmmjui by J I. Jicu • ■ n^rayed hvi^aniej IVard Pamter <{-Afeft.oUrUo Enpriiver rtJ i-jj th^. All -Jirpr, THE HONOITKABLK H E N K Y E E S K I N E LOED ADYOCATE FOR SCOTLAND NOTICES OE CERTAIN OF HIS KINSFOLK AND OF HIS TIME COMPILED FROM FAMILY PAPERS AND ()T1II:K SOURCES OF INFORMATION BY LIEUT.-COLONEL ALEX. FERGUSSON LATE OF THE STAFF OF HKR MAJESTY'S IXDIAN ARMY " Efje Kntepentiencc of tf)e ^cottfgf) Bat" AVILLIAM LLACKWOOl) AND SONS EDINBURGH AND LONDON MDCCCLXXXII a, -J TO CAROLINE, COUNTESS DOWAGER OF BUCHAN, DAUGHTER-IN-LAW OF HENRY ERSKINE, AND TO AGNES ELIZABETH FERGUSSON, ONE OF HIS GREAT-GRANDDAUGHTERS, STijis Uolume IS INSCRIBED. ^96038 rO THE READER. The Life of a great advocate sliovikl— it is tliouglit— to deserve the name, furnisli, by means of speeches, letters, or other writings, a view of his opinions, motives of action, and thoughts upon important topics incident to his career. In the case of Henry Erskine there is scarcely evidence enough of this sort available ; conse- quently it is of set purpose that this book has not been called a ''Life." Mr Erskine did, it is believed, make a collection of such things as might serve for a biography, but after his death these were not to be found. A similar f^itality would appear to have befallen much of the documentary evidence that, unquestionably, existed at one time, and would have been of use in this matter, which has been one of interest to many besides Scotch lawyers, any time during the last sixty years. Lord Jeffrey would fain have seen a life of his friend and patron put in shape ; and on one occasion when the late Lord Buchan visited him at Craigcrook was urgent that the matter should be taken in hand, promising that he himself wouhl render all the assistance in his power. viii TO THE READER. It is much to be regretted that the suggestion was not acted upon, and such help secured. This was some forty years ago ; and it is certain that much valuable material available then is not in existence now. This much has been established by recent inquiries. The late Lord Buchan (Mr Erskine's son) never lost sight of the idea that a memoir of his father should be written, and with this view, from time to time, recorded with much care and detail facts concerning his father's life, professional career, and incidents connected with the Erskine family generally, till a very extensive collec- tion of notes is the result. It is this MS. volume that forms the chief basis of the following memoir, which has been undertaken with the view of carrying out the wish of the Dowager Countess of Buchan, Mr Erskine's daughter-in-law, especially, that the materials collected by her husband should, even at this late hour, be applied to the purpose he had at heart. Without such data it would have been very difficult to produce even such an imperfect sketch as is now presented. Wlien it became known that it was contemplated to attempt a sketch of Henry Erskine's career and his time, other materials were freely offered, the existence of which had not been suspected ; amongst these is a MS. volume — which had belonged to the late Charles Kirk- patrick Sharpe — by Sir David Erskine, Kt., who, hav- ing had access to the old documents, etc., of the Erskine family, very faithfully transcril)ed many of them. This collection, lent by the Rev. W. K. R. Bedford, Mr Kirkpatrick Sharpe's nephew, has been made use of in the introductory part of this book. From Arniston was sent, witli much kindness, by TO THE READER. ix Mrs Dundas Durham of Polton, another volume, chiefly of letters of later date, which has been quoted under the title of the Polton MS. A continuation of the same correspondence came unexpectedly to light at Coltness in the course of search for material, and was obligingly lent for the purpose of this work. This has been cited as the Colt- ness MS. In order to present a picture of the times in question, and especially of the close of the 18th century, — which a distinguished writer has said " came to an end only about 1825," — certain of Mr Erskine's kinsfolk have been described with some minuteness, notably his sister, " the good Lady Anne Erskine ; " and her aunt and corre- spondent, the eccentric but clear-headed " Aunt Betty " of Coltness, with her old-world and fantastic theology. In their strength as well as in their weakness, the opin- ions of these excellent women are characteristic of the age, and of the Erskine family in those days ; and so have been deemed worthy of notice. Further than to furnish details little if at all known previously, it has not been thought necessary to discuss with any minuteness the life and career of Lord Erskine, these having been, on the whole, well and fully dealt with by Lord Campbell in his Lives of the Chancellors. Several facts now given do indeed modify some of the statements regarding the Erskines made in that great work ; and it is with considerable regret that the present writer finds himself on more than one occasion at issue with Lord Campbell on points of fact connect- ed with the Scotch relatives, and early days, of Lord Erskine. An explanation of the cause of this seems to X TO THE READER. be afforded by Lord Campljell himself, when he \^Tites, under date January 5, 1846, that after having completed and abandoned some of the early Lives, "in the first week of November " he resumed the work, re-writing all he had before done, and " by the 30th of August the whole was printed." ^ It is thus obvious that there could have been no time to spend on individuals and circumstances collateral to his principal characters ; and as Henry Erskine and his career were of these, the facts regarding them, and Scotch affairs generally, as given in the Lives, are not always quite accurate. If Lord Byron was correct in thinking that, " anything in Lord Erskine's hand^Titing will be a treasure gathering com- pound interest from years," the relics of the Lord Chan- cellor now given will not be unacceptable. The details of the " afi"air of the Deanship " mil be chiefly interesting to gentlemen connected with the law. The facts of this incident, memorable in the history of Mr Erskine's career, and in the annals of the Faculty of Advocates, are understood to be fully stated, now, for the first time. Though few letters written by Mr Erskine remain, there are very many of those addressed to him, from which a tolerably large selection has been made : of his brother. Lord Buchan's, correspondence, the " gentle " and dignified letters of H.R.H. the Duke of Kent will certainly be read with interest. There are, no doubt, many who will expect to find in a memoir of Harry Erskine a Banquet of Jests, and little more. The good stories sctid to be connected T\dth him are legion. ]\Iany of these, believed to be authentic, 1 See Corresjjmdcncc of the late Macvcy NaiJicr, Esq., p. 516. TO THE READER. xi will be found here ; but it will be remembered that the most effective retort Mr Erskine ever received — for the moment appalling him — was when he asked a friend where he had picked up a certain joke, and was answered — "From a new book just out, called Every man his oitm Harry Ershiner It would be a cruel fate that should make of his biography such " a work." Among;st those who were most anxious that, even thus late, a memoir of some kind of Harry Erskine should be compiled, was the venerable Dr David Laing, of the Signet Library, Edinburgh. He would listen to no argument against it. Had he been forty years younger — he said — he would have undertaken the matter himself; and was very urgent that it should be taken in hand by the present writer. " Only begin," he said, "and you will find plenty of material." The personal assistance w^hich the kind old man promised, and which would have made this book more worthy of being placed in the reader's hands, was never given, for he died before the work had been well begun. To the fascination of Henry Erskine's name, even in this age, which Mr Laing spoke of, must be attributed the interest, help readily offered, and kindness shown, by persons literally of every class ; besides many of the Erskine family. Amongst those to whom thanks are specially due are : Lady Elizabeth Gust ; Viscountess Ossington ; Mrs Dundas Durham of Polton ; Mrs Frederick A. Milbank ; Mrs Houldsworth of Coltness ; Miss Cathcart of Auchendrane; the present Duke of Port- land ; the Earl of Zetland ; the Earl of ]\Lar and Kellie ; the Hon. Henry Moncreiff ; Mr ^ncas Mackay ; Mr J. S. Blackie; Mr E. C. Jcbb ; Mr Samuel Eawson xii TO THE READER. Gardiner ; Mr P. G. Hamertou ; the Eev. W. K. E. Bedford; the Eev. Dr J. F. S. Gordon; Mr E. E. Stodart, the most courteous Lyon-Dej)ute ; Mr W. B, Hole, A.E.S.A. ; and Surgeon-GeneralJ. Irving. Thanks are also due to Mr John Small of the Edinburgh Uni- versity Library; Mr J. T. Clark, Keeper of the Advo- cates' Library ; and to the Faculty, for interesting in- formation derived from their Minutes, and MSS. in their possession ; and to Mr Eobert Adam, City Chamberlain. A word of acknowledgment must also be said regard- ing the accuracy with which MM. Goupil and Co. of Paris have reproduced on a smaller scale, by their process of Photo-gravure, the somewhat scarce mezzo- tint portrait of Mr Erskine, after Sir Henry Eaeburn. A. F. Lennox Street, Edinburgh, May 1882. CONTENTS. CHAPTER I. Part I. PAGE Introductory— The Erskiiies of old— John, Earl of Mar— Esme Stuart, Lord d'Aubigny and Duke of Lenox — Catherine de Balsac — Marie Stuart — " Jock o' the Sclates " — Countess of Mar — Mary Douglas, Countess of Buchan and James Erskine — Lady Mar's " Household Book," 1 Part II. Lords of Cardross— Stewarts of Kirkhill — Persecution of Henry, third Lord Cardross — Letters — David, fourth Lord, and Frances Fairfax — Sir Thomas Browne — Letters — Colonel Gardiner and Lady Frances Erskine, . . . . . .22 CHAPTER II. Henry, tenth Earl of Buchan, and Agnes Steuart of Good trees — Sir James Steuart, Lord Advocate — Births of Henry and Thomas Erskine — Sir James Steuart of Coltness — Letters of Mrs Calder- . wood of Polton— Lady Mary Wortley Montague— The Erskines in Edinburgh — Studies at St Andrews — Professor Wilkie and The Epigoniad, . . . . . . . -l.'i CHAPTER III. The Erskines at Bath— Old Earl's letters— Garrick— Lady Stair and Douglas cause — Whitefield and Lady Huntingdon— Ralph and Ebenezer Erskine — Midshipman's letters — Lord Chatham — Earl's death— Henry at Edinburgh University— Verses— Marat —Advocate— Old law customs— Style at the Bar— Anecdotes- Sir James Colquhoun — Ensign Thomas Erskine — His sermons and verses, ........ 09 xiv CONTENTS. CHAPTEK IV. Old Edinburgli— Nor' Loch— Gabriel's Eoad— High Street— Letters of "Theophrastus"— 1763 and 1783— Assemblies— Lady Eglin- toim— St Cecilia Society and mnsic— Catch Club—" Saving the Ladies "—Verses— Christian Fullerton- Tenducci— " Amanda " and "Love Elegies "—Ensign Erskine on " marriage "—Henry Erskine's marriage— Halkerston's Wynd— Tea— Newhall, . 106 CHAPTER V. George Square— Walter Scott— Clubs— The Poker— Lord Kellie satirised— "Fragment of Sappho"— "A Lover's Message"— The Beggar's Benison, . • • • • .133 CHAPTER VI. Procuratorship-" Highflyers " and " Moderates "—Case of the Rev. James Lawson— Death of Agnes, Countess of Buchan— Speech of Lord Erskine— Taverns— Case of John Wright, advocate- Legal exclusiveness— William Adam— Lord Erskine's duel- Lady Anne Erskine and Lady Huntingdon— The Gordon Riots — Lady Anne's letter, and work, . . . . • 1^5 CHAPTER VII. Mr Erskine and the English Church — Scotch Episcopacy and Jacobitism — The Erskines' Prayer-Book and Bible — Bishop Sandford— Fergusson of Hermand— Improvements at Uphall— Lord Buchan's marriage— Scottish peerage elections— Remark- able case— Mrs Mure of Caldwell and David Hume— New Assembly Rooms — Antiquarian Society — Lord Buchan and Horace Walpole— Henry Erskine and Hugo Arnot— Leith Pier — Toasts and sentiments, . . . • • .185 CHAPTER VIII. Translations — Horace — Moschus — Anacreon — Depopulation of the Highlands—" The Emigrant "—Bibliography of " The Emi- grant," ...••••• 215 CONTENTS. XV CHAPTER IX. (Joalition Govcrnnient — Mr Erskine tappointed Lord Advocate — Letters to liini— Mr Fox's India Bill— Mr Pitt's India Bill— Thomas Erskine in Parliament — Sir Thomas Dundas's Letters to Mr Erskine — Irish resolutions — Duke of Portland's letters, . 237 CHAPTER X. Dean of Faculty — Letters — Signor Lunardi — Edinbm^gh Dispen- sary — Dryburgh Abbey — Mrs Siddons — New Town — Burns and Henry Erskine — Duchess of Gordon — Stories — Countess of Glen- cairn — Mrs Maria Riddell and Metrical Miscellcmy, . . 2G3 CHAPTER XL Trial of Deacon Brodie — Contest for the Clerkship of Assembly — Prince of Wales at Wentworth — A suit — The Stadtholder's visit — Election projects — Ammondell — Burgh reform — Loyal "resolutions" — Henry Erskine and Mr Archibald Fletcher — Revolution and Reform, ...... 300 CHAPTER XII. Schism of the Whigs — Political associations — "Friends of the People " — Henry Erskine and Sir Gilbert Elliot — Thomas Erskine's defence of Paine — Dumfries tinkers — Tragedy of Gullane Links— The affair of the Deanship— " The Telegraph " and " Telegraph inverted " — Burns on the Deanship — Minister of Crailing's petition — Story of Spanish dollars, . . 337 CHAPTER XIII. Aunt Betty at Coltness — Admiral Sir Philip Durham — Elizabeth Steuart's theology — Her poetry — " On the Government of France " — " The Boast of Hard Drinkers "—Her " Legacy Book "— " The Laird of Cool's Ghost" — Aunt Betty's Narrative of Four Con- ferences — Her death, . . . . . .369 CONTENTS. CHAPTER XIV. Thomas Erskine's and Henry's children — Marriage of Elizabeth Erskine — Callander of Craigforth — Trial of Macdonald of Glen- garry — Trial of the Rev. Mr Fitzsimmons — Incorporated tailors — Thomas Erskine's legacy — Bathgate rioters and Lord Polkem- met — Threatened invasion — Volunteering — Thomas Erskine and Quartermaster Hall — Duchess of Gordon — Henry David, Earl of Buchan, and the Duchess, ...... 388 CHAPTER XV. Office of Lord Justice-Clerk — Death of Mrs Erskine — Harriet Erskine — Erskine Munro and her verses — Marriage of Mr Erskine — Use of drollery at the Bar — Examples of Henry Erskine's: Thomas Erskine's— Affair at "The Cock," Temple Bar — Thomas Erskine and Jack Lee — English, Irish, and Scotch oratory — Lord Brougham's opinion of Mr Erskine's style — Lord Braxfield and Sir James Colquhoun, . . . .416 CHAPTER XVI. Death of Mr Pitt— Lord Moira— " All the Talents "—Lord Advocate — Pre-reform election customs — M.P. for North Berwdck, Jed- burgh, etc. — Advice from constituents — Mr Erskine in Parlia- ment — Speeches — Mutiny Bill — Training Bill— Freehold Estates Bill — Ministers' stipends — Scheme for their improvement — Curator or curator, ....... 431 CHAPTER XVII. Lord Advocate's correspondence — Lord Moira — Tlireipland of Fin- gask — Lord Maurice Drummond — De jure Earl of Mar — Thomas Chalmers — Mrs Anne Boscawen — Pensions — Bell Rock Light- house — Election schemes — Lord Polkemmet in trouble — Changes in the Law Courts — " Endless Willie " — Mr Commissary Balfour — The Tytlers' sympathy — Case of the Rev. Donald ^M'Arthur — " Independence of the Scottish Bar," .... 440 CHAPTER XVIII. David, Earl of Buchan — Opinions regarding him — Sliarp criticism — Literary schemes — Cardinal Erskine — Letter of Burns — John CONTENTS. Clerk's etchings — Stories of Lord Bucliaii — Sir Thomas Browne — George Washington — Dr Franklin — " Cevallos Article" — Scotch representative peers — Robert Bloomfield — Letter to George III. — Princess Mary — Letters of H.R.H. the Duke of Kent — Thomas Campbell — Reminiscences — Correspondence, CHAPTER XIX. The Regent and his friends — Hopes of promotion — Disappointment — Letters to David Cathcart — Lord Moira's farewell — Lady Glen- cairn and Lord Nelson — Her letter to Mr Perceval — Mr Erskine at Ammondell — His son's description — A picture — Epigrams, etc. — Henry David, twelfth Earl — Colonel Erskine — Renewed hopes —The end, ....... 50G APPENDIX. No. I. French and Italian pedigree of the Erskines, . . . 535 II. Sir Thomas Browne's daughter Elizabeth, and his grand- daughter, Frances, Countess of Buchan, . . . 587 III. Extracts from a Discourse addressed to Soldiers by Ensign the Honble. Thomas Erskine : and " Berwick Beauties," . 539 IV. Letters of Lady Anne Erskine to Mrs Elizabeth Steuart of Coltness, . . . . . . .541 V. Correspondence between the Hon. Henry Erskine and several Members of the Faculty of Advocates, . . . 544 VI. " The Virtuous Number of Thirty-eight," . . . 550 Index, ......... 553 LIST OF ILLUSTRATIONS. PORTBAIT^. PAOE The Honble. Henry Erskine, . • • Frontupiece. Marie Stuart, Countess of Ma^.— Etching hy Charles Kirkpatrick e/ ... 12 The Honble. Mrs Henry Erskine (Christian Fullerton), . 122 Thomas, Lord Erskine; Lord Chancellor of England, David Stewart Erskine, 11th Earl of Buchan, 348 488 Countess of Mar's Lodging in the Cowgate.— i^rom a Drawing byA.F.,. Arms of the Visconti Family (Fragment of the Monument of Azzo Visconti preserved by the Triviilzio Family).-i^rom Cou7it Litta; drawnhy A. F., •••••• "Colonel Gardiner's Thorns," Prestonpans.-.S'Mc/i byA.F., Arms of Le Comte de Mar, 1369.— From the " Armorial de Gelre." See " Scottish Arms," hy Mr R. R. Stodart, L.D., • • 1(>5 In the Old Assembly Close.— Dtwr^i hy Mr W. B. Hole A.R.S.A., ..■■■■■ " Anstruther Wester."— i'Vom the Seal, . Signatures of Lady Huntingdon and Lady Anne Erskine, . 184 House of the Musical Earl of Kellie, PiTTENWEEM.-7Mnm hy A.F., ..••■•• 21 42 68 132 154 214 XX LIST OF ILLUSTRATIONS. Highland DEropuLATiON.— SA-efc/^ l\j Mr W. B. Hole, A.R.S.A., Craigdarroch's Triumph. — After a JVoodcut, probably by Bewick drawn by Mr W. B. Hole, A.RS.A., Turrets of Old Coaxes House. — Sketch by A. F., In the General Assembly, 1786.— Mr W, B. Hole, after David Allan, ....... "1793" : an Emblem, ..... " Philosophy " : an Emblem. — From a Drawing by A. F., . Armorials of Can Grande della Scala. — From Count Litta, At " The Cock," Temple Bar.— ilfr W. B. Hole, A.R.S.A., Signature of Lord Chancellor Erskine, Signature of David, Earl of Buchan, . Signature of H.R.H. The Ddke of Kent. — From a Letter ad dressed to Mr Erskine, ..... Ammondell, circa 1817. — From a Drawing by David, 11th Earl of Buchan, ....••• 236 262 299 336 368 387 415 430 448 476 505 534 HENRY ERSKINE. CHAPTEFv I. PABT I. INTRODUCTORY— THE ERSKINES OF OLD— JOHN, EARL OF MAR— ESME STUART, LORD d'aUBIGNY AND DUKE OF LENOX— CATHERINE DE B^LSAC— MARIE STUART — " JOCK O' THE SCLATES " — COUNTESS OP MAR — MARY DOUGLAS, COUNTESS OP BUCHAN AND JAMES ERSKINE LADY MAR's "HOUSEHOLD BOOK." At the period when Henry Erskine was at the hei.L^ht of his reputation as a lawyer, and a chief of a great political party, the claims of the old nobility to be the natural leaders of the people had Ijy no means become obsolete. On the contrary, it has been alleged that in his time, even when political excite- ment was at its highest, the hottest of English reformers of Westminster, and elsewhere, would never listen to dema- gogues of their own class, so long as they had a cliance of beLg harangued by gentlcmm. Tliis fcehng, from national temperament, a tardy civilisation, or whatever other assignable cause, was stronger in Scotland, by many degrees. Indeed it is not too much to say, that '^ Harry Erskine" would not have been what he was to the people of Scotland, had lie not r)ecn distinguished by a descent from an ancient and nolde race, in A /'?;-r'2 HENRY ERSKINE. addition to tlie other gifts which recommended liim to tlieiv alTections. The idea that every man is, in some degree, what his an- cestors have made him, was in no way contradicted in his case. For all his Whig opinions — and what these might mean in the age in which he lived it will be attempted to show in suhsecpient pages — he was not insensible to the fact that he was come of an ancient and honourable family ; nay, he would refer, on occasion, with unaffected simplicity to his descent from a noble line of ancestry, but there was nothing petty in the feeling. It was rather that sense of responsibility, which is not the least of the inheritances which honourable " forebears " hand down to their successors. Those who agree with Sainte Beuve, that a man wlio has distinguished himself above his fellows should be followed up in his ancestors, will not, perhaps, think it inappropriate if a very brief outline, within the limit of a few pages, more personal than historical, of certain of those forebears of Henry Erskine is given here ; especially as there is not, so far as I am aware, any work which supplies a detailed history of the " long-descended Erskines," to which the reader might be referred. It is hardly necessary in such a survey to go back to remoter periods, seeing that by reason of an unfortunate necessity, a discussion, still going on, has caused tlie early his- tory of this family to be better known, probably, than that of any otlier in Scotland. Had Lord Campbell, for example, lived in these days, he would hardly have ventured, while cpioting the oft-repeated saying of Lord Hailes, that the early history of the dignity of Mar is lost in the grey mists of anti(piity, to infer that tlie Mar family and the Erskines were always identical.^ AVitli one exception, there is scarcely a vicissitude that can l)e named wliich has come upon any Scottish family that has ' Sc'o Lives of the ChancdJofs, Itli <■.!., vol. viii. |). 221. J-HE ERSKJNES OE OLD. 3 not befallen these Erskines ; nor are there many of the great events in the history of this land in which they have not borne conspicuous parts. Tliey fjniolit and gave tlieir lives ungrudgingly for their country, when there was need ; when patriotism w\as for a time at a discount, they followed the fashion of the day ; wdiile they were ever ready to use their swords at their sovereign's command, they had frecpiently to use their wits, no less sharp, for their own preservation. Whenever an embassy to England, or to France, was needed, these ready wits w^ere in request. The head of the family took the side of King James against the re])el lords at tlie battle of Sauchieburn. Kobert, third Lord Erskine, fell at riodden, along with four other gentlemen, liis kinsmen, namely, the grandfather, father, uncle, and grand-uncle of John Erskine, the Laird of Dun. The grandson of that lord, the Master of Erskine, was killed at Pinkie. In more recent times, for their rightful king, as some of them thought, they lost their titles and their all — they might have lost more. But through all these changes and chances, it seems that their fidelity was so well assured, that througli five generations a trust was reposed in them, such as, probably, cannot be paralleled in the annals of any other family, or country, namely, the almost hereditary custody of the heir to the throne during his nonage. PossilDly their connection l)y birth with the royal family was also taken into consideration in tliis singular arrangement, Thomas, first Lord Erskine, having mar- ried a grand-daughter of King James I.^ Alexander, second Lord Erskine, w\as intrusted witli the keeping of King James IV. in his youth. John, fourtli lord, had the care of the young King James V., and went to treat regarding the king's marriage ; and on his deatli was constituted keeper of the queen's person ; he also conducted lier safely back to France. John, fifth lord, had the infant I*rince James at his birth 1 vSoo Donglas Pccra/fr. 4 HENRY ERSKINE. committed to liis care by Queen Mary, and kept liis charge in spite of Botliwell's eftbrts to the contrary. In 1595 Prince Henry was formally given into the safe keeping of Lord ]\Iar, by warrant under the king's own hand ; and John Erskine would not suffer even the mother of the prince to have access to him. It was during the reign of King James VI. tliat the family of Erskine, with whom this narrative has concern, branched off from the main stem : it is not necessary to discuss with any detail the history of the house before that time. On the death of the Reoent Mar in 15 72, the care of the young king naturally, as it w^ould appear, devolved on the Erskine family. The Parliament intrusted his safe keeping and education to a Commission, consisting of Sir Alexander Erskine of Gogar, the late Regent's brother, Adarxi and David Erskine, and Master Peter Young. Under the supervision of these, the immediate direction of the young king was in the hands of the Countess of Mar, who had already shown her devotion to the Stewart family by suckling the royal infant, and afterwards continuing her charge of him, as nurse and '' governante" under the Regent's autliority.^ In accordance with this arrangement, a small class was formed under the famous George Buchanan, to the great ad- vantage of the young king's education, consisting of Lord Mar, with his cousins, Alexander, Thomas, and George Erskine, the sons of Erskine of Gogar, with some other relatives of the House of Mar. Of these, the king's class-fellows, Alexander Erskine was killed at the surprise of Stirling Castle in 1578. Thomas, who became a favourite of the king, and was sup- ^ There was long preserved amongst the archives of the Mar family at Alloa House, the original of the charge by the Estates of Parliament to Sir Alexander Erskine of Gogar, for the safe keeping of the young king, and of Stirling Castle : "His Hienes continuing as afore under the noriture of the lady Countess of Mar, liis majesties governante, as towards his mouthe and ordering of his person ; " while his "education in literature and religion " were to be the care of " Maisters George Buchanan and Peter Young, his present pedagogis." ESME STUART, LORD UAUBIGNY. 5 posed k) have saved liim from assassination in tlie Gowrie Conspiracy, was made Viscount Fenton and Earl of Kellie, and, after the king went to England, a Knight of the Garter. Though there was tlie strongest affection between John Ersldne and the young king, without doubt the troubles which marked the youth of James YI. suggested the idea that his head would lie easier if he had some one of his own kindred in whose fidelity he could rely, to be about him, and to afford hhn disinterested support. In September 1579, at tlie express invitation of James, his cousin Esme ^ Stuart, Lord d'Aubigny, came over from France on a visit to the king. Nominally his visit was for the purpose of enabling him to look after certain property belonging to the Lenox family, in which he was inter- ested. It was, however, suspected that he came as an emissary of the Guise party, to attempt a movement in their favour. The father of this Esme Stuart was John Stuart, fifth Lord d'Aubigny, Captain of the Scots Gms d'Armcs in France, and younger brother of Matthew Stewart, twelfth Earl of Lenox, father of the unfortunate Henry, Lord Darnley. Thus it will be seen that Esme Stuart, being the first cousin of his father, is described by James VI. as his own " neir and deir " relative. The lordship of Aubigny had been granted by Charles VII. of France to Sir John Stewart of Darnley, in gratitude for his services in the wars against the English, and was henceforth held by a younger son of the Stewart-Lenox family, of whom he was the ancestor. It is evident from several entries in the accounts of the Lord High Treasurer of Scotland, that there had been in the previous reign much friendly intercourse between the Scotch king and his French relatives, so tliat Esme Stuart did not come as an absolute stranger.-- 1 This name was of old pronouncca Aime. Thus Crawfurd of Drunisoy in his Memoirs says-" This gentleman's name was A>,mic Stnart." Pere Ansclme writes, '' Edme Stuart, Comte de Lrnox." "- "1532. 19 Jac. \.-Item., To Johne Bog, i-assand witli eerUinc llorsis and 6 HENRY ERSKINE. The provision wliicli King James made for the support of tlie dignity of his " neir and deir cousing," is detailed in a "royal signature" of date aljout October 1579, one of the most interesting of the documents recently brought to liglit in Mr Eraser's valualjle work, Tlu Lennox. The object of the letter^ was to install Esme in the position of Commendator of the Al)bey of Aberbrothock. The king was also desirous tliat his cousin should be estab- lished in the Earldom of Lenox, which James himself had inherited on the death of his grandfather, the Eegent Lenox, but which had been granted, during his minority, to his uncle Charles Stewart. Erom him it was not allowed to descend to his unfortunate daughter, Arabella Stewart, but was given to the king's grand-uncle Eobert, Bishop-elect of Caithness. This dignity, along with the Priory of St Andrews, James induced the Earl, in 1579, to resign in favour of Esme Stuart, in ex- change for the Earldom of March. Two years later, Esme was advanced to the dignity of Duke of Lenox. Throughout the vicissitudes of these troublous times, the kin^f seems never to have lost his rec^ard for his cousin, not Hundis send be ye Kiiigis grace to Madame Dobiiize, to his expensis ijcxl frankis." Many other payments appear in the accounts for dresses, provision for the horses, and "iiij doggis to my Lord Obinze," — Pitcairn, vol. i. p. 337. ^ Thus the letter runs : * ' Our Souerane Lord vnderstanding that his hiencs deir cousing Esme Stewart off Obeynie in France, lies for the guid, feruent, and naturall affectioun quhilkis he lies borne and beris towartis our said Souerane Lordis persoun, honour, estait, and commoun weill off his realme and liegis thairoff vpon grit danger of his lyfe, with grit chargis, expensis to the hurt of his leving in France, his wyff and childrin cumand throu the seis to weise our said Souerane Lord, and to await and attend vpon his seruice : Thairfoir his hienes according to his dcutic, l)eing of guid will and mynd to gratifie his said cousing anentis the premiss and to giff occasioun to him to continew and perseweir in his guid will and seruice to his hienes in tyme cuniing ordanis, with anise of his sccreit counsale, ane lettre to be maid vnder his hienes grit seill in the niair forme to the said Esme Stewart of Obeny, his hiencs neir cousing foirsaid off the gyft off ]iis hienes benefice and abacic off Abirbrothok ... as gcve he had bene provydit thairto be bullis and prouisionis in the Court of Piomc. . . ." — Vol. ii. p. 270. CATHERINE DE BALSAC. 7 even wlieii liis fall came, and he was forced l)y pressure uf the rrotesta.nt ])arty, and the success of the liaid of liuthven, in which the ]^'.arl of Mar bore a prominent part, to llee to France, where he died suddeidy — some said he was poisoned — in 1583. The king's goodwill was further shown by his liaste to call over from France the children of Esme Stuart, and his anxiety to place himself in the position of their parent. The Duke c)f Lenox had married in France a lady of a very ancient and noble family in Auvergne, Catherine de Balsac (whose ancestor, as well as her husband's, had been active against the English in the time of Charles VII.), sister of Francis de Balsac,^ "Seig- neur d'Entragues, Marcoussis, et de Malsherbes." Their father, the lord of these possessions, had fallen mortally wounded at the battle of llenty in 1555. The royal signature of James, quoted above, relates that Esme Stuart had left his family in France ; there is no evidence that Catherine de Balsac ever came to Scotland. She seems to have l)een an estimal)le per- son, and is described as a very " religious " lady, who gave a " noble education to her son," young Esme, Lord d'Aubigny. The last we hear of the Duchess of Lenox is that her grand- son, the young duke, went to visit her in 1030,^ and that on account of his " grandmother's great years and weakness," the young Lord d'Aubigny desired to defer his accej^tance of an invitation of Charles I. to come to Enoland. o The lineage of Catherine, first Duchess of Lenox, was so remarkable, combining a descent from several of the most august houses of Italy and France, including the lines of Vis- conti, Dukes of Milan, Delia Scala of Verona, Doria of ^ '■^ Bahac, petite ville a deux lieux de Briondc, a doinii.' le iiuiu a cette innison, Jean de Balsac, Sieur d'Entragues ayde le Roy Charles ^'II. de tons ses Liens contra les Anglois." — Lc Palais dc Llionncur, par Tere Anselme de la Yiergc Marie (Paris— 1664), p. 331. 2 Letter of Edward Dacres (proLaLly the young duke's chaplain), dated 23d Scpteml)er 1630, quoted by Lady Elizalietli Cust in her excellent pamidilet The Duke of Lenox and Richmond of Cohlunn IlaU (London — 1878), rc[iiiiit<'d from Archa?oloGjia Cantiann, vf)l. xii. 8 HENRY ERSKINE. Genoa, as well as the Bourbons and De Eolians of France, that it has been thought advisable to show these details in a " tal )le " which will be found farther on in this book. Tlie foreign portion of this " tree " is the work of the Lady Eliza- beth Cust, daughter of the present Earl of Darnley. It is the result of careful study, and is characterised by the extreme accuracy which distinguishes all the researches of Lady Eliza- beth. Scotch historians have done little more than mention the name of the first Duchess of Lenox ; it has therefore been considered desirable to ask attention to the very remarkable facts connected w^ith the heraldry and family history which Catherine de Balsac and her children were the means of intro- ducing to Scotland, and which, it is believed, will be found new, even to persons well acquainted with such things, and cer- tainly by nearly all of those who, by descent, are entitled to an interest in the matter ; but out of consideration for the unini- tiated, the curious story has been relegated to an Appendix.^ With regard, however, to the imposing scheme of genealogy unfolded, the remark of an eminent authority in Scotland in this branch of knowledge may perhaps be cited, namely, that there seems in this remarkable case to be no scope for the ingenious art of pedigi-ee-making, seeing that all the descents quoted are hioiun and Jdstorical. The portrait of the Duke of Lenox has been drawn by Mr Froude in the blackest of colours in regard of his intrigues and perfidy.^ No man was more deeply imbrued in the com- plications of that troublous time, when even the good Lord Treasurer Mar himself could only stand his ground by meeting stratagem with stratagem. But the historian's own narrative liardly bears out the darker suggestions regarding Esme Stuart's character, any more than it does the statement that he appears ^ See Appendix No. I. - " The character of Lennox is of little moment to history, . . . so insignifi- cant a ^vretcll," &c. — See History, vol. xi. p. 532. Robertson descri1>cs him as gentle, humane, candid, and deserving (vol. ii. p. 81). DUKE Of LENOX. 9 " iiisigiiilicaiit " in the liistovy of the period All the ohl Scotch recxa-cls of the time, and the letters in the Cot- tonian collection bearing on tlie period, show that the word is inappropriate as applied to Esnie Stuart; wliile the latest narrative of that eventful age, namely, Mr Leader's Mary Queen of Scots in Captivity, with its ample authorities, may be cited to show that, during the last stages of his troubled life, the influence of the Duke of Lenox was felt not only in Scot- land, but in England, France, Italy, and Spain (p. 499 et scq.) The representation of the Stewart-Lenox family, whose chief inheritance was one of misfortune and violent death, as well as of the ducal line commenced by Esme Stuart, ultimately de- volved upon Charles 11. He was in due course served heir to the estates attached to the dukedom, according to the old Scotch law process, by which the " macers," or servants of the Courts are, for the moment, intrusted with the authority of sheriffs, for the purpose of impartially awarding property to the rightful heir. In this case fourteen of the Lords of Session sat as a jury. The heir of line of this ancient house is the Earl of Darnley in the l^eerage of Ireland, whose right to represent the old Dukes of Lenox is believed to be unquestioned.^ A descent, in the female line, from persons of the royal family, it may be added, is very common in Scotland. Byron, it will be remembered, felt not a little pride in the royal lilood in his mother's veins, and in his own. This is referred to in the Notes to the Hours of Idleness. It was the fact of the close connection of Esme Stuart and his children with the king at the moment upon the throne that was remarkable, and that bore upon the fortunes of this family. Immediately on the death of Esme, as has been said, King James sent to France to bring over his cliildren. Only Ludo- vic, who was thirteen years of age, was considered old enough 1 It is i.erliai>s hanlly ucccssuiy to say tl.at llu' mo.l.ri. aukcd.m. of L.niiux, the origin of Nvhich iu the time of Chalks II. is given in the ].eeiage hooks, is distinet fioni this dii;nity. lo HENRY ERSKINE. to be sent Some years after, the others, the Ladies Henrietta and Marie, were brought over, the Lady Gabrielle preferring to stay in France and take the veil, aUliough King James had arranged a marriaoje for her with the Earl of Eglintoun. The eldest daughter married, with the king's consent,^ George, Marquis of Huntley. But it is with the Lady Marie we have concern. John, Earl of Mar, had married Anne, daughter of Lord Drummond. She died not long after her marriage, leaving one son, the heir to the ancient earldom. So it fell out that when the Lady Marie Stuart, the young and imiuante French beauty, arrived in Scotland, one of the first conquests she made was that of the Earl of Mar. He in due time told his tale, but was received with certain " whalebone airs " and scant courtesy 1 )y the young lady. The " winged wag " had seldom managed to make such sport of a fond lover : John Erskine, it is recorded, took to his bed, never expecting to rise from it. In this sad plight he was visited by the king, to whom, " with watered eyes," he opened liis grief, and his sufferings at the hands of ' ' A ladye soe coy to wooe, "Who gave liim tlie asse so plaine." The kmg, grieved for his schoolfellow's case, poured into his green wounds drops of the heaven-given oil of sympathy, with the comforting words, " Be my saul, Jock, ye shanna dee for ony 1 In the next reign a disregard of tlie king's views in such a matter by the ladies of this family was apt to lead to serious consequences, as is shown hy Lady Elizabeth Cust. Katherine Duchess of Lenox gave mortal offence in the spring of 1626 by allowing her eldest daughter, Lady Elizabeth Stewart, to marry young Lord Maltravers, son of the Earl of Arundell, without the king's "consent." Charles had arranged to marry her to the eldest son of the Earl of Argyll. Arun- dell was sent to the Tower on the 6th ]\Iarch, and remained there till June (Z)o- racatic State Paijcrs, Charles L, vol. xxii. No. 40). Tlie Duchess of Lenox was "restrained" for about six months (ibid., vol. xxxix. No. 50), and the young couple were imprisoned several weeks in Lambeth Palace {Court and Times of Charles I., vol. i. 80).— Sec Duke of Lenox and Richmond of Cohham Hall. '\/OCK a THE SCLATESr ii lass in a' Llic land." IJis " llieness " proceeded t(j read his saucy young kinswoman a lecture. Ikit the youn<^ l^dy, it appeared, had very clear reasons for her conduct, and with great f(jre- thought explained that the Earl of Mar had already a son and heir, and that, in fact, " Anne Drunnnond's l)airn would ])e Jvarl of Mar, hut that hers would he just Maister Erskine." Sucli an argument was unansweral:>le. The king admitted that lie must needs look to it, and promised to do so much if she would listen to his connnands regarding his good friend, " Jock o' the Sclates." This was the name given by King James to his class-fellow, from his having been intrusted l)y George Buchanan with a slate, whereon to record the misdeeds of the royal pupil during the pedagogue's absence. Lord Somerville and others are hardly correct in speaking of Lord Mar as an old man at this time. He was little more than thirty. A family tradition exists to the effect that the Earl of Mar, though he was as active as his master in the suppression of the black arts, had at this time list- ened to the professions of an Italian necromancer, from whom he had received a limning of a lady which should show the features of his future wife. Mar thought he observed these lineaments in the beautiful daughter of the Duke of Lenox. His grief and anxiety at the failure of his suit, were intensified by an ill-omened accident of appalling sig- nificance. On first getting sight of his destined bride, he had despatched a messenger in hot haste from Stirling to Alloa Tower to bring the picture the Italian had given him, that a comparison might be made. But the awkward varlet dropped it in the mud, and in attempting to clean the be- smeared countenance, rubbed it out. Hence those tears ; but all was well in the end. The characters of the Earl of Mar and his wife have l)een very unfavourably drawn by James, eleventh Earl of Somerville (who was not, however, a contemporary ])y some sixty years) in the MS. account of his family whicli he left, entitled a 12 HENRY ERSKINE. Mcmoric of the Somcrvilks, and wliicli was edited by Sir Walter Scott. Thus lie writes : — "John, Earl of ]\Iar, hy the death of his lady being a widow ^ marry es for his second wife Dame Marie Stewart, sister to the Diike of Lenox ; who, being of a howtie spirit, dis- dained that the children begotten upon her should be any wayes inferior either as to honour or estate to the children of the first marriage. She leaves nae meanes unassayed to advance their fortunes, how w^arrantably and justly I shall not say ; the Lords Livingston, Elphingston, Torpichen, and the present Earle of Marre, can best testify, whose estates this lady went near to have ruined, as slie wholly did that of Lord Somer- ville." The narrative of the transaction alluded to, as given by Lord Somer\ille Inmself, anything but corroborates this statement of unfair dealing, which, moreover, his editor as- serts, is not borne out by the facts adduced. His opinion is founded upon certain transactions of a very complicated nature regarding a loan of money, and the sale of Som- erville's property, including a matrimonial alliance between the families, in none of which does Sir Walter Scott think there was ground for complaint, but, he adds, much allow- ance should be made for the natural irritation of a man the patrimony of whose house had been lost to him through these complications. An engagement had been entered into for James Erskine, the eldest son of ]\Iarie, Countess of Mar, with the daughter of Lord Somerville, c(jntingent on many circumstances. The youth, who was at his studies at St Andrews, craved delay in order to complete them, and to make the usual tour of Europe. This, says Lord Somerville, was " but nicer jugling for her son, for within a few months after, he w\as married to the heiress of Luclian, and had the earldom thereof for 1 It has been noticed that this form, very conunon in old Scotch writings, properly represents tlic Latin vidnns, while vidua would lie lendered l»y the tenn '* widow- woman." 16^3 LORDSIJir OF CARDROSS. 13 her tocher."^ Though Lord Somerville says the youth was sixteen at the commencement of these negotiations, there is reason, says Mr Kirkpatrick Sharpe, to su})pose lie was in reality only nine. Of the young lady, who was Ijut fourteen, her kinsman writes : " The delicacy of her person and the sweet- ness of her disposition made her enjoy two husl)ands before she attained to the twentieth year of her age." These were, first, James, Lord Torphichen ; secondly, William Douglas of Pum- pherston. King James bore no ill-will to his friend and foster-brother by reason of the misunderstandings that took place in the struggle of the rival factions, knowing well, as he himself has written, that " We are of all nations the people most loving and most reverently obedient to our prince, yet are we (as time has often borne witness) too easy to be seduced to make rebellion upon very slight grounds." ^ The king gave letters of indemnity to Erskine to cover all bygones ; he, moreover, created for his behoof the Lordship of Cardross,^ formed from lands anciently held by his " forebears." 1 Memorie, vol. ii. p. 78. - Counterblast; Jd Icdorcm. 3 The Lordship of Cardross was formed from the Abbacies of Dryburgh and Cambuskenneth and the Priory of Inchmahome. The charter to Lord Mar in 1606 details the services of the Earl of Mar himself, and the fidelity "quhairof he and his vmq^" father gaif evident and manifest prnif and experience in thair worthie, memorable, and acceptable pan is and travellis tane be them In the edueationn of his maiesties maist royall persone fra his birth to his pfyte Age : and in the lyk notable seruice done be ye said Erie himself in the educatioun of his Iklateis darrest sone ye prince." The charter gives further reasons for the grant— "And thairwith considering that the saidis :Monastereis haue bene in all tyme heirtofoir commounlie disponit be his Ua.^^'^ predecessors to sum that wer cum of the hous of erskeyne."— ^c/fs of tJie Scottish Parliaments. The allu- sion is to Adam Erskine, Commendator of Cambuskenneth, natural son of Thomas, Master of Erskine ; and David, first Abbot and afterwards Commen- dator of Dryburgh, natural son of Robert, JNIaster of Erskine, kilUnl at Pinkie (elder brother of Thomas) from whom Ralph and Ebenezer Erskine, the famous Scotch seceding ministers, were descended. Lord Erskine's third son, John, was " Commendator of Inschemachame," and on hi>; f;ither's death (l.^r>3) was ap- pointed Governor of Edinburgh Castle. 14 HENRY ERSKINE. The charter bears testimony to the many services of tlie Erskines to the royal family, and grants to John Erskine the unusual right of conferring the title to any one of his male descendants he might think fit. Consequently, in his lifetime, he gave this dignity to his third son, Henry. The elder being heir to the earldom of Mar, and the second, James, already, by his marriage, Earl of Buchan. Marie Douglas, the young lady whom James Erskine mar- ried, was Countess of Buchan in her own right, and was in the enjoyment of the title and lands of Buchan, to which she had succeeded on the death of her father in 1601. This very ancient dignity, after having passed through many hands, and having been held by members of the royal family, was conferred by the king upon James Stew^art, second son of the Black Knight of Lorn, by Jane Beaufort, Queen of Scotland, and mother of James XL Their descendant, Christian Stewart, when her father fell at Pinkie, in 1547, became countess in her own right, and conferred the title upon her husband, Eobert Douglas of Lochleven, much in the same way as her great- OTand-dauf^hter, Marie Dou^^las, did on lier husband, James Erskine, while she was still under age, about the year 1615.^ The process, so common in Scotland in those days, one the propriety of which has been questioned, was gone through, namely, of resigning into the hands of the sovereign the dignity and lands, with a view to their being regranted with a differ- ent destination. King James had thus an opportunity of redeeming, at an easy rate, the promise made to his cousin Marie, Countess of Mar, that lier hairn should fare as well as Anne Drummond's. Thus James Erskine became sixth ^ A portrait appears in the Iconographia Scotia, 1799, wliieli it is believed, from tlie dress, &c., could only have been intended for this Countess of Buchan, attributed to the artist Peter Oliver, who flourished from 1620 to 1650. This picture of ilarie Douglas conveys the impression of a fair, round-faced girl, the ringlets peculiar to that period setting off to advantage a sweet countenance, the eyebrows a little raised and contracted, which gives a slight look of cam or wonder, not o little fasrinating. A LAST APPEAL. 15 Earl of Buclian, counting Hearty James, son of the Black Knight of Lorn, as the first of this line (as the family have always done), or first of the name of Erskine. All that is known of the fair young donor of the peerage is to her credit. Slie was beautiful, as her portrait shows, and of a gentle nature, as is evidenced by one or two letters of hers which remain. She died young, having spent most of her life in England, where her husband v/as held in high favour l)y James VI., and by Charles I. Her last letter to her mother- in-law, the Countess Marie, will, it is believed, bear out what is said of her gentleness. It appears to have been written in prospect of her death in 1628, and is remarkable from being siii'ned witli her maiden name. Froiii Marie, Countess of Buclian, to the Countess of Mar. ^'1628. " Dear Madam, — Since I [am] almost past hope ever to see your ladyship, or ever to have the occasion offered which I could have wished to have shown my thankfulness for your ladyship's many great favors towards me, I am forced to write you now, having little or no hopes of any farther time to show my desires. For I having found your ladyship's kindness and help to be great in all [which] concerned me, I must now in my greatest necessity heg your prayers for me, that I may ever continue more beholden to your ladyship than to any [one] else. I am certain I need not recommend my greatest worldly care to your ladyship, which is the well [fare] and education of my children, for I have ever found your motherly affection towards me and them, that I persuade myself that they shall never want a loving mother, as long as it shall please God to preserve your ladyship to them. I have no desire more earn- est, which I shall still pray and wish for to my last, having it in my greatest regrets that I cannot have the contentment to see your ladyship, yet I cannot be deprived of having my best 1 6 HENRY ERSKINE. wishes to your ladysliip, wliich none shall go farther in — than I, who ever is your most affectionate and obedient daughter,^ "Mapje Douglas." On the death of this lady, her son James was served heir general to liis mother that same year.'^ It would therefore appear that the estates, for some reason, must have gone from his father, leaving him dependent on a younger son's portion. Thus it happened that, ten years afterwards, the Earl of Buchan w^as necessitated to write to his mother from Paris a most pressing letter, asking for a sum of money, of which he was in much need. It is not known, for certain, what the mission mentioned in the letter was which was taking the earl to Spain. It is a family belief that fifteen years previously he ^ had, along with the Duke of Buckingham, and a distinguished fellow-countryman of his own, Archie Armstrong,'* the king's fool, accompanied Baby Charles on an unsuccessful visit of the prince to Spain, in quest of a wife. But for the date of the letter, it might have been inferred that this was the business on hand, so important a matter to Lord Buchan, and of so much interest to Lady Mar. The letter is as follows : — From Janus, Earl of Bitchan, to his Mother, the Coimtess of Mftr. "Pauis, Uh June 1638. " Madam, — My departure from England was so sudden, that I had scarce time to write that short letter I write to your ladyship. Then now, madam, ]:)e pleased to know that I have been here those three months about some of my master's affairs ; and by his command I am going within this fortnight ^ Sir David Erskine's MS., from wliich this and the other letters in this chapter are transcribed. It is to be regretted that the old form of spelling has not, in every instance, been preserved. 2 Ibid, 3 See David, Earl of Buchan, in The Ber, 18th Jan. 1792. ■» See Howell's Letters (Lnnd. 1737), p. 136. LETTER EROM PARIS. 17 to Spain. It is not pertinent for me to write more particu- larly, but if I had the honor and happiness to be with you, I would let you know what whereat I know you would ])e ^^dad of. There befel me here anc most unfortunate accident, for being asleep in my bed about midnight, I was almost burnt in my bed before I was aware. Yet I thanked God I escaped, only being a little scalded ; but my misfortune was, that the greatest part of my moneys I had for my provision I lost ; for before I could get time to save any — I think the fire was so violent, nobody could venture to save anything. Tins has put me to my shifts, so that I am forced to borrow moneys for my provision, and could have none but from Scots merchants, so that it must be paid in Scotland. If your ladyship knew the pain I am in you would pity me, for Saturday I have received letters from the king to make haste to be gone, so that of necessity I must obey, and I have no otlier remedy to l:)e ex- torcioned by our Scots merchants here. "Now madam, believe this, as I am a Christian, it stands me no less than my mine, my honor, and reputation, the repayment of those moneys, how much there shall be of it you shall know in my next; and Madam, for the favor I expect from your ladyship, I will here, before God Almighty, really and fully promise how things is, — First, that this is the last tmie I shall trouble your ladyship, or any of - my friends in Scotland. Secondly, I do here promise faithfully, that as soon as I come to Spain, with all the possible haste that can be, out of the first moneys I am to receive there (where I am to receive reasonable store), I sliall hasten those moneys to Scotland to your ladyship, or my Lord of Eothes, or King- horn,i with all the liaste that can be imagined. Yet I know my moneys cannot come in time from Spain to pay those moneys, I take here presently, at the day appointed, the failing of wdiich will lie my utter ruin and disgrace, both ^ Brothers-in-law of the writer. Elizabetli, Lndy Kin^^hnni, it wonhl n]ipear, is not mentioned in the old Scotch Pe-cragcs. B 1 8 HENRY ERSKINE. here and in Spain. Therefore, Madam, for the Love of God, and as ever 3^011 will think me worthy of the title of your Son, fail me not at this time. I liave written to my Lord of Rothes and Kinghorn, to this same effect, who I hope will join with yon for the lifting of those moneys only for one term, and I protest to God, I shall have money at you before tlie next. So dear Madam let me once again on my knees, by this favor of you, and I protest to God I shall perform all I have promised your ladyship, how the doing the business or the not doing it, is the ruining or making my fortune, and so I pray you to convey it, for I protest to God it is so, for if I were with you, that I might say, what I dare not w^rite, I know I need not fear the granting my desire. " My brother Alexander ^ knows all this to be true I have written, and I believe he will answer for the performance of all I have written. Whensoever you will do me the honor as to write to me, my brother Alexander will cause send them to me. Would to God I were but on honor with you, for I am certain it w^ould give me ane great deal of satisfaction if things fall right, as I am confident they shall, it may be I see your ladyship sooner than you could immagine, I being going so long a journey. I shall say no more at this time, only I pray God to bless you, and all your company, so I humbly rest, — Your ladyship's most faithful Son and humble Servant, " BUCHAN. " P.S. — I cannot as yet write how much money I shall take up here, bnt T tliink it will be ten or twelve thousand marks." ^ " [To tlie Riclit Honourable tlic Countess of Mar, Douager.] " ^ Colonel Sir Alexander Erskine, Conimendator of Cambuskennctli, killed by the explosion at Dunglas Castle, 1640. 2 In regard to the hidden meaning of this letter, Professor Samuel Rawson Gar- diner, the distinguished specialist of this particular period of history, has very kindly pointed out, that in the year in question, 1638, there was an underhand MARIE, COUNTESS OE MAR. 19 What mother having the necessary means could refuse to lielp her son after such an appeal ? Lady Mar, unlike her sister, Lady Huntley, wlio suffered grievously for her adher- ence to the Eoman Catholic faith, was well off: besides the property left to her l)y lier husband,^ she enjoyed a pension of five hundred pounds from King Charles. The Household book,^ pertaining to the expenditure connected with her joint- ure-lands, written l)y her steward, has been printed, and I Lady Mar's own liou.sc was in Niddry's Wyiid, lung since swept away. Many of the items in these accounts refer to lier residence at the house of Sir Thomas Hope, the Lord Advocate, whose daughter, Mary, her favourite son, Sir Charles Erskine of Alva, married. Here the old Countess was fre- quently lodged, and here she died on the 11th August 1644.^ The house is almost opposite St Magdalen's Chapel in the Cowgate, and may easily he recognised l)y the quaint motto over the door — tecvm iIxVBITA, and the date, 1616. ^ Charles Kiikpatrick Sliarpe, u descendant of tliis lady, and of Sir Charles Erskine, would have admired her more had her views been as distinctly Royalist as his own. Thus he writes: "Had the lady (my great-grandfather's grand- mother) been IMiss JMary Stewart, or Mrs Erskine, I should have cared very little about it [her autograph] : for her good qualities were not proportioned (as is generally the case) to her rank. She basked all her life in the beams of royalty, with a pension from the Crown, and yet cultivated the Kirk, and hounded out her whelps to bark and bite in favour of the Solemn League and Covenant ; a ! So much for my Lady Marie." — Letter to Mr Gibson Craig in 1828. For all that, Mr Kirkpatrick Sharpe took the trouble to execute tlie pretty etching from the portrait of the Countess of Mar, which adorns this book. 2 2 HENKY ERSKJNE. CHAPTER I. I'ART II. LORDS OF CAHDROSS STEWARTS OF KIRKHILL PERSECUTION OF HENRY, THIRD LORD CARDROSS LETTERS DAVID, FOURTH LORD, AND FRANCES FAIRFAX SIR THOMAS BROWNE LETTERS COLONEL GARDINER AND LADY FRANCES ERSKINE. It is unnecessary to follow this line beyond the son of James, sixth Earl of Buchan, seeing that in the second gen- eration after him it failed with WilKam, eighth Earl. He, a supporter of King James, died a x3risoner in Blackness Castle, without having been brought to trial. It is remarkable that wliile nearly all this line were strongly attached to the for- tunes of the Stewart family, down to the date of the Kevolu- tion, the last Earl having actually taken up arms in the cause, the descendants of Henry, Lord Cardross, the next son of the Lady Marie, Countess of Mar, to which branch of the family the Buchan peerage now diverted, were equally distinguished for their devotion to the Whig side of the question of Government. Henry, styled first Lord Cardross, third son of the Lord Treasurer, sat in Parliament in his father's lifetime in accord- ance with the right granted to Lord Mar of assigning the Lord- ship of Cardross to any of his male descendants he thought proper. He married the only daughter of Sir James Bellenden of Brousfhton, sister of the first Lord Ballenden. Their son David succeeded as second Lord Cardross. He STEWARTS OF KIRKJIILL. 23 was one of the Scottish Peers who protested against the de- livery of King Charles I. to the English army in 1G4G, an incident which was brought to notice when the son of this lord was suffering grievous persecution in Charles the Second's time. The Stewart cousins in England were no less loyal. The Duke of Lenox and Richmond called his three brothers to aid King Charles ; they all fought at Edgehill, where George, the eighth Lord d'Aubigny, fell ; Lord John died after the action at Alresford, and Lord Bernard, commander of the King's Guards, was killed at Eowton Heath. Lenox himself offered his life for that of Charles, his kinsman.^ David, Lord Cardross, married Anne, daughter of Sir Thomas Hope of Craighall, King's Advocate ; and secondly, a daughter of Sir George Bruce of Carnock. Henry, the eldest son, succeeded on the death of his father in 1G71. This Henry, third Lord Cardross, was one of the most notable of the opponents of Lauderdale's high-handed administration; this brought down much evil on his head. He married Katherine, second daughter and ultimately heiress of Sir James Stewart of Strathbrock (or Uphall) and Kirk- hill in Linlithgowshire, to which estates she succeeded, when her husband took the additional name and arms of Stewart on that account.^ 1 See Lloyd's Mmis., pp. 194, 236. 2 The little that is known of the family of Stewart of Strathbrock and Kirkliill, is to be found in a somewhat rare book entitled A Slwrt Hist, and Gen. Account of the Royal Family of Scotland, ut a far more remarkable circumstance in respect of this Lady is, that she was a grand-daughter of the author of the Lcligio Medici, her mother, Anne ]3rowne, being liis eldest daughter. ]\Ioreover, there is every reason to Ijelieve that, seeing there was, so far as can be learned, no descendant of Dr Edward Browne, who would have been heir, the representatives of the famous Sir Thomas Browne of Norwich were this Frances Fairfax and her Scotch descendants. In a supplementary cliapter to Sir Thomas Browne's Ijiog- raphy, there is this singular statement : " It is very remarkable that although Sir Thomas Browne had forty children and grand- children (including those that were so by marriage), yet in the second generation, within thirty years of his decease, the male line became extinct; in the third generation none survived their infancy, excepting in the family of the eldest daughter Anne, of whose eight children none left any descendants but the third daughter, Frances Frcirfax, married to the Earl of Buchan." ^ There are many letters of this lady remaining, chiefly ad- dressed to her husband, all of a description most edifying. '* Ye fair married dames, who so often deplore That a lover once blessed is a lover no more," would do well to study.the sweet and loving letters of Frances, Lady Buchan, to her liusband. It is a duty to offer a speci- men or two. Fiwn Fmnccs, Countess of Buchan, to her Ilnshand. " Carinne,- Thursday Night. " My dearest Life, — I was exceeding glad you got safe to Edinburgh, for indeed I was in great fear all the day, knowing ' Supp. Mem. to Life of Sir Thomas Brovmr. l^ohu's l":d. vol. i. p. xvi. - Carriden. on the Firth of Forth. 36 HENRY ERSKINE. how bad the road is, and lioio many rogues are loa^iclering ahout the country. Pray, my dear soul, continue if possible to come home on Saturday, for tho' you went but yesterday, I find myself already worse. I hardly shut my eyes two hours last night, but the little time I slept I dreamt you was angry, and would not speak to me ; and if you do not write by Friday's post, I shall conclude my dream proves true. " My dearest, I desire you would not forget to send to my Lady Semple's for the receipt-book and other things ; and pray bring me out some cut paper along with you. My love, I thank you for 3^our ceremony in excusing yourself for writ- ing in that bit of paper. I suppose it was to fill up room, having nothing to say to me besides. You must not take my jesting ill, but believe me that I am, my dearest life and soul, your most affectionate and most obedient "Wife, "F. BUCHAN. '' F.S. — Pray my humble service to my lady, my sister, and Mrs Edmonstone does the same to you. Your pretty little girl is quite well, and plays and laughs delicately. "[For the Earl of Buchan, at my Lady Cardross's, at tlie foot of Niddeiy's Wind, Edinljurgh,] " " KiRKHiLL, June ZOth, 1699. " My pretty creature, — I received your letter at 9 o'clock last night, and would have writ to you then, but could not hear of anybody that v/ent to town. I was very sorry to see by yours that I should not see you till Saturday night, which was indeed a great while for me to be without you, who am so impatient for your return. I have sent your horses as you desired. Pray, my dearest, have a care of yourself, and ride softly, for there is notliing worse for you than hard riding. We have one Mrs King here ; she came yesterday night ; her husband was executed.^ I suppose you know her. The Laird ^ See p. 29, ante. LOVE-LETTERS. 37 of Duddino'Rtono was here this afternoon, lie had l)een at liinney's^ child's christening. It is a boy, you know. She had a girl about the time Ketty^ was born. I wish, my dear, we may have as good luck as she had. Ketty's nurse was here to-day, and you never saw anything so fond as the cliild was of her. She cried and tore herself extremely when she went away. The coach-horses went yesterday to Cardross, and last night the covering was stole off the coach, and we were afraid they would have cut out the lining ; but it is more to be feared they will go to tlie goods that lie in tlie barn ; being so far from the house, they may take more time in conveying them away. Jervis March had all tlie houses in Broxburn serched this morning for it, but found it not. . . . I suppose you have heard of a boat that Mr Pain has, he that was my uncle's prisoner, has invented, and they say has been upon the water. He says it will go to New Scotland in . . . days, and that it will fly like a bow out of an arrow (sic) ; and that it has one property better than all the rest, which is, that it will never be drowned, for it can never sink, and that it will sail as well against tlie wind and tide as with it. ... I shall now conclude, being to see you to-morrow, and then I hope I shall keep you sometime to myself; for since we came to Kirkhill, I really believe you have not been with me an in tire week together. I have no more to say at present, but that I am, and ever shall be, your most aftection- ate and obedient Wife, F. Buchan." ^ 1 Stuart of Biiiny, Linlithgowshire. " Lady Katherine Fraser. ^ If ever there was a love-match, one would say there is evidence here of this couple having made one. Yet there is before me a note in the handwriting of Charles Kirkpatrick Sharpe, a lover of such bits of family gossip, bearing upon the history of their courtship, whatever the facts may have been: "Jan. 27, 1698. Sir John Cochrane (of Ochiltrie) having assisted the Earl of Buchan to a great match of an English heiress, who had £10,000 sterling of tocher, as i->rax- aneta in the case, he got a bond of £1000 sterling if he were able to effectuate the marriage, and having charged the earl, he gave in a bill of suspension on this reason, that, having found himself overreacliod, iind tlic marriage having taken effect witliout Sir John's interception, he had taken tlie all'air before the 38 HENRY ERSKINE. A letter dated "Windsor, Xov. 17, 1704, from Mrs Lit- telton, a daughter of Sir Thomas Browne, follows in this series, but is too long for insertion here.^ The contents ap- pear to ex]3lain, in some sort, why so many portraits of the Brownes are to be found in the possession of the Erskine family, and now at Ammondell, their seat in Linlithgowshire. If, as seems certain, Frances Fairfax was heiress to her grand- father, certain " goods " (probably, including these pictures) which Mrs Littelton wishes may be kept safely for her niece were, possibly, part of her inheritance.^ In the year 1729, David, ninth Earl of Buchan, held the ofhce of Lord Hio-h Commissioner to the General Assembly of the Church of Scotland. It would seem that this appointment was the cause of no little heartburning in those days. This we gather from Wodrow's Analecta, where the final triumph of Lord Buchan oyer Argyle and his brother Islay is described, (yol. iv. p. 43.) The birth of the next earl is thus recorded : " At Edin""- on the 17 April l7lO my Lady was deliyered of a Son that was called Henry Dayid, the former of that name being dead, and Judges at Westminster Hall, &c. In England Sii- John's bond was declared void and null — one granted oh turpem causam, and for an unlawful paction. Sir John restricted his bond to £600 sterling, as his true expense in attending that affair in London. See Fountainliall for this curious case." ^ See Appendix No. II. 2 Besides the beautiful portraits by Sii- John Medina of Frances Fairfax, in which she is depicted with a tall, slight, and gi-aceful figure, dark, and with an exceedingly gentle expression ; and of her husband, a handsome young man in armour and flowing pernique, there are to be found at Ammondell paintings of what must have been nearly the whole of Sir Thomas Browne's family. There are besides an excellent picture of the good old physician himself, " Dr Edward Browne ;" "Mrs Lyttleton, aunt of the Countess of Buchan ;" "Anne Browne," her mother, kc. ; also "Henry, son of Viscount Fairfax," grandfather of Frances; "The Wife of Henry Fairfax;" and lastly, there is a quaint little picture on panel, entitled, " Henry Fairfax, brother to Frances, Countess of Buchan," a chubby little infant, reclining in a very elaborate robe. In the backgrouml, through a doorway, is seen a black figure, something like a satyr — probably emblematic — regarding the child. Had this infant lived, Frances Fairfax could not have been described as heiress to Sir Thomas Browne. COLONEL GARDINER'S VISION 39 this being a favorite name, made it l)e so often repeated. Tins child's title my Lord clianged from Auchterhouse (the second title of the Earls of Biichan) t() Cardross." Lord Buchan's second daugliter, Lady Frances luskine, mar- ried the celebrated Colonel James Gardiner, a gallant soldier, and high-minded Christian gentleman. There is no incident of Scottish history better known tlian the circumstances of this good man's death at I'restonpans. Yet in his time tliere were those who did not, apparently, care for his very decided religious views. Dr Carlyle of Inveresk, who knew him, as did his father, con- sidered Cardiner an entliusiast, a weak man, and inclined to religious ostentation,^ with regard especially t(3 the remarkable manner of his conversion, some details of which, as given to his father by Colonel Gardiner, Carlyle states, differed from those recorded with such precision by Dr Doddridge. The latter writer, however, states distinctly that Colonel Gardiner was unwilling to give a full description of the extraordinary scene to unsympathetic listeners. At all events it is unquestionable that Colonel Gardiner Idicved that he saw a blaze of light fall upon the book he w^as reading, and heard a voice speaking to him. Whether the book was Watson's Christian Soldier, as stated by Doddridge,^ or Gurnall's Christian in Convplctc Armour according to Carlyle, certain it is, that from being a man of dissolute life, he then began, and for the rest of his days continued, the godly career for which he is famous. It should be remembered that both Carlyle and his father were leaders of the " Moderate " party, whose aim was to cleanse tlie Church from the intolerance and bigotry which it was alleged at that time characterised one section of it ; conse- quently they were impatient of anything that savoured of fanaticism, or " high-tlying," as the phrase went. Lady Frances (Francissa of the elegy on her husband), is spoken of as a " lively little woman, with a very numerous ^ Autohlography of Carlyle. " Some Remarkable Passarjca : Loiul. 1781 : p. o3. 40 HENRY ERSKINE. progeny." ^ Of his wife Colonel Gardiner said, " That the greatest Imperfection he knew in her character w^as, that she valued and loved him much more than he deserved." She was the friend and patroness of her neighbour, the Eev. Eobert Blair, minister of Athelstaneford, author of The Grave, also a correspondent of Dr Watts and Dr Doddridge ; and when George Whitefield came to Scotland, Lady Frances Gardiner and the rest of the Buchan family were amongst the foremost to welcome him. Her ladyship appears to have been the medium of opening a correspondence between Blair and Dr Doddridge on the subject of The Grave. Lady Katherine Erskine married William Eraser, Esq., of Fraserfield, in Aberdeenshire, the name of which w^as after- wards restored to Balgownie, as it was formerly called. The earl, their father, continued to live in the Minthouse in Edin- burgh, along with several of his brothers and sisters. On his death his family removed to a house at the head of Gray's Close in the Hioh Street.^ Katherine, Lady Cardross, still lived in tlie house which had been her husband's in Niddr^^'s Wynd. After his death she had built, as a residence for herself, Uphall House, within a few yaids of the parish church, the house now occupied as the manse. The following letter is addressed by Lady Katherine Eraser to her brother, Henry David, after he had succeeded to the earldom. It is interesting as showing the pride that was justly felt by the family in their relationship to Colonel Gardiner. 1 One of these, Frances, married Sir William Baird of Saugliton, Anotlier daughter, named Richmond, was the subject of Sir Gilbert Elliot's song, "Fanny- fair, all woe-begone." Slie herself was the authoress of Anna and Edgar ; or, Love and Ambition. A Tale. Edinburgh, 17S1. 2 On the 10th September 1810, Lord Erskine wrote to his brother: "Having found that our grandfather, David, Earl of l^uchan, was buried in Hampstead Church, as appears by the register in 1745, I have thought it light to direct a black marble stone, with the family arms at top, to be erected to his memory. Do you know the day of his birth ? I have the day of his death and l)urial. " Lmd Campbell gives the inscription in his Lives of the Chancellors. 4 SOBER REGIMENT. 41 " AiJEiiDEKN, Jamj. 8, 1733. " My dear BilOTiiEE, — I wrote you by the last Post, and now tliis comes to you by Mr Gordon son of Sir James Gor- don of l*ark, and nepliew of Mr Fraser. I liave sent five ^ . . . My nephew, Johny Gordon, will be fond to be allowed to wait on you sometimes, he is a stranger in Edinburgh and but young, and I have a great concern about him, he was mucli with me when a boy, and had nnicli good about him ... he goes up with the design to list himself to serve in the Army as a Cadet, and would incline to be in a good Eegiment, such as my Lord Stairs, and indeed I would heartily wish him there because I have a great concern for him and it will be a great advantage to him to be under Colonel Gardiner, who keeps his Regiment so sober.- I design to write to the Colonel to re- commend him to him, but I believe yours will go as far with him as anybody, and I hope if he falls in so good hands he may make a fine young man for he is good tempered and has a great deal of honor about him. " K. Anne Fkaser." Of Henry David, tenth Earl, to whom this letter is addressed, and of his wife, the beautiful and acccomplished Agnes Steuart, of Goodtrees, more will be said in the next chapter ; and in due course, much more of their children, David, eleventh Earl of Duchan, and of the two great lawyers, Henry and Thomas Erskine, of the pious and large-minded Lady Anne Agnes Erskine, and of Isabella, the last Countess of Glencairn, who ^ Illegible. Supposed to be pairs of Ahcrdccn hose. 2 " 1725. I have a very pleasant account of Major Gardiner, fonnorly :\laster of Horses to the Earle of Stairs, and nou lately, on the death of :Major du Curry, made Major of Stairs' Gray Horse [Scots Greys]. He seems to be one of the most remarkable instances of free grace that has been in our time. He is one of the bravest and gallantest men in Brittain, and understands military aflairs exactly well." — Anahda, vol. iii. p. 198. 4T HENRY ERSKINE. inherited no mean share of the beauty and intelligence charac- teristic of this family. If it be conceded that the feelin]e of Fordel, fifth son of Sir John Dalrymple of Cranstoun, Bart., married in 1754 Lady Helen, youngest daughter of Ya\v\ of "Wemyss, and sister of Lady Frances Stcuart. PICTURES BY rilK WAY. 55 and ([iiarelcd willi tlic woman lliat made tlicni, and .she scolded him like a tinkler; lie l)espoke a sute of Idonds in a shop, and went oil' without taking them. In short, he went upon the supposition that, as he was an Englishman, he was supposed to have so much money, that he was to be imposed upon in everything ; whereas, the peo2:)le of this country have as much dealings with the English as with anybody whatever, and deal very much in the Englisli way, at a word, that is, tlie folks of any business. But there are some folks who gather so much wisdom' and experience more than they have use for, by being abroad, that they cannot carry it all, and therefore jmrt often with the useful to keep the superfluous, or else the superfluous renders the rest useless, which I am afraid was the case w4th the Captain. They lodged in the house we had when we came first ; but all the complaints of hunger, cold, and ill-service and imposition, were made to me upon that house." Mrs Calderwood adds, that in her experience " all the British are more or less rec-hraincd when they come abroad." Another little incident connected with Captain Hew ^\i\\ suffice : " ' I said, when I went in [to the Brussels theatre], that it was a very neat house, but small,' at which Captain Hew took me up with a very great sneer. * Small,' says he ; * Madam, do you know it is as big as the play-house at Drury Lane ? ' ' Eor that I sliall not say,' answered I ; * but it is very little bigger than the one at Edinburgh ' — at which he gave a prodigious laugh. ' The Scots folk,' says he, ' are so nationall, that they expose themselves by it when they come abroad.' ' I have seen notliing, since you will have it, to make me otherways yet,' says T ; ' I think it shall not be to the city of Bruxells tliat our country need to yeild in building; and in stone and Hme, and good will to use it, it need to yeild to none ; and I will lay you any wadger tliat it is not six foot every way larger than what I say ; but, if anybody here is to be imposed upon by ornament and novelty, 56 HENRY EKSKINE. it should be these chikh-en/ says I, ' and not the like of you, and I refeiT to them, wlio has seen the other.' They both declared, that when they looked up, it appeared larger ; but when they looked down to the arrea of the pit, it was no larger. ' Does not that show you,' says I, ' that the eye is deceived by the height of the roof ? for, when that is not seen, the true dimensions appear. But how much do you think, then, it is larger ? ' ' Oh ! ' says he, * forty foot.' * Forty foot ! ' says I ; ' you are well qualified to build a house indeed ! JSTeither of the two is anything like forty foot.' I was so inraged to hear an old idiot speak such nonsense, that I w^as resolved to have the dimensions of both taken to confute him ; for wdiich reason you will get me that of Edinburgh, from my Lady Breadalban's box to the Dutchess of Hamilton's, and from the front of the stage to the front box, that I may compare them ; and likeways the distance from one door of the stage to another, as I have made a guess of this by the curtain. It is made of a red stamped English stuff, which is scrimp three- quarters wide, and there are ten breadths in it, which makes about nineteen foot." ^ A charge has been brought against both Lady ]\Iary Wortley Montague and Mrs Calderwood of a want of delicacy in certain passages in their letters. Lady Frances Steuart has, here and there, noted in her friend's letters that a few lines have been erased. In truth, she might have erased a few more with advantage. This, however, was, in the case of botli ladies, a fault more chargeable upon the times than on the individual writers. When we, in letters such as these, come upon expressions wliich cause us to open the mouth of aston- ishment, it should ])e remembered that it was an age in which Fielding's novels were read by tlie young, and Mrs Aphra Behn's stories were favourites with the old — in wliich the plays of Congreve, Wycherley, and Vanbrugh could be wit- nessed on the stage, we may presume, with a calm countenance. ^ Coltncss Collection passim. DREGS OF IJIE PERSECUTION. 57 So far as Mrs Calderwood is concerned, it may he said that ]\Ir Dennistoun, the editor of tlie CoUness Papers, is ahnost too careful in his apologies for lier in this respect. It will he found that what is complained of is, in reality, little more tlian the use of one or two homely old Scotch words, wliicli, while they clearly convey her meaning to her daughter — her letters were never meant to be printed — can do no possible harm to any one. Can so much be said for the productions of many of the ladies who write at this hour ? A striking peculiarity of these letters may be noted as, also, attributable to the times, as much as to any fault in the writer. That is the intense bitterness of expression which IMrs Calderwood permits lierself to employ with reference to everything connected with the Eoman Catholic ritual, with much of which she became acquainted, probably for the first time, while abroad. Her remarks, it cannot be denied, are sometimes cliaracterised by extreme bad taste ; so much so, that the careful editor of the CoUness Papers has judiciously exscinded the greater part of them. Here, again, it should Ije borne in mind that these letters were not originally intended to be read beyond the family circle. Also, we should remem- ber that Mrs Calderwood was separated from the Covenanting period, in wliich her forebears had suffered severely at the hands of that " inexpugnable loyalist " Lauderdale, by only a single life. It is only by so doing that one can, in any degree, understand the malignity of expression in wliich she, other- wise a kindly gentlewoman, indulges. This fact throws light upon the state of thought prevalent in that age, and shows that the rancorous feelings of the "killing time" were anything but extinct, even amongst the most cultivated, in the middle of the century immediately succeeding that memorable period in our annals. During Sir James Steuart's period of banishment, Elizabeth Steuart, Lady Buchan's younger sister, commonly called in tlu^ family, and out of it, " Aunt r)etty " — an excellent specimen of 58 HENRY ERSKINE. that thoroughly Scotch mstitution, the maiden aunt — had also gone to attend her brother, when, in 17G2, while he was in daily expectation that his recall to England would reach him, he had been suddenly seized, under a Idtre dc cachet, and conveyed, in defiance of all rule, to the fortress of Givet in Charlemont. His outspoken frankness had exposed him to suspicion. Also he was compromised, it afterwards turned out, by certain mys- terious MSS. found in his house. It was long after, when on the conclusion of peace he was allowed to return to his own country, that these objectionable documents, which had so troubled the serenity of the Due de Choiseul, were found to be certain Scotch songs with which their cook, Maudie, had been wont to solace herself during her exile in a strange land. Aunt Betty shared the misery of the French prison with her brother, while Lady Frances hastened to England to represent to the English Government the outrage that had been com- mitted. This excellent lady, Elizabeth Steuart, the much- loved "Aunt Betty," held such a place in the affections of her relatives, and was withal such a strong character, that some further notice of her will be given in due course. It was not till about the time that the Buclian family were removing to England, that Sir James Steuart was tacitly per- mitted to return to his own country, wdiere he became dis- tinguished as the author of a great work on Political Economy,^ perhaps the earliest exposition of that science in this country, as well as of more than one book on Coinage. Goodtrees,^ to which Lord Buchan and his wife frecpiently removed during the absence of Sir James Steuart abroad, had formerly belonged to the Somerville family. The much-per- secuted Provost Steuart, father of the Lord Advocate, and friend ^ An Inquiry into the Principles of Political Economy : Lond., 1767. A work largely quoted towards the end of the last century. Conf. Letters to tlw Peers of Scotland, by the Earl of Lauderdale : London, 1794 : pp. 87-89. - Goodtrees, now called Moredun, is situated a little to the south of Ediu- GOODTREES. 59 of ])iyli()]) Lei^^lituii, had {icqiiired it by marriage witli liis second wife. Tlie fact that the pro])erty liad come into tliis family, as liad Coltness, was suliicient to arouse afresli ill-feeling in the heart of James, Lord Somerville. Eeaders of his Mcmoriv, the prolixity of which Sir Walter Scott says has hardly ever been e(_[ualled, are wearied ])y the constant reiteration of the names " Gilmerton, Gutters, and Drum." Could the poor disinherited lord have seen the day when the descendants of the detested Lord Treasurer Mar, and of the despised Sir James Steuart, should, together, occupy the place of his forefathers at Goodtrees, it would have been suf- ficient to make him wallc} While Henry Erskine and his elder brother were here, they enjoyed the great advantage of the friendship of the well- known Sir Alexander Dick of Prestonfield, the distinguished physician, a near neighl)Our, and a distant relative.^ Here, in the curiously-laid-out Dutch gardens of this pretty place, the boys amused themselves with the same quaint gods and god- desses (especially the leaden Bacchus) which were made to spout, and afford entire delight, as they did in Henry Cock- ^ The great Saltfoot controversy, it is feared, is almost forgotten, tliough it ruffled society some sixty years ago. Thus it arose. Lord Somerville, in his Memorie, apparently for reasons similar to those in the case of the Earl of ^lar, allows himself to make certain remarks derogatory to the Steuarts of AUanton, from whom Provost Steuart of Coltness was derived. Their ancestor, he says, had, in the sixteenth century, been nothing more than a feuar of the Earl of Tweeddale's, in the parish of Cambusnethan, and that until his time (1680), none of the Steuart family had ever sat at the Somerville's talde above the saltfoot, which " for ordinary, every Sunday, they dined at." These statements were challenged by tlie author of the Hist, of Renfrewshire. IMr John Riddell, the famous anti- quarian Avriter, replied in the fifth number of IJlackwoocVs Magazine. Happily it is not necessary to settle the point here whether the Steuarts of AHanton were only " rentallers" of the See of Glasgow, or descendants of Sir John Steuart of l>onkiIl. The discussion was carried on witli great acrimony on both sides in the early numbers of Blackwood, and afterwards reprinted. - The Dicks of Prestonfield weic descended from a common ancestor with the Erskines — namely, William Stewart of Rosyth, father of Sir Lewis Stewart of Kirkhill. 6o HENRY ERSKINE, burn's time, many years afterwards. Earl David writes that it was at Prestonfield that tliey became acquainted, though still but boys, with several of the most remarkable men of that time in Scotland — among others, Allan Eamsay, in the Very last years of his life, David Hume, and Home, the author of Douglas, from whom, and from their aged host, they possibly imbibed their first impressions of literature. Nothing is more striking in the history of the three brothers than the strong love wdiich existed between them, whether as boys or men — a fact in no whit contradicted by the record of boyish quarrels, some of which, as the following instance, are related by Lord Buchan. " In a small room over the stables (at Uphall) passed the early education of Henry Erskine and his brothers, under a tutor called Buchanan.^ On one occasion a violent squabble occurred between Lord Cardross and the two young ones ; he called out, ' When I am Earl of Buchan, I will turn you both out of this house.' On which Thomas answered, * That you shall not, for I will kill you first,' and he threw a heavy slate at him. Luckily the slate missed its mark : but the amiable intention did not hinder the brothers from being excellent friends through- out the rest of their lives." The room in question is still pointed out, and has an interest for the people of that neigh- bourhood from its connection with the youth of these remark- able men. About the year 1760, it seems to have been, that the family removed to St Andrews, on account of the younger boys' university education. Here, as in Edinburgh, Lady Buchan's house became the centre of a pleasant circle of friends, her attainments eminently fitting her for the society of a university town ; while Lord Buchan was well known, and equally commended himself to another set, as a standi supporter of Presbytery. The traditions of his house, as well as his relationship — though only distant — with the " godly ^ AfLerwaids a professor in llic Glasgow University. '' ir/f/STLE BINKIRr 6i lu'skiiies," Iial[)li iind P^beiiezer, llic fiiiiioiis DisseiitiiiL;' iiiinistLTs, wlio, some Hve-aml-tweiity years before had seceded from the Kstablished Church, seeking a model nearer to tlieir ideas of Christian perfection — marked liim as a representative man of the then okl-fashioned scliooL Amongst those who sympathised with Lord Buchan in his devotion to the Church, and who were attracted to him accord- ingly, was a noted character of St Andrews, a poor " natural " called " Whistle Binkie," one of these harmless creatures wlio, somehow, were wont at one time to appear in almost every narrative of Scottish provincial life. Perhaps they are better cared for now. As was not uncommon in such cases, this unfortunate had a passion for sermons and Church mat- ters, as well as a large share of cunning, or sagacity of a certain sort, a proof of which was that he attended every Sabbath-day at Lord Buchan's house, where he was sure of a welcome, a good dinner, and the chance of a little Church talk. The Sunday was to him a day of rest, the only one in wdiich the " laddies " cease from troubling ; for during every lawful day their pleasure was to persecute him wellnigh to the point of distraction, if the poor creature had not already passed that stage. One Sunday, after the usual hospitable treatment, the earl, who was a " conversable " man, met him and said, " What for are ye looking so sad the day. Whistle Binkie ? " He replied, " Weel, my lord, tlie Almighty asked me just the same question yestreen, saying unto me, ' Wliistle Binkie, why art thou so cast down ? ' And I answered and said, ' Because they have thrust me out from the Presbytery of St Andrews, neither will they suffer me to enter therein.' And the Lord said to me, ' Be not thou cast down on that account, Whistle Binkie, for I, the Lord, have been striving to get into the Presbytery of St Anilrews this forty year, and I \va\\^ never won in yet.' " It is added, somcwliat unnecessarilv, tliat neitlier juxir 62 HENRY ERSKINE. Whistle Binkie, nor those who repeated tlie story, had the remotest idea of irreverence in their minds. An ohl servant of the family, at this period, is thus men- tioned. " Lady Buchan had a housekeeper who regulated all outgoings very rigidly, and called forth the indignation of the boys by often telling them, when some dainty dish was set upon the ta])le, ' Noo, boys, ye're no to tak ony o' yon ; I've just sent it up for lo'e o' my lord.' " This frugality on the part of the old housekeeper was probably the cause of the following effusion from the pen of Thomas Erskine, the first specimen extant, it is believed, of those " Threadpaper PJiymes" for wliich the Lord Chancellor enjoyed a certain amount of fame — ■ '' Ptapa is going to London, And what will Ave get tlien, oh ! But sautless kail, and an old cow's tail, And half the leg of a hen, oh ! " Lord Buchan seems to have entertained tlie idea, not un- common in that age, of the use of the disagreeable, as a salu- tary discipline for young people. Whatever was disagreeable must be right. AVithout doubt some notion of the mortifica- tion of the flesh lurked at the bottom of the theory. At all events " the children disliked veal, so xeal was ordered every day as part of their dinner, for a long while." It is added, with some shrewdness, " perhaps the tendency towards over- indulgence shown l)y these children themselves when they became parents, was in some measure to be traced to the over-strictness in such small matters with wluch they had been brought up." On the Erskine family settling at St Andrews, Henry and his younger l)rother,^ being too young to join any of the college classes, were sent to learn the rudiments of the Latin tongue at the school of a very worthy man, Richard Dick by name. 1 It is next to certain that Thomas Erskine never was at the High School of Edinburgh, far less r?//,r,— See Dr Steven's Hid. of the High School, p. 134. SCHOOLING AT ST ANDREWS. (>i This fact is roconled by a sclioolfellow of llicirs, and aii especial friend uf Henry Erskine, Andrew iJuncan, wIkj Ih^- canie afterwards a professor at tlie University of Edinburgli, and somewhat a " character." He took the utmost pride in the friendship of Mr Erskine, and h)st no opportunity of re- ferring to their intimacy. Under the title of Ludes Apollinarcs, Professor Duncan in- stituted certain gymnastic sports, consisting of golf on Leith Links, swimming, &c., amongst his medical brethren in Edin- burgh. In the capacity of scribe to these " filii JEsculapii," he produced from time to time Carmina Bariorum Macaroni- corum, as he styled them, one of wdiich is a history of his own life,-'- in doggerel rliyme. Such as it is, tliis poem is the authority for the statement of Henry Erskine having joined a juvenile school in St Anilrews, before his entry on college life. Mention is made of " Good Dick a teacher imich respected Boys from all c|iiarters had collected, And by the powerful aid of taws Enforced pedagogic laws. . . . It will then suffice To name a few whom I much prize, Erskincs, a couple precious more Than Britons ever saw before," kc. " Of all my schoolfellows," adds Duncan in a note, " my earliest, my most intimate, and most affectionate friend, was the elder brother, the Hon. Henry Erskine. My friendship with him commenced when we beo-an together to learn tlie rudiments of the Latin tono-ue at Dick's school." ^ o Henry attended the liumanity and mathematical classes, ^ Fragment of tlie Life of the Scrihus Prcctor. convent u.^ gymnastici fiUorum jEsculapii institutus Edin. 1770, ad celeb, liulorum Appolinarium. ^ He names one or two others of their class-fellows at Dick's, who afterwards became men of some mark ; Smyth of ^lethven, their senior, Alexander Mao- donald, who afterwards became Lord Macdonald, and liis brother. General Mac- douald, &c. His Carmina are dedicated to Henry Erskine, and to his inthi- ence he owed his professorship. 64 HENRY ER SEINE. taught by Morton aiul Gregory respectively. His and his brother's instructor in natural philosophy ^ was Professor Wilkie, " an odd creature, a great friend of Lord Buchan. He was A'ery fond of tlie boys. "When they were recovering from scarlet fever, he visited them in bed, and, to amuse them, began an astronomical lecture, illustrating the motion of the earth on its axis, by twisting himself round on one leg of his chair ; the chair slipped, the earth was precipitated under the bed, where its sudden arrival occasioned excessive disturbance, and the lecture closed amidst roars of laughter." This Professor Wilkie was well known to be absent-minded to an extraordinary degree. Henry Erskine used to relate, that on one occasion Wilkie met in the street one of his former pupils. " I was sorry, my dear boy," he said, " to hear you have had the fever in your family ; was it you, or your brother, who died of it ? " " It was me, sir," was the reply. " Ah, dear me, I thought so ! very sorry for it — very sorry for it." Professor Wilkie's name was at one time in common talk in connection with the great work of his life, the Epigoniad, which his friend David Hume considered " a most sini^ular production, full of sublimity and genius, adorned by a noble, harmonious, forcible, and even correct versification," and thus describes the Epic in a letter to Sir Gilbert Elliot of Minto, dated 3d July 1757. Hume foresaw the time when this great 1 Lord Campbell mentions that no trace of Thomas Erskine's name could be found on the books of the University, as liaving matriculated, though Sir David Brewster ascertained that he attended the mathematical and natural philosophy classes of the professors mentioned, during the session of 1762-63. The name of Henry Erskine, however, appears on the books of the United College of St Salvator and St Leonard, where he matriculated as a student, February 20, 1760. I am indebted for this information to the courtesy of Principal Tulloch. "When Thomas Erskine — after his naval and military service — matriculated at Trinity College, Cambridge, in 1776, he was described as a former student of Dick's ; "in academia Sancti Andrew sub prsesidio Magistri Dick," the form ran. Richard Dick appears to have been advanced to the dignity of Professor of Civil History in the United College of St Andrews in 1762. PIGEON V. EPrC. 65 work would render interesting every detail of the author's life. So, he describes to his correspondent the manner in wliicli the work had been produced, as singular as the poem itself. " You know," he writes, " he is a farmer's son in the neigh- bourhood of this town [Edinburgli], where tliere are a numl)er of pigeou-liouscs. The farmers are very mucli infested with the pigeons, and Wilkie's father planted him often as a scare- crow (an ofHce for which he was well qualified) in the midst of the fields of wheat. Tt was in this situation that he con- fessed he first conceived the design of his epic poem, and even executed part of it. He carried out his Homer with him, together with a taljle, a pen and ink, and a great rusty gun. He composed and wrote two or three lines till a flock of pigeons settled in a field, then rose up and fired at them, returned again to liis former station, and added a rliyme or two more till lie met with a fresh interruption." But, alas ! in spite of Hume's defence of tlie poem in the pages of the Critical Review, it has l^ecome so utterly forgotten, that Pr Hill Burton, in dealing with this part of Hume's correspondence, found it necessary even to explain what the title of the poem means ; that the allusion is to F^TTLyovoL, descendants — namely, the successors of those war- riors who had been slain at the first siege of Thebes ; wdiose. exploits are celebrated in the epic something in tlie style of Pope's Iliad. During the whole of 1762, and part of the following year, the two younger brothers seem to have carried on their studies togetlier at St Andrews, good work being mingled with much fun and frolic. We read of Latin, mathematics, natural phi- losophy, English, " Livy and French " being attacked by these lads, which shows that they had the means of an excellent education placed before them. A very interesting letter, writ- ten by Thomas Erskine to liis elder l)rotli('r, tlien in Kdinburgli, shows very graphically the sort of life lie and liis brother Henry led at this period : — E 66 HENRY ERSKINE. ''Augitst 11, 1762. " My dear Brother, — I received your letter, and it gave me great joy to hear tliat you were in health, which I hope will always continue. I am in my second month at the dancing-school. I have learned shantrcius} and the single lionvpi-pc, and am just now learning the dovMc Iwrnpipc. There is a pretty large ^N'orway ship in tlie harhour. The captain took Harry and me into tlie caliin, and entertained us with French claret, Danish biscuit, and smoked salmon ; and the captain was up in the town seeing papa-to-day. He is to sail on Friday, because the stream is great. Yesterday I saw Captain Sutherland exercise his party of Highlanders, which I like very well to see. In the time of the vacation, Harry and me writes themes, reads Livy and French, with Mr Douglas, between ten and eleven. Papa made me a present of a ring- dial, which I am very fond of, for it tells me what o'clock it is very exactly. You bid me, in your last letter, write to you when I had nothing better to do ; but, I assure you, I think I cannot employ myself better than to write to you, which I shall take care to do very often. Adieu, my dear brother, and believe me, with great affection, yours, T. E." In this letter the writer records what were perhaps his first glimpses of the naval and military professions, of which he was destined, in turn, to make trial before he found himself in the more congenial atmosphere of Lincoln's Inn, ultimately to find himself in his riglit place as a member of the English ]iar. ^ This (lance is supposed to be of Frcncli origin, or, at all events, its name ; CJiantrciise being held to be the more correct form. But seeing that it is of the nature of a Highland fling, a writer in an old volume of the Scots Magazine contends that probably the still more correct etymology may be Sans treics. Recently it was stated in Notes and Queries, that the original of this letter is in the possession of the Baron de Bogoushevsky ; if it be indeed the original which this gentleman has, it would be carious to know the histoiy of its wandcr- ine:s. A JVSAPPOINTMENT. 67 Prior to their departure from Scotland, the arraugeiueuts ior sending Thomas Erskine to sea were complete. To his dis- like to the career proposed was added a youtliful disappoint- ment, mentioned in a letter written by his mother from Up- hall. Thus the passage runs : " We received the cloth (and accoutriment) for Tom's clothes, but he was very much sur- prised to find tlie cloth Uue instead of green, notwithstanding what was wrote at first on the subject ; although this was a great disappointment, and he thought of sending it back, now he is better pleased that it is so." ^ Sixty years after this period, when Lord Erskine had become the most distinguished Scotchman of the time, he was fain to look back upon this part of his life, and to recall the " long, lifeless, unadorned street of St Andrews, in which a traveller would read his l)ook as lie drove through it," and " the old plastered church wall " where he and his l)rother played at fives. ^ A large house on the right-hand side, close to the old Abbey, was long remembered as the Buchans' residence. " Lady Buchan's memory was still green when I was at St Andrews," writes Lord Campbell, " and I was shown a cave '^ 1 Sir David Erskine's MS. 2 Lord Campbell was inclined to take exception to this description of his favour- ite city. The following is, however, a sketch at even a later date than that referred to by the Lord Chancellor. •' It [St Andrews] consists of one principal street, on both sides of which appear the decaying remains of several houses, once splendid and stately, but now desolate. ... It has two colleges, a number of well-beneficed professors, and about 100 students. It may contain in all about 3000 inhabitants. ... Its conviviality is enlivened, and a maudlin consolation is administered to its sorrows by no fewer than two-and-fm-ty-nhlumscs.'"— Scot- land Described, Now Ed. : Edhi., 1799 : p. 201. '■^ " Within tlie ocean cave to pray, "Where good St Rule his holy lay From midnight to the dawn of day , Sang to the Inllows sound." "A rnvf nearly fronting tlio ruinous rastlo of tlio Arrliliisho]i of St Andrews 68 HENRY ERSKINE. oil the sea-sliore in wliicli slie used to drink tea and make her toilet when she bathed." It is still called Lady Buchan's Cave. bears the name of this religious person. It is difficult of access, and the rock in which it is hewn is washed by the German Ocean. ... At full tide, ingress and egress are liardly practicable." — Note to Marmion, cpioted in Lyon's Hist, of St AndrexL's. IVALCOT. Gq CHAPTER 111. THE ERSKINES AT BATH OLD EARl's LETTERS GARRICK LADY STAIR AND DOUGLAS CAUSE WHITEFIELD AND LADY HUNTINGDON RALPH AND EBENEZER ERSKINE — MIDSHIPMAn's LETTERS LORD CHATHAM earl's DEATH HENRY AT EDINBURGH UNIVERSITY VERSES MARAT ADVOCATE OLD LAW CUSTOMS STYLE AT THE BAR ANECDOTES SIR JAMES COLQUHOUN ENSIGN THOMAS ERSKINE — HIS SERMONS AND VERSES. The family removed to Bath towards the end of 1*763. Henry was left at Edinburgh, whence he went to Glasgow University, and afterwards paid a visit to his parents at Bath. The following letters from his father were written before and after this visit. The first refers to an accident, from which he seems to have suffered all the remainder of his life — the breaking his leg l)y a fall down-stairs : — " Walcot, Sept. 13, 1703. "My deah Haehy, — This is the first letter 1 have wrote you with my own hand since I left you, which 1 assure }'ou is not owing to any neglect, for I have allways the most tender affection for you, and you are very much in my tlioughts, but while I was on the road to London, tho' 1 kept my health very well, and was the better for travelling, yet 1 was allways so fatigued at night with the pain of my leg, and its awkward posture in the chaise, that 1 was more lit for repose llian for 70 HENRY ERSKINE. writing. At Luiiduii I ^vas not very well, and since I came here I have been in such constant hurry and turmoil. . . . Besides I look upon Lord Cardross's writing to you as the same thing, as if I did it myself . . . and you must ob- serve the directions and advices as coming from me. Tom has likewise been a very faithful correspondent to you, tho' I think you have been somewhat lazy to him, and seem allways to be in a hurry ; now I must beg it of you, not to indulge yourself in a laziness to write while you are young, for it will grow upon you with age. I need not describe this place to you, it has been done so fully already, it is indeed a very pleasant one, and has a very fine prospect. Whatever you have occasion for, Mr Inglis^ will provide you, and I hope you ^PPly yourself to what you are learning at Edinburgh, as you will soon go to Glasgow, directions for which shall be sent in jjroper time. Pray write me from time to time whatever you hear aljout the Douglas cause. . . . Your Aunt Betty writes she has sent you two dozen of franks, and Mr Craig has sent you as many from London, so if you are a good guide you are provided for a long time. — I am, my dear Harry, your ever affectionate Father, Buchan." The next letter is dated Walcot, Gth March 17C4, and directed to the student at Glasgow : " I can assure you, you are continually in my mind, and the good accounts I have frequently of you, indear you more and more to me. You may therefore (if you continue to behave well) depend upon every good thing I can do to you. I have allow'd you to learn to draw, and will be desirous you should have every accomplishment that is proper for you. I have had a letter from Tom at Spithead, l)y which I have the pleasure to hear that he has been very well, that he has never been sick, and has been at the Topmast head, and that everybody has been very kind to him. I pray God to take care of him, and bring ^ His ardent. TARDY ENR0LMEN2\ 71 liim safe back. I am at present not well, liave got ItliciiniaLiek pains, and a dissorder in my Stoniacli. ... I believe T have receiv'd all your letters, for wliicli I thank you, and they were very agreable to nie." It appears from the records of Glasgow College, that Henry Erskine's name was enrolled on the " Album " in the year 1764, in order that he might vote at the election of Lord Rector. He had entered the university apparently in the pre- ceding year, but had omitted the formality of having his name inscribed in the book, and complied with it in 17G4, for the purpose of acquiring a right to vote. The following is the entry : " MDCCLXiv. Norma discipuloruni in fpuicuiKpie facultate (jui prius in Album Academioc inscripti non fuerunt, qui(pie nunc denunn inscribuntur, ut jure sufFragii ferendi gaudeant in Rectore Magnifico juxta Academia) stututa eligendo." "... Henricus Ershine, fdius natu secundus viri adprime lionoral)ilis Ilenrici, Comitis de Buclian." Four other students seem to have been thus dilatory in re- cording their names. One of these is William Hervey, only son of the Hon. Thomas Hervey, brother of the Earl of BristoLi The most remarkable of the professors at this period, whose classes Henry Erskine must have attended, were Adam Smith and James Moor. The former left the College in the year of Erskine's tardy enrolment. He resigned his chair on receiving an invitation from Charles Townsend, who had married Lady Dalkeith, to accompany the young Duke of Buccleuch on his travels. The Wealth of Nations did not appear till 1776, nine years after Sir James Steuart's work on Political Economy. To James Moor, Professor of Greek, is probably due the ^ Mr R. C. Jcbb, Professor of Crock in tlie University of Cdasgow, vciy kindly took the trouble to extract these details from the books of the College. It is noticeable that in the College Album the form "adpiinie honorabilis " is used for " Ri;?ht llonblc. : '' and " admodnni honoraltilis " for " Honble." 72 HENRY ERSKINE. credit of having fostered in his pupil the taste for Greek literature for which he was remarkable. It is understood that Moor's Greek Grammar was used in the College of Glas- gow until a recent period. Henry Erskine's visit to Bath occurred before the date of the next letter. Garrick was at that time at Bath, in the height of his popularity, and Henry Erskine remembered fre- quently meeting him at his father's table, — a circumstance which should be remembered as creditable to the old earl's large-mindedness, especially when it is recollected that he was in a set not likely to sympathise with him on this point. The idea of " actors living like persons of quality " was con- sidered " scandalous." " That Garrick," Mr B , a friend of Mrs Thrale's, thought — was " an entertaining fellow enough. But common-sense, madam, common-sense, is against that kind of thing." 1 Thus the earl wrote — "Walcot, Janry. lUh, 1766. "My dear Harry, — I had the pleasure of yours of the 29th of Deer., for which I thank you, as well as for the other letters I have receiv'd from you, and which have all been very aggreable to me, as they are wrote with more ease, and more correctly than before you was here, and likewise with that frankness and familiarity I allways love in the letters of my children. . . . Here has been a great deal of fine company this sea- son, but I was not allways able to go among them. Mr Pitt was here for five weeks, I saw him frequently both at his own house and . . . [here the letter is torn] . . . Mr Cooke has been troubled with an ague these two months. Lord and Lady Tracy are here at Bath, Mr Clootwick and his Family are well, as is Gideon, who never forgets you, he has bought the fine house in the Square, which perhaps jon may remember has a large court before it, we din'd there four days agoe, and had two dishes I never saw before, one was a wild Turkey a very ^ See Diary and Letters of Madame D^Arblay. DOUGLAS CAUSE. 73 line fowl indeed ; the other was a line soup made of tlie fa- mous Chinese ]Urds' nests. They wish'd you had been of the company. Mr Dinwiddie has given up Lord Fane's house, and bought a very good one in Milson Street. ... I send you enclos'd a Frank. I hear the french proof of the Douglass cause is extremely voluminous." The story of the Douglas cause, in which the Erskine family were interested, is too well known to need much mention. Henry Erskine — says his son — never considered the evidence in the Stewart case satisfactory, although a different opinion was held by many excellent lawyers. Upon the whole, public opinion seems to have been strongly in favour of the validity of Lady Jane Stewart's claim. We may gather so much from the description of the manner in which the news of the de- cision in the case was received in Edinburgh, as also from the many curious pamphlets and " broadsides " that appeared. Pity for Lady Jane, and regard for the ancient house of Douglas, seem to have had as much weight as study of the evidence.^ Islay Campbell (of Succoth), who at a later period succeeded Henry Erskine as Lord Advocate, it is recorded, had ridden down from London, outstripping the post by means of a fleet horse : he rode straight to the Cross, and there, waving his hat in the air to the expectant crowd, shouted " Douglas 1 One of these pamphlets is remarkable — namel}^, The Fate of Julia : an Elegiac Poem in two Cantos, Sacred to the memory of L — dy J — n D — g — s (Lon- don, 1769) — inasmuch as it is prefaced by a dedication to an imposing list of persons, including Sir Islay Campbell and other lawyers, who may all be pre- sumed to have been sympathisers. The following is a samjde of the other class of literature — " Behold each face bedecked with a smile, Both high and low within our Scottish Isle, The very infants, though in years but young, Eejoice because the Douglas cause is won." —See Sentence of the High Court of Parliament in favours of the right Jlonoui- ahle Archibald Duhe of Douglas, cC-c, on Monday the 27th Feb". 17n7. 74 HENR V ERSKINE. for ever ! " when lie was at once seized and carried in triiimpli, amidst general rejoicing, to his lodging in St James's Court. An aged relative of Lady Buchan's figured somewhat pro- mmently in connection with the Douglas case at an early stage of its progress, when, apparently, the question of succes- sion had arisen before the death of the Duke of Douglas. Old Lady Stair, a second cousin ^ of Lady Buchan's, was a very remarkable example of the Scottish gentlewoman of the old school, privileged from her age and position to say and do things that were not permitted to ordinary mortals. Her Scotch was of the stromrest, and her lans^uacje, it is said, not of the most refined descrix^tion. Nevertheless she was an acknowledged leader of fashion, and her tea circle, which she entertained at her house in the close in the vicinity of the Lawnmarket, comprised the genteelest company in the town. ^ The exact relationship was this : Lady Buchan's mother, Anne, was niece to Janet Dahymple, as has been already said ; also to John, first Earl of Stair, who is associated in peoj^le's minds with "Glencoe;" his son John, second Earl, who distinguished himself in Marlborough's campaigns, and is knoAAOi as Field - Marshal Stair, succeeded in marrying the lady in question, Eleanor, widow of Lord Primrose, and daughter of the second Earl of Loudoun, by a stratagem which spoke more for his generalship than for his good taste. The lady is said to have been barbarously treated by Lord Primrose, and did not — maybe— care to run a second risk. Her story forms the subject of Scott's novel, My Aunt MargareVs Mirror. The connection between the Erskines and Dalrymples is shown more clearly, thus : — James Dairy niple, Lord President, = Margaret Ross, of Balneil. 1st Viscount Stair. I John, 2d Viscount, cr. Sir Hew, Janet, Earl of Stair, Lord Advocate, of Nortli Berwick, " Bride of and Secy, of State. Lord President. Lanmicrmoor." I I 1701. John, 2d Earl of Stair, K.T,, Anno, = Sir James Stcuart, of Field-Marslial, m. Eleanor, j Coltness, Sol.-General. w idow of Lord Primrose. | i Agnes Stcuart, = Henry, 10th Earl of Good trees. | of Bucluin. V A SCENE. 75 The incident here recorded is given Ijy Clianiljers as liaving occurred in 1752. It seems that Lord Dundonald had, in the strictest confidence, mentioned to the Duke of Doui^las tliat Lady Stair had stated lier disbelief in the birth of Lady Jane's sons, and considered the aliment which Lady Jane got from tlie Duke on their account a waste of money — or words to that effect. Lord Dundonald supported this story in a letter to the Lord Justice- Clerk, adding that he gave " the world leave to think him a villain if he did not speak the truth." Shortly afterwards the Countess of Stair heard of what she had been accused. Without loss of time, she, to have the matter out, took her stafi' in her hand, and having called for her chair, and attended by her black servant, desired to be carried in- stantly to Holyrood House, where the Duke and Duchess of Douglas were lodged. The meeting was stormy, as might have been expected. The closing scene is thus described. The old lady came forw^ard into the anteroom, and there, be- fore the Duke and Duchess and attendants, declared that she had lived to a o'ood old aiie, and had never till now " o'otten herself mixed up in any clatters ; " she then struck her staff distinctly three times upon the floor, and thrice declared the Earl of Dundonald (according to his own phrase) to be " a d d villain ; " after which her ladyship swept out of the room, leaving blank faces and consternation behind her.^ It was probably no idea of the gaiety or sociality of Bath that led Lord Buclian and his family to take up their abode there, but rather tlie attraction of a " hiijhly favoured citv," where ^ Lady Stair lived to a great age, which her friend Lady ^lary "Wortley Mon- tague was inclined to attribute to her having been of a hysterical teiuperanient in her youth. Thus she wrote to Sir James Steuart : " I have seen so much of Hysterical complaints, though Heaven be praised I never felt them, I know it is an obstinate and a very uneasy distemiier, though never fatal, unless when Quacks undertake to cure it. I have even observed that those who arc troubled with it commonly live to old age. Lady Stair is one instance. I remember her screaming and crying, when ]\liss I'rimrose, myself, and other girls were dancing two rooms distant." — See Orifjinal Letters, 76 HENRY ERSKINE. the plain, old, simple, unfashionable Gospel was preached in purity, under the auspices of George Whitefield and Selina, Countess of Huntingdon. At the time in question, Lady Hun- tingdon's " Connexion " had been established for some years, and was now in a very flourishing condition. No doubt the good old lord saw in the Calvinistic tenets which were characteristic of this section of the Methodist body, and the system of Church- membership obtaining in Lady Huntingdon's party, the nearest approach to his ov/n ideas of doctrine and Church government that he was likely to find in the Church of England. More- over, the acquaintance of the Erskine family with both Lady Huntingdon and Whitefield is likely to have influenced the earl in his choice of Bath as a residence. His sister, Lady Frances Gardiner, had been, for years, a friend and correspond- ent of Lady Huntingdon ; and when Whitefield paid his first visit to Scotland he had made acquaintance with, and been kindly received by, more than one member of the family. Indeed the first invitation to Wliitefield to come to Scotland was from the earl's " far-away cousins," the well-known Ealph and Ebenezer Erskine, who had but recently seceded from the Church of Scotland. They strongly pressed Whitefield to come to DunferniKne and preach, though they said he would find the Scotch " lifeless, lukewarm, and upsitten." Whitefield came to Edinburgh, but would neither preach nor stop till he had reached his hosts at Dunfermline. But a heavy disax)point- ment befell them, for when they looked that their guest should have opened the thunders of his eloquence in execration of the demon. Patronage, and in praise of the Solemn League and Covenant, they found that he literally cared for none of these things, and that his one fixed idea was the saving of souls ; and that so far from confining his preaching to the sect originated by the Erskines, he was ready and willing to preach in the Pope's pulpit, if his Holiness would lend it to him. Then the painfid fact became apparent tliat a snake had CHURCH J'OLITICS. 77 been invited to Dunfermline. It is, in trutli, not altogether pleasant to read of the doings at this juncture, of these really most excellent men, the Erskines, though the quarrel was ultimately " made up." Finding that Whitefield could not Ije got to join their party exclusively, they had recourse to the old expedient of " a fast, and humiliation," as a protest against the success of Wliitefield's preaching, and " in attonement for the fond reception " accorded to him. The " Act of the Asso- ciate Presbytery " directing this movement is characterised by the worthy Mr Eobe of Kilsyth as " the most heaven-daring paper that hath been published l)y any set of men in Britain these three hundred years past." Wliitefield's work was stated to be nothing but a " diabolical delusion." While such w\as the reception given to him by some of the Erskines,^ nothing could ^ The extent to wliicli these good men were wont to carry their pulpit influence in political matters, is shown by a passage in an unpublished MS. letter of James Erskine, Lord Grange, to the Marquis of Tweeddale, regarding election affairs at Dunfermline : "The two ministers [Ralph Erskine and Wardlaw] it seems dealt a good dale among their people, and gave very broad Hints in the Pulpit of their duty to be publick- spirited, and not to partake of other men's guilt, w^ii they must do if they did not employ their interrest heartily to bring in such as they had reason from their former conduct to believe sincere friends to their King and Country, and to our Civil and Sacred Rights, Liberties and Priviledges, and if they did not oppose all who, under any pretence or temptation whatsoever, they should see going in ^^-ith our oppressors. Tlie Capt". [Halket of Pitferran] took this to himself, and went to each of them. Erskine put it to him roundly, whether he was in any Concert with E. Islay ? He could not deny it, and for his vindication alleadged the Promise he had given. Erskine replied that sucli a promise was dishonourable and sinfuU ; and that the Capt°. would not, as he had stated himself, expect the concurrence of any honest man. The Capt". in defense of standing to his Promise, urged the example of Herod, who, tho' reluctantly, kept his word to Hcrodias, and beheaded John Baptist. Erskine answered to this purpose : ' Fy upon the Tyrant ! why did he not gar scourge the and s^vitch her out of his Coui-t, and honestly break the sinfull filthy promise he had made like a villain ? ' "Wardlaw us'd no less freedom with Inm. ITo i.s in a pro- digious Rage at both." The ^vl■itcr, the Honourable James Erskine of Grange, was the same wlio, from incompatibility of temper with Ids wife, caused lier, with the lielp of old Lord Lovat, to bo deported ;ind kept a prisoner at tlie Islmid of St Kilda. 78 HENRY ERSKINE. exceed the kindness with which he was entertained by others of the family. Many of the Scotch nobility, it is recorded, received him most graciously ; foremost amongst those were Lady Frances Gardiner, and Lady Jean Nimmo, who, as also her husband, w^as a connection of the Erskines. It will thus be understood that when these determined to remove for a time to England, it was to Bath that their steps naturally turned, as to a home where they were sure of a cordial reception. Nor were they disappointed. There, some of them formed friendships which lasted till their lives' end. Especially was this the case as regards the eldest of the family. Lady Anne Agnes Erskine, who was at this time in her twenty- fourth year, and who, according to her own description, after experiencing the unsatisfactory nature of a life spent in fash- ionable follies, and amongst those whose " frivolity and love of pleasure left no place for matters of more solemn consideration," was charmed to find amongst the elder members of the Hawk- stone family, and above all in the society of Lady Huntingdon, a companionship perfectly suited to her tastes. It was at this period that the midshipman's letters from foreign parts began to arrive. These are interesting as show- ing a certain diffusiveness of style in the youth, which after- wards became a strong characteristic in the man. From the HonUc. Thomas Er shine to Lord Car dross. "Kingston in Jaimaca, July 1764. " My deaeest Cakdross, — I wrote to you about 1 days ago, giving you some small account of what I had seen here. I am still here with Doctor Butt, but shall sail now in about 1 days. He is appointed Physician general to the Militia of the Island of Jaimaca by his excellency Governor Littleton, whom I waited upon at Spanish Town along with tlie Doctor some days ago. He is a very Affable, agreeable man as I ever saw, and n man of great learning. LETTERS FROM ABROAD. 79 "The longer I .stay in the West indies I find tlie Country more beautifull and the Climate more agreeable, I C(juld not help smiling when Mama mentioned in lier letter Ikjw much reason you had to be thankfull that you gave up your Connuis- sion, or you would have gone to the most wretched Climates in The Earth. I don't know indeed as to the rest of the West indian Islands, but sure I am If you had come here you would have no reason to repent of it. To l)e sure To stay here too long might weaken a Constitution tho' hardly that, but for to stay here some time is extremely desiraljle. As for me I have great reasons to like the AYest indies, I have never had an hours sickness in them, never enjoyed better spirits, and found in them as good a friend as ever I desire to meet with, as I mentioned in my last letter : she supplies the place of a mother when at a distance from all my relations, and behaves to me in every respect better than many relations whom from their kindred to my parents ought to do. That is a great Ad- vantage especialy when one is in a foreign Country. " I suppose you will be by this time thinking of going abroad, as it draws near the time yon intended going, I suppose you will go first to Italy, remember to write me from these places, you will have many oppurtunities when yon are in portougal or Spain as they have great Trade with the west indies so that I expect you wont forget the poor Pots. For I assure you he always dearly remembers his own Coniy. " I begin now to draw indifferently, I am studing Botany with Doctor, so I will bring you home drawings of all the Curious plants, &c., &c., and every thing that I see, I have sent Mama home a land Turtle to walk aljout Walcot garden, it is very pretty particularly its back which is all divided into square lozenges, and the shell is as hard as a coat of mail. If you have got any thing that you want to send me you need only direct it to Dr Butt in the same manner as you direct letters and put it iu to a merchant man bound for the West Indies and it cant fail coming safe. Dr ]»utt desires his best compts. 8o HENRY ERSKINE. to you and will be obliged to you if you will send him out such a profile of you as you copied from Mrs Hoars. Pray give my compts. to all I know, and believe me to be, my dear Cardross, your affectionate brother, Thomas Eeskine." Extract of a Utter from the Hon. Thomas Ersldne, Esci., of his Majesty's ship the Tartar, to the Bight Hon. Lord Carclross, dated at Pensacola, Septemher 8, 1*765. " This comes by the return of the transports, now in this liarbour to England, with the 2 2d and 34th Eegiments of Foot, which have been for these two years past in West Florida. This desert, barren, uncultivated land, which was last year tolerably healthy, is at present remarkably other- wise. The young Buffs, lately arrived, have already lost 120 men, a great part of whom were destroyed by the scurvy. Brigadier-General Baquet died here last week of the yellow fever. " In the afternoon, a few hours before we saw the coast of Florida, it became very calm, and began to thunder and lighten, increasing for the space of an hour, coming nearer and nearer with immense violence. I was standing near the foot of the mizen-mast, on the quarter-deck, when, without either hearing the thunder or seeing the flash, I was knocked down by the lightening, which struck me on the arm, giving me intense i^ain for some time ; four people were beat down at the same moment, and in the same manner. " When I recovered from the shock, I went below deck, and had my arm chafed with spirits ; but had not been down a minute when we heard a noise equal to all the guns of the ship exploding at once. This shock of lightening or electri- city, destroyed, in an instant, tlie main-mast, the main-top- mast, main-top-gallant mast, and mizen-top-gallant mast, tear- ing them in a million of pieces ; large splinters flying all round A SrORM. 8 1 the ship for many yards distant ; the sails blown in as many pieces or shreds, streams of electric fire rushing at the same time down to the bottom of tlie sliip. In short, never was anything more tremendous ! And I am afraid we shall find it very difhcult to get a mainmast here, as tliere are no trees lono- enouo-h of a sufficient thickness. O o "Captain Curtis of the ^crr^, who is arrived at Plymoutli from Pensacola, with part of the 2 2d Eegiment on board, says, that when his ship lay in the Bay of Mobile, a Hash of lightening split and tore in pieces his fore-mast, fore-top-mast, and both top-gallant-masts, burnt his sails, made its way into the hold, split several of the forecastle deck-planks, forced the oakham out of the seams, and left such a prodigious quan- tity of sulphureous matter issuing from the hatchways, as to deprive the men of their senses ; at the same time the Prince Frederick, Hanning, had her main -mast, and fore- top-masts split. Captain Curtis sailed from Pensacola the 17th of September, with eight sail of ships, and parted with them the 16th of October in latitude 30.0, long. 75.0 from London, all well." The above letter ^vas deemed so excellent at the time it was received from the " middy," that extracts from it were printed in tlie iS'^ James's Chronicle of December 5, 1765. " Kingston in Jamaica, Fehruary 18, 1766. " My dearest Brother, — I need hardly use any arguments to convince you of my impatience to hear from you when I assure you that the latest letters I have had from you or any other of tlie family were dated the beginning of July last, which is upwards of seven months from the present time. But as I have so long experienced your punctuality in writing, particularly at this distance when a letter is a double pleasure and satisfaction, T rather impute it to the F 82 HENRY ERSKINE. carelessness of the post-oflice, wliicli I have often detected, tlian to your forgetting me, which I never liad any reason to imagine from that or any other circumstance. But I forget myself when I talk of scA'cn months ; I had the plea- sure of seeing your lordship this morning at Doctor Butts, but whether it was from the antiquity of your dress, the appearance of your hair, or perhaps the bad effects of change of climate, or some otlier hidden cause, I don't know, but you looked worse than ever I saw you. But to be more plain, if the print is an exact representation of the original painting, Mr Eeynolds has by no means flattered you.^ I think it is a very fine print, though I could have wished they had studied the likeness as much as the fine execution. The doctor is of the same opinion, he thinks it like but by no means favourable. You have the satisfaction of being in one of the most ele^'ant rooms I liave seen in this island (which I would not have you have a small idea of) and in very agreeable company ; you seem to be paying your addresses to Lady Waldgrave, and are in the presence of the Holy Family by Eaephael and Eubens, and according as you are in spirits or melancholy, you have comedy and tragedy, with their great supporter, Mr Garrick, to indulge your different ideas. . . . " I enjoyed a very pleasing sight the day before yesterday by calling upon old Mr Pieez a little after his receiving yours and his son's letters from England, the joy of an affectionate father looking at the unexpected though merited successes of his son,^ and the seeming pride, joy, and satis- 1 The portrait of tlie eleventh Earl of Buclian, by Sir Josliua Ee3'nolds, 1765, ill a blue satin doublet and lace, from which this was an engraving, is now at Amniondell. 2 " One ]V[r Riz, a Jew, is lately come from Jamaica, a man of great genius in astronomy, mechanicks, and many of the arts. He has made many important discoveries in the art of dyeing : and has also found out a soap (an extract of Jamaica vegetables) which washes linen in sea-water and hard water, as well as in soft water. ... It is certainlj' a great and important discovery." — (Letter of DAVID RIZ. 83 faction tliat slione upon the counteniinco of Ins niutliur, which near 70 years had deprived of a good deal of its lustre, was to me more agreeable than tlie forced exertion of the different passion in tlie face of the* most eminent acter in the finest tragedy, as it showed in so strong a degree the attachment implanted in liuman nature towards their own offspring. As there are some ships arrived to-day, I am going to the post- office to look for letters, which I hope I shan't be dis- sappointed in. I write Tapa and Mama by this opportunity. I never have received but one letter from Harry since I left England, and that a year and a half ago. I always wrote him by the Glascow ships. Give my duty to Papa and Mama if this letter finds you at Bath, and love to Lady Anne and Isabella ; Harry, I suppose, is in Scotland. Adieu, my dearest brother, and believe me to be your ever affectionate brother and sincere friend, T. Erskine." The Earl of Buchan, it appears, was much hurt at not being able to obtain a commission in the Guards for his eldest son. There was an idea that, for some reason unexplained, the Buchan family were not in favour with Lord Bute, or his Government, consequently he requested of Baron Mure that he would use his influence to procure a commission in " an old regiment" for his son. He ultimately joined the 3 2d, Cornwall Regiment of Foot — then known as " Leighton's regiment" — in which he served for a few years. Sir James Steuart having been only tacitly allowed to return to tliis country, his nephew writes to Mr Pitt in E. M. da Costa, clerk to the Royal Society, in Nichol's Illustrations of Literature, p. 793.) David Riz was elected F.R.S. June 5, 1766, but was expelled in 1783, for non-payment it is presumed, the soap scheme not having been successful. I am indebted to Mr Edward Solly, F.R.S. for these details, Ho is puzzled- and no wonder-at Lord Cardross's theory of literary paternity. " Compliments to my son David Riz," appears in a letter from his lordship to Mr T.a Costa. Horace Walpole, writing to Lord Buchan, December 1, 1781, expresses admira- tion of the doings of his lordship's "adopted rhildven." 84 HENRY ERSKINE. the hope of interesting tlie minister in his uncle's behalf, at the same time conveying intelligence of the failing health of his father, the old friend and college companion of William Pitt :— *' Walcot, near Bath, June 9, 1766. '' . . . My dear father has been greatly indisposed of late, and is at present confined to his bed by a fever. His brother-in-law, Sir James Steuart, has been with him — an unfortunate person, by one false step taken even against his true principles very early in life, but a man of consummate sagacity, great experience, and profound learning. This ingenious uncle of mine told me one day, in conversa- tion, that after having lived fifty years, and gone through almost all the geographical and literary world, three things only had surmounted his most sanguine expectations — the amphitheatre at Verona, the church of St Peter's at Eome, and Mr Pitt in the House of Commons." In the same letter in wdiich Lord Cardross informs Mr Pitt of the illness of his father, he writes : " A brother of mine is just arrived from our colonies of East and West Florida, and gives me but a very unfavourable account of the capabilities of these colonies. . . . He brought me like- wise a curious account of a Negro Conqueror who has subdued a great part of Africa, lying near our settlements, and has occasioned the building of our new fort on that coast. He carries eight Arabic secretaries, who record his feats in that language. My brother has also conversed with Commodore Byron's ^ officers, and confirms the accounts of the Patagonian Giants." Horace Walpole, whose sentiments regarding everything ^ Commodore Byron had just (1766) returned to England from his disastrous voyage round the world. His Narraliir of Svffcringfi on the Const of Patagonia WALFOLE AND LADY BUCJIAN. 85 Scotch are well known, thus records his impression of the good lady he met at Bath : " There was," he writes,^ " a Scotch Countess of Buclian carrying a pure, rosy, vulgar face to heaven, and who asked Miss Eich if that was not the author of the Poets. I believe she meant me and the " Noble authors." Shortly before the death of the Earl of Buchan — that is to say, in October of the preceding year — Pitt had interested himself to obtain for the son of his old friend a post in the diplomatic service of the country, wherein his acknowledged abilities might fnid a suitable sphere of action. Lord Chatham writes, by his secretary, to Lord Shelburne — **Bath, Sunday, October 12, 1766. " . . . Lord Chathain is extremely sorry that the em- bassy to Spain still remains unsettled. Sir James Gray would undoubtedly execute the commission with very suf- ficient ability ; if therefore he is willing to go, it seems almost advisible on the whole to think of him for that Em- bassy, if it be his Majesty's pleasure. ... If in settling this mission circumstances should allow of it. Lord Chatham would be happy could he be permitted to recommend the secretary to the Embassy, which he has extremely at heart to obtain for Lord Cardross. He is a young nobleman of great talents, learning, and accomplishments, and the son of the Earl of Buchan, an intimate friend of Lord Chatham from the time they were students together at Utrecht." ^ It has been noticed that the last sentence of this letter affords evidence of the fact that Lord Chatham received appeared in 1768. To his proverbial ill-luck his illustrious grandson alludes in the beautiful epistle to his sister — " A strange doom is thy fatlier's son's, and past Recalling as it lies beyond redress, Revers'd for him our Grandsire's fate of yore — He had no rest at sea, nor I on shore." ^ To John Chute, Esq., dated Bath, 10th Oct. 1766 (see Letters, v. 16). 2 Correspondence of Lord Chatham. 86 HENRY ERSKINE. part of his educatiou at Utreclit, a circumstance not alluded to by any biographer prior to the date of the publication of his correspondence. Elsewhere Earl David has written : " At Utrecht my father and I'itt lived together with Mons. and Madame de Vion ; they were almost inseparable." Tliough duly gazetted to the ofiace of Secretary to the Spanish Embassy, Lord Cardross, it- is alleged, declined to proceed with Sir James Gray to Madrid, for the scarce-satis- factory reason that the Ambassador was a person of inferior social rank. This circumstance was the cause of much curious theorising. There, no doubt, was some foundation for the plea : Horace Walpole states, in a letter to Sir Horace Mann, that Sir James's father was first a box-keeper, and then a foot- man to King James the Second. It is recorded by Bos well that in discussing the merits of this question with Sir Alexander Macdonald, Dr Johnson observed that perhaps in point of in- terest the young lord did wrong, but in point of dignity he did well. Sir Alexander held he was altogether wrong, and con- tended that Lord Chatham meant it as an advantageous thing to him. " Why, sir," said Johnson, " Lord Chatham might think it an advantageous thing for him to make him a vintner, and get him all the Portugal trade ; but he would have demeaned himself strangely had he accepted of such a situation: Sir, had he gone Secretary, while his inferior was Ambassador, he would have been a traitor to his rank, and family ! " This excessive regard for the demands of " family," counselled by the great man, is perhaps only to be paralleled by another utterance of his hardly less profound — " If the man who turnips cries, Cry not when his father dies, 'Tis a proof that he had rather Have a turnip tlian his father." Upon this discussion Mr Croker is reported to have '' neatly observed," — " If this principle were to be admitted, the young nobility would be excluded from all professions, for the OLD EARLS PEAIH. 87 siilteriurs in the piui"c«.sioii wuukl Ircij^uciilly be their iiii'ori- ors ill personal rank. Would Johnson liave dissuaded Lord Cardross from entering on the military profession because at liis outset he must have been commanded by a person inferior in personal rank ? " ^ Any rejoinder, if made by Dr Johnson, has, unhappily, not been handed down to us. Mr liouet of Bel Eetiro (originally called Aucliendenan) on Loch Lomond, a Professor of Church History at Glasgow University, writes to his cousin. Baron Mure, on 10 th of February 1767 : " Cardross does not go to Spain because of the bad state of his father's health." ^ This seems a much more reasonable theory than that discussed by Dr Johnson and others at the time. Not long after this the old Earl died at his house at Wal- cot, attended to the last by his wife and children (except Henry, who w^as in Scotland), and his friends in the Church he had joined. These latter made a great occasion of the poor old Earl's death. The narrative, in Mr Whitefield's words, is very curious : — " All hath been awful, and more than awful. On Satur- day evening, before the corpse was taken from Buchan House, a word of exhortation was given and a hymn sung in the room where the corpse lay. The young Earl stood with his hand on the head of the coffin, the Countess-Dowager on his right hand. Lady Anne and Lady Isabella on his left, and their brother Thomas next to their mother, with Miss Orton, Miss Wheeler, and Miss Goddle on one side ; all tlie domes- tics, with a few friends, on the other. The word of exhorta- tion was received with great solemnity, and most wept under the parting prayer. At ten the corpse was removed to good Lady Huntingdon's chapel, where it was deposited in a place railed in for that purpose, covered with black baize, and the usual funeral concomitants, except escutcheons. On Sunday morning all attended in mourning at early sacrament. They ^ Boswell's X//1' fj/ See Correspondenre of Lord Jcffrnj, passim. 144 HENRY ERSKINE. it follows the model verse by verse. In neither edition of the Garland is the piece given in verses, nor the name of Ambrose Philips mentioned. Between ]\Ir Erskine and his cousin it is undoubted that musical taste was the strongest bond of sympathy, and one in wdiich Mrs Erskine could cordially join. Probably it was while Mr Erskine was connected with the St Cecilia Society, and the musical doings in which Lord Kellie appears to the greatest advantage, that Mr Erskine wrote a lengthy poem of 150 lines or more, entitled TJic Musical Instruments; a Fable — to a Friend, which, it is believed, has never been printed entire.-^ In it reference is made alike to Lord Kellie's musical talents, and to the pre-eminence of the violin, his own favourite instrument, as it was his cousin's : ' ' The Beaus and Belles were gone, the Concert o'er, And Kelly & sprightly strains were heard no more. Thro' the deserted room, dead silence reigned, And still and dumb each tuneful string remained, When, from the case in which a Fiddle lay, Arose a voice that said, or seemed to say, ' Basses, and Tenors, Kettledrums and Flutes, Trumpets and Horns, Fiddles and Flagelutes, From you that solemn groan to j'ou that squeak, Patient attend, and liear a brother speak.' " The proposal is that a king should be elected from amongst the instruments. Each advances his claim, fortifying the same with reasons, at considerable length : — " With loud commanding note the Fiddle swore, Ne'er was his preference denied before. 'Twas he that still employed the Master's liand, Followed obsequious by the listening Band ; ^ Professor Daniel Wilson quotes four lines of it, referring to the Earl of Kellie, which he believes he got from Charles Kirkpatrick Sharpe, but was not aware of the existence of the rest of the piece, wliidi nmy be founench in the last century, will be found to contain few names l)ut those of old and influential Scotch families — a circumstance of grave import, which at an earlier date than that in (piestioii carried temptation with it. There were few of these well-born Lords of Session who were not inclined to do a good turn, in modo justiciar, to their own kindred when opportunity offered. It is this that gives peculiar point to the Scotcli criticism of their having liad a regular and proper cdueation ; that these ccrtifieales shall by the Dean be laid before the Faeulty, who shall determine by ballot whether the candidate shall be remitted to the examinators or not." 1 68 HENRY ERSKINE. on the wonderful impartiality shown by the English judges set over the administration of Scotch law in Cromwell's time, "Deil mean them for justice; a wheen kithless loons." Whether, since the profession has been thrown open to all, the judges have shown more profound knowledge, or a greater grasp of the law, or more lucidity of judgment than in the old aristo- cratic days, is a question which only the Faculty are competent to solve. However this may be, the "glorious harvest of character" which these grand old men afforded has been for ever swept away. The following letter belongs to this period, and was intended to convey the intelligence to the brothers in Scotland of the escape, with safety and credit, of Thomas Erskine from a grave peril. Mr Adam,-^ the writer of the letter, was himself an authority in such matters, seeing that he had in 1779 been " out " with Mr Fox, and wounded him, a circumstance which did not in the least degree forbid their becoming the most intimate friends thereafter. The narrative is interesting, as showing how such affairs of honour were negotiated : — Mr Adam to tlic Earl of Buchan. " My Loud, — It is a very high satisfaction to me to be able to free your Lordship from uneasiness and alarm before I dis- charge the duty of creating those sensations. I had the hap- piness (I may say) to attend your brother this day in an affair ^ William Adam of Blair- Adam, barristcr-at-law, had been the class-fellow of Henry Erskine at the Edinburgh University. He sat in Parliament nearly con- tinuously from 1774 to 1811. During that time he was the friend and intimate of the Prince of Wales, who had great advantage from his sound judgment. He had a considerable share in bringing into existence the Coalition Ministry. In after years Lord Commissioner Adam — better known as "Willie Adam" — was believed to be the one man " that rivalled Sir Walter Scott in uniform gracious- ness oi bonhomie, and gentleness of humour," qualities markedly characteristic of his grandson, the late Right Hon. William Parker Adam, Governor of Madras. BALL-RQOM QUARREL. 169 of honour, in which he came ofi' unhurt in person, and what, even in a life so necessary to his family, so respectaljle to him- self, and gratifying to his friends as his is, to his honour in every stage of the business, as well as in the last awful 1 and serious situation. Having thus informed your Lordship that your brother is safe in person, and as high in every punctilio of honour and courage as his name and his character require, and his brother could wish, — I should ill requite myself of this important confidence he placed in me upon this occasion (a confidence more pleasing to me as the strongest testimony he could give of his reliance in me), if I did not with minuteness narrate the circumstances that led him to take this step to avenge that honour which he has ever maintained with so much credit, and which he now thought must without it have been tarnished. " Your Lordship may not have heard that when Mr Erskine was at Brighthelmston, he had a very unforseen difference with a Mr O'Bryen, with whom he went out this morning. As the cause of the step he took originated there, I must, that your Lord^" may know all the circumstances, carry you back to that period. "Mr O'Bryen was dancing with a lady of Mr Erskine's acquaintance (Miss Aufrere) at the rooms at Brighton. The lady came to ask Mr Erskine with whom she was dancing. He told her that his name was O'Bryen, that he was a sur- geon, and that he had seen him on a commission of bankrupts at Guild Hall. " Soon after Mr Erskine found Miss Aufrere not dancing, and in the presence of Lord Molesworth said he was surprised why she had given over dancing — that nothing he had said should have enduced her to do it — and ensisted on her dancing again. " Mr O'Bryen had taken a suspicion that Mr Erskine had reviled him, as he expressed it, and wrote him a long and abusive letter in consequence of it. Mr Erskine answered lyo HENRY ERSKINE. this letter by saying he had never reviled him, but had said so and so (stating what is said above). Mr Erskine consulted Sir J. Lindsay upon this, who rather thought he sh*^^ not have written, l)ut having written, thought the letter extremely proper, being a mere explanation and no apology. Mr O'Bryen then wrote to ]\Ir Erskine, saying his offence was now defined and absolute, and that nothing else would satisfy liim but making an apology before the lady for having reviled his character to her. This was sent by a • friend named Brand, who brought a written apology with it, containing declara- tions to be read by Mr E. before the lady in presence of O'Bryen, to the same purport as those contained in the letter from Mr E. Mr E. immediately said to Mr Brand that he would make no apology, and that he m** inform Mr O'Bryen he was ready to meet him. Brand endeavoured to palliate this, desired Mr Erskine to think of it, that he was sure it might be arranged, upon which Mr Erskine said he objected to any apology, but he had no objection to declare to Mr O'Bryen what he had said before in writing, and if, upon that, Mr O'Bryen would acknowledge he had written his letters in heat, he w'^- then go with him to the lady, and repeat what he had said to her, and get her to repeat it. Mr E. said this was all he could do, but he would go to Sir J. Lind- say and ask hia advice ; and if he, Mr O'Bryen, would not acquiesce in this, they must meet. Mr Erskine went to Sir elohn, who confirmed him, and in some measure pointed out to him this mode of conducting himself, as above. The parties accordingly met, and tlieir interview was as is just stated. From that they went to the lady, where she repeated to Mr O'Bryen what Mr E. had said of him in the very terms he stated it in his letter and conversation. Thus the matter ended, and, as it was hoped, witlunit possibility of revival. Mr Erskine within these few days learnt that the letters and written apology had been handed about witliout the inter- mediate conversation and declaration that he would make no ri/OMAS KRSK/NE'S DUEL. 171 apology. He felt himself extremely aggrieved, and came to me to ask what he should do on tlie subject. I t(jld him no person could judge of the honour of another ; that he had to consider whether the person to whom he was opposed was an object for his attention ; and that he must not think of violent measures in his situation. His mind, however, was too niucli hurt to take this advice in toto ; but he agreed, with great propriety, to get at the fact first, and if that were set to rights, to be contented with it. We went first to Mr Brand, who seemed to state the fact with accuracy, only that I mistook him in one particular, and admitted all the conversation witli your Br. and him. But when we met Mr O'Bryen, he in- sisted he had had an apology. This word, however, would have been withdrawn, and the matter might have been ar- ranged if he and Mr Brand w^ould have signed a state of facts which was made out by Mr Erskine, and which Mr Potts, a very worthy man and respectable attorney, who was present at the whole transaction at Bright"-, put his name to. Mr E., upon this refusal, left Mr Brand's house (where we had met to arrange this matter, Mr Potts and Mr Bond, a gentleman at the Bar, and a very particular friend of Mv E., being present), and gave me a commission to deliver Mr O'Bryen, a challenge if he continued to refuse to do him justice by ac- knowledging those facts that had been suppressed. I claimed a latitude, which was granted me, to procure from him an acknowledgment of his, Mr O'Bryen's, own to the same amount. After much conversation, Mr O'Bryen wrote a paper to the following purport : ' That he voluntarily declared that Mr Erskine had given him the satisfaction of a gentleman for his offence ; that then he had given Mr Erskine the satisfac- tion of a gentleman by declaring his first letter was written in heat of passion ; and then Mr Erskine liad given liim tlie satisfaction of a gentleman by ij^oiuix willi liini U^ tlie lady ; that all this he, Mr O'Bryen, declared of his own free will, and likewise, that Mr Erskine had behaved like a man of honour.' 72 HENRY ERSKINE. " Mr Erskine's final and decided determination was that lie could not accept this paper which I carried to him, declaring when I carried it to the parties who sent it that I would deliver no opinion to them of approbation or disapprobation. When I came to ^Ir Erskine I did everything along with his other friends to convince him, from the character of the party and his own situation, that it should satisfy him. But his mind was too much hurt with misrepresentation to submit to the idea, and he sent me back with a message to ask him to sign the facts — if not, to deliver a challenge. It ended in the last. The parties met at \ past eight this morning, and Mr Erskine told Mr O'Bryen he was ready to receive his fire. Mr O'Bryen desired Mr E. to fire ; he did so, and missed. Mr O'Bryen then fired in the air, and said, ' Mr Erskine, this shows you the state of my mind.' Mr Erskine fired his second pistol in the air, and saying Mr O'Bryen had behaved like a man of honour ; and the affair, thank God, ended. " I shall add no more but to assure your Lordship that though my extreme anxiety for a life of such use, respect- ability, and well-earned prosperity as your brother's, made me extremely desirous to inspire him with the language of peace, he acted in every respect, both of temper and firmness, as he ought, and brought matters to the issue that his honour required. " I have felt much pain in the progress ; I feel much joy in the event. His mind is relieved from oppression, and it has, besides the flattering confidence he showed me, knit a friendship which can only end with our lives. " The post is going, otherwise I would have copyed this, that your Lordship might have had a fairer written narrative ; but as I would not let a post go by without your hearing of tlie matter from the first authority, 1 chuse rather to let it go in tliis way. "I need make no apology on such a subject as this for addressing your Lordship, though unacquainted. LADY ANNE ERSKFNE, 173 " I have tlic lionour to remain, witli threat esteem, your Lordship's most faithfull humble servant, "William Adam. "London, \UU Nov''- 1782."i It was in view of the possible results of this affair that Lord Erskine made the only will of his that was found after his death. In this document he shows his appreciation of the sterling qualities in his sister, Lady Anne Erskine, by pro- viding that in case of his widow marrying again — Mrs Erskine was still very young — his sister should receive, in trust for his children, the portion of his property intended for their behoof. These facts Lord Campbell has noted ; but he is scarcely exact in saying that the affair — about which he owns he knows very little — arose out of an altercation in a ball-room at Leiocs. If, as he says, Lord Erskine was not fond of allusion to this incident, it could not have been, as suggested, because the " antagonist was an aiMliccaryT Nor does there appear any- thing to be ashamed of in the conduct of the case, according to the code in force in respect of such matters in that age. It has been stated that on the death of her father. Lady Anne Erskine permanently took up her abode with Lady Hunting- don. This step was probably taken from experience which several years had given to Lady Huntingdon of a congeniality of spirit in Lady Anne. For many years of the latter part of her life Lady Anne Erskine was her constant friend and companion, and applied herself with all the energy of an earnest and enthusiastic nature to the assistance of her friend in the multitudinous duties connected with the somewhat 1 The original of this letter was at one time in the possession of the late ^Ir Dawson Turner, the celebrated collector of MSS. He has noted on it, in hi.s own peculiar handwriting, "Oct. 1786, Mr Erskine fought a second duel with Mr (afterwards Justice) Hyde. See his letter in my Autographs E. — D. T." I have not been able to learn anything of this second aflair. 174 HEXRY ERSKIXE. curious position wliich she held as the acknowledged head and director of a large and active sect, connected with which were a college, and the numerous chapels belonging to the body, the afiairs of all which were most minutely super\ised by the foundress. Some idea of the overwhelming nature of the work which this venerable lady took upon herself, and in the course of time handed down to her fiiend, may be formed from the fact, that although in each of the chapels of the Connexion there was a committee of management, appointed by herself, the Elect Lady systematically transmitted her instructions upon the afiairs of each chapel to the several committees. These letters of direction were Ijy no means confined to matters of business, but embraced the spiritual and temporal afiairs of the congre- gations, directing the periods when collections should be made, the {Allowance for the maintenance of ministers, kc, some- times even mentioning points in the ritual of the chapel wliich she thought might be improved, in the direction of a more primitive form of worship. The ministers themselves were appointed and removed at her ladyship's pleasure. So long as the foundress lived, Lady Anne was cliiefly known for her zeal in the cause of truth, and had no wish to appear in a more prominent character. Her gentle and un- obtrusive character was then known. The administrative power which she possessed became apparent at a later stage of her career. In March 1779 was opened Spafields Chapel, in connection with Lady Himtingdon's followers ; and it was determined that Lady Anne should take up her abode in Lady Himtingdon's house attached to the chapel. It will be remembered that it was the steady opposition of the rector of the parish to the preaching of these Methodists that was instrumental in dri\'ing them out of the Church of England, after they had tried eveiy expedient in their })ower to overcome the selfisli and unreason- able obstacles thrown in their wav. Amongst other shifts, Lady SPAFIELDS CHAPEL. ,75 HuntiiigduH, wlu) was iiiulcr the impression that tlie clia})laiii of a peer or peeress was not under ordinary ecclesiastical jurisdiction, essayed to name as preachers her own private cliaplains for the time being. But all would not do, — the (liurch courts and the bishops were against tliem, and tlie rector's authority had to be up)held ; so that an immense body of excellent Christian people, w^armly attached to " the faith of their fathers," was lost to the Church of England, from what seems, at the present day, very insufficient reasons. It is clear from the narrative of these transactions, that nothing was ob- jected to in the doctrines preached by the intruders. On the contrary (if any faith can be placed in the statement of terms offered by the rector, and printed in the Life of Lady Hunting- don), it is plain that if they had agreed to the scale of fees pro- posed by the rector, — and reduced from time to time, — to be paid to the officials of his parish, and to hand over to him the offertories collected in Spafields Chapel, all might have been well. But it is obvious that in asking for the collections which followed the preaching of such men as Haweis, Ber- ridge, Toplady, Whitefield, and others, a ruinous demand was being made on the revenues of the chapel. Wliile Lady Anne was living at this house, the riots of 1780 — to which the name of "the Gordon Riots" has, un- fortunately, come to be attached — broke out in London. As is well known, Lord George Gordon, who is described as being a well-meaning, enthusiastic, but weak and ignorant young man, had, in the excess of his zeal against Popery, consented to become President of the Protestant Association, and in this capacity to present a petition to the House of Commons pray- ing for the repeal of some slight relaxations which had recently been introduced in the penal code in favour of the Poman Catholics. " A mob is usually a creature of very mysterious existence, particularly in a large city. Wliitlier it comes from or wliither it goes, few men can tell. Assendjling and dis- persing with equal suddenness, it is as difficult to follow to its 176 HENRY ERSKINE. various sources as the sea itself. Nor does the parallel stop here, for the ocean is not more fickle and uncertain, more ter- rible when roused, or more unreasonal)le, or more cruel." All this Lord George Gordon found to his cost. When the masses that he had been the means of bringing together, and wlio pro- fessed to be his followers, had succeeded in setting a consider- able part of London in a blaze, the general state of terror being enhanced by the screams of Scottish Ijagpipes,^ — when blood was flowing in the streets, and the safety of the Government threatened, — he exerted himself to the utmost to lay the demon he had raised. But some days elapsed before tranquillity was established. The magistrates were terror-stricken ; and most of the disaster being imputed to Lord George Gordon in the first instance, that weak-minded youth was thrown into the Tower, charged with treason. The following letter from Lady Anne Erskine to her brother very gi^aphically describes the scenes enacted in London, espe- cially those which came under her own eyes. Indeed, with the addition of our old friend " Grip," with his cry of " No Popery," the letter would read like a passage from Barnahy Fiudgt : — Lady Anne Ershine to the Earl of Buclmn. " My dearest Brother, — I have more than one very kind letter to thank you for, and also to [thank] you from Lady Hunt- ingdon for the packet she received from you inclosing the qualification for Mr Penticross. ... I wrote you a long letter, and snatched a moment to conclude it in the height and the misery and confusion that has reigned in this miserable and dis- tracted place ; and as we were in the midst of it, and partook of the danger, I was, on second thoughts, very glad that in the general hurry I had mislaid the frank with which your letter ^ The Scotch division of Lord George Gordon's followers was accompanied by bagpipes.— See Proceedings at the Trial. LADY ANNE'S LETTER. 177 was to have gone, as it would have made you very uneasy ; and before I found it, T was told all letters were opened at the post-oflice. Tliis was, perhaps, like many other reports, witli- out foundation ; however, it prevented my sending you my long letter. And perhaps it was l)etter ; for, as times go, * least said is soonest mended.' " As you have no doubt heard by the newspapers, &c., &c., of the dreadful situation London has been in, I shall not enter into any particulars of it. Such a scene my eyes never beheld, and I pray God I never may again ; and the situation of this place, which is high and very open, gave us an awful prospect of it. We were surrounded by flames ! Six different fires — with that of Newgate among the rest towering to the clouds — being full in our view at once, and every hour in expectation of this house and beautiful chaj^el making the seventh. Various causes were assigned for its being allotted to destruction ; but in times such as these, what is true or false is not easily come at, and the devas- tation seen so indiscriminate with all the felons in London let loose, that everything terrible might naturally be expected. For my own part, I was so fully persuaded of God's gracious protection over this place, that I was preserved from even a sensation of fear, and only felt for the miserable sufferers and the poor unhappy creatures who were the cause of it, and who were bringing misery and destruction on themselves and others, as well as reproach upon a cause they only made a cloak for their own violence. " I had been at my brother's that day (Tuesday, the 5 th day of the month), and had drove home as fast as I could about seven o'clock at night — being told the mob were gone to Newgate, and by the time I got home it was in flames. The appointed route, w""'' was always known, was said to be from thence to Clerkenwell Bridewell — the doors of which they burst open ; but as the prisoners were released they did not burn it ; and on their approach to the new prison, the doors of 178 HENRY ERSKINE. it were thrown open by the keepers — so it likewise escaped the flames. Our turn was next, and by this time the scene was truly horrible ; for the flames all around had got to such a height that the sky was like blood with the reflec- tion of them. The mob so near that we heard them knock- ing the irons off the prisoners ; which, together with the shouts of those they had released, the huzzas of the rioters, and the universal confusion of the whole neighbourhood, made it beyond description ! " Every moment fresh reports coming in of new fires being broke out — some true, some false : some that the Parliament House was on fire, others the Archbishop's palace at Lambeth ; but all agreeing in our danger, and friends kindly interested for the safety of dear Lady Huntingdon and the place flying to us with intelligence of their immediate approach. But God, who has the hearts of all men in his hands, and ' who stilleth the raging of the sea and the madness of the people,' was graciously pleased to turn them back in the moment of our danger ; and after the cry had been ' Now for Northampton Chapel ! ' some said, ' Wliy there ? ' others, " Better go to the Fleet prison and let us make another jail - delivery ! ' on which they turned about and went to the Fleet, where they were as good as their word ; and about two o'clock in the morning we were freed from any present danger from them. But we had the same scene the night fol- lowing. The fires in Holbourn blazing before us even more terrible than the others ; the mob in our neighbour- hood again, and expecting them every moment as before ; and the military, who were out in Holbourn firing upon the rioters, and those poor unhappy creatures sent into eternity so awfully unprepared for it, made more terrible, I think, even than the night before. Since that time we have been quiet and free from alarms of the kind I have mentioned ; but reflections on the consequences of such dis- turbances are always painful. But I do not wish to forebode ''NO POPRRVr 179 evil or write politicks, and will therefore only add that we are, thank God, all well. Lady Huntingdon greatly recovered from her long illness, and desires nie to assure you of her very kind love and thanks, and likewise to dear Lady Buchan. I have not seen Tom for some days, 1)nt they are all well. " Tom is a most terrible lazy letter-writer ; so whether you have heard from him or not I know not, as he has been mucli hurried, and took a very active part in saving the Temple from the danger it was in of being burned down. The lawyers have associated themselves, and protect their own territories, and have, besides, military — of which there is plenty to be seen everywhere, as you no doubt hear." The rioters who threatened Spafields had come from Clerken- well Bridewell. They were under the impression that the chapel was still the property of a Mr Maberley, who had in some way rendered himself obnoxious to them, and were about to pro- ceed to the destruction of it. But they were informed of their mistake, and that it belonged to Lady Huntingdon ; one of the mob (who was afterwards hanged at Newgate) observing, at the same time, that the place should be spared, because his mother was a member of the congregation of that chapel, they changed their minds, and passed on in quest of other prey. Lord George Gordon was duly brought to trial on a charge of high treason. He was successfully defended by Thomas Erskine, who had only very recently laid aside his sword and sash for the wig and gown. " In Thomas Erskine's speech," says Lord Campbell, in reference to this cause, " I find not only wonderful acuteness, powerful reasoning, enthusiastic zeal, and burning eloquence, but the most masterly view ever given of the English law of higli treason, the foundation of all our liberties.^ Dr Johnson was glad that Lord George ^ S<^e Lives of the CJianccllors, viii. 2.50. Little Miss Burney's "society" view of the situation was distinct : " ^fr Oreville says he knows not whether i8o HENRY ERSKINE. Gorduii hud escaped, rather tliau that a precedent shoukl have been established for hanging a man for " constructive treason." The efiect of such a precedent, had it existed, would have been most disastrous when, in 1793, trials for treason were unfor- tunately too common, and convictions sought by any means. Imagine the effects of such a weapon in the hands of Lord Braxfield ! On the death of Lady Huntingdon in 1790, it was found that by her will Lady Anne had been appointed her executrix, and, along with certain gentlemen, trustee. They very soon discovered that the continuance of the good order which had hitherto reigned in the Connexion could not be better insured than by intrusting the chief administration to Lady Anne Erskine, the only person who thoroughly under- stood the system pursued by Lady Huntingdon. Consequently she was asked, and consented, to occupy permanently Lady Huntingdon's house in Spafields, and from that centre to carry on the general management of affairs. It soon became apparent that these Methodists had made a wise choice, and that in Lady Anne they possessed a directress whose natural powers were of a very high order. A bountiful share of the gift which had been considered a characteristic of Lady Huntingdon was found to belong to Lady Anne — namely, the power, as it was expressed, of attracting the wluntary hom- age of free minds to a soul of a su]perior order; but in the case of the younger lady, tempered by a large measure of gentleness, moderation, and Christian wisdom, which latter seems hardly to liave been a quality conspicuous in her venerable prede- cessor, at all events in the latter years of her reign. This plain common -sense, wliich was unquestionably a gift inher- ited from her Scotch ancestry, seems to have characterised anything can be done to Lord George, and that quite shocks mc, as it is certain that in all equity and common-sense he is either mad enough for IMoorfields, or ■wicked enough for the Tower." — Letters, i. 402. LADY ANNE'S RULE. i8i all her dealings, and many of her sayings. Tims, though she was never a preacher, she would sometimes say, quietly, " We ought to run the race that is set before us. Every man and woman has a particular race. I have known great con- fusion in congregations because the manager will run the race of the minister, and the minister that of the manager." A woman one day called on her ladyship and observed that such a one ought to act differently in her family. " That is not your race," said Lady Anne ; " you run your race in your family, and leave her to run her race in hers." The zeal of Lady Huntingdon's people never failed during the twelve years of Lady Anne's administration. It was con- sidered remarkable that she seldom or never found herself without the means to supply the chapels and clergy under her care. On one occasion, when she had been forced to refuse aid, a lady, a stranger, called on her and left behind her on the table a letter addressed to Lady Anne Erskine ; it con- tained £500. Lady Anne begged to see the stranger again, and asked if it were really intended to place this sum at her free disposal. " Yes," the lady answered ; " my husband and my uncle have left me rich : I wish to honour the Lord with the first-fruits of my increase." It was on this, or some other similar occasion, that Lady Anne, much to her satisfaction, was enabled to take into the Connexion a chapel and congregation which hitherto had been refused admittance from want of funds, there being at the mo- ment not a farthing available for the purpose. There are several such stories of persons unknown to her bringing large sums of money, which they only asked that she would receive, and deal with as she thouoht fit. Such are the evidences of the universal confidence which her sterling character com- manded. Thus the good lady laboured on until she attained lier sixty- fifth year. She seldom left her Jittle abode, wliicli was usu- i82 HENRY ERSKINE. ally crowded throughout the day with persons of all classes, waiting for speech of the directress : undouljtedly close at- tention to her multifarious duties shortened her useful life. It is but fair to allow those who knew her best to speak of her character in her latter years. " To acuteness of dis- cernment and a tenacious memory, were added comprehen- sion, firmness, and energy. These commanding excellencies were softened down by the more captivating graces of ten- derness, commiseration, and urbanity. She was distinguished for that frankness, that openness to conviction, and that dis- interestedness in her conduct, which insure confidence and admiration." ^ It was the remark of the Eev. Henry Venn that he saw in Lady Huntingdon a " star of the very first magnitude in the religious world." If this were so, it is certain that Lady Anne Erskine must have shone with a brilliance scarcely if anything inferior in the same sphere of action. There were those indeed who considered that the mild but firm rule exer- cised by Lady Anne was more satisfactory than the founder's management of affairs had been, especially in view of the in- creased extent of the Connexion, whicli now extended to some twenty-three districts of England and Wales, — the affairs of which, with those of the college, were administered by this excellent lady. If such an example of the " monstrous regiment of women " — which John Knox denounced — be conceivable as that the affairs of a large section of the Church of Christ should ever be in female hands, it seems certain that in such a case it would be hardly possible for the work to be better done than it was in this instance. Lady Anne died in 1804 : her tomb may be seen in the burial-ground of Ihinhill-fields. During the whole of her residence in London, neither Henry Erskine, nor any of her brothers, ever lost an opportunity of visiting a sister ^ Life and Times of Sclina, Countess of Huntingdon, ii, 531. ''THE FEMALE BISHOP:' 183 of whom they were all justly proud. Henry Erskine's son, Henry David, twelfth Earl of Buchan, has written that he remembers, when a boy, going to see his aunt. Lady Anne, at her small and humbly furnished house in Spafields, and that she was "clever, lively, and exceedingly good-natured; short and plain, but very like his father in the face." " Thomas Erskine," he adds, " was very fond and proud of her, and never let many days pass without going to see her." It is a very noteworthy fact, that throughout the whole career, in which the duties which fell to the lot of this lady were neither few nor light, her Christianity seems to have been of that wholesome form which is not incompatible with a lively interest in the affairs of friends and relatives. Though engaged in a great work, which might have taxed to the utmost the energies of any bishop, she never was completely absorbed by affairs ; and was very far from conceiving the idea of withdrawing herself from the world. All this is very clearly shown by certain of her letters which recently came to light during the search for materials for this sketch of the Erskine family. It is believed that a few extracts from these will be read with interest, seeing that they afford evidence of the life and opinions of a very remarkable woman, about whom little is known beyond her title of the "Female Bishop ;" who was placed by circumstances in a position such as it is unlikely will ever be again occupied by one of her sex. The letters in question are nearly all addressed to Mrs Elizabeth Steuart of Coltness (commonly known as "Aunt Betty," as already mentioned), sister of Agnes, Lady Buchan, and aunt to Henry and the rest of that generation of Erskines; but as they do not coincide with the chronology of this narra- tive, the specimens have been placed in the Appendix.^ It may perhaps be added that in this correspondence there ^ See Appendix No. IV. J 84 HENRY ERSKINE. is as was most likely to be between two ladies so like-minded as were Lady Anne Erskine and Elizabeth Stenart, much of a deeply devotional nature, and much teclmical discussion, some- times can-ied on with the help of conventional signs which it has not been thought necessary to notice further in this record of family matters. ^/ J/'uAiyiLm^'C/cn^^ MK JiKSKINE AND THE ENGLISH CIIVKCII. 1.S5 CHAPTER VII. MR ERSKINE AND THE ENGLISH CHURCH SCOTCH ERISCOPACY AND JACOBITISM THE ERSKINES' PRAYER-BOOK AND BIBLE BISHOP SANDFORD — FERGUSSON OF HERMAND — IMPROVEMENTS AT UPHALL — LORD BUCHAn's MARRIAGE SCOTTISH PEERAGE ELECTIONS REMARK^VBLE CASE — MRS MURE OF CALDWELL AND DAVID HUME — NEW ASSEMBLY ROOMS xVNTIQUARIAN SOCIETY LORD BUCHAN AND HORACE WALPOLE HENRY ERSKINE AND HUGO ARNOT — LEITH PIER — TOASTS AND SENTIMENTS. It has been already said, on the authority of his son, that Mr Erskiiie, at the outset of his public life, had some tendency towards the English Clmtrch, notwithstanding the well-known and rigid adherence to the Presbyterian form for which he was afterwards distinguished, and which well became him as a ruling elder. It is probable that the strong convictions and devout feelings which characterised each member of this family in youth, disposed Henry Erskine to see beauty in the regu- larity of Episcopal order ; and, as a poet, to take delight in the noble thoughts, and language of rhythmical cadence, nowhere to be found in more perfect combination than in the Church of England's Liturgy. However this may be, it is certain that since the fiasco of the Greenshields Case early in the century, there had been a very marked change of feeling throughout the country, tending towards increased toleration — a symptom of falling away some tliought it. And honest I\o])ert W\»drow, in the innermost re- 1 86 HENRY ERSKINE. cesses of his note-books, has more than one piteous complaint of the inclination towards Episcopacy which was showing itself in his time.^ Later, at the period under notice, there were those among the Presbyterian clergy of Scotland who could even assert that they saw something to admire in the working of the Test Act, under which statute no one could hold office in Enorland without takinsj the Communion of the Church of England. It is not to be supposed that ]\Ir Erskine, whose large-mindedness was one of his most striking characteristics, would be outdone in liberality of feeling in a matter of this ]^ind, — Dr Carlyle's charge of fanaticism against Mr Erskine's party, notwithstanding. According to the common Scotch idiom, the phrase " Eng- lish Church" might mean either the Church of England or the Episcopal Church of Scotland. It is, however, most unlikely that it could have been with the latter that Mr Erskine entertained the idea of connecting himself. At the time in question, this Church was suffering to the Ml extent the effects of the penal laws enacted against her. To such an extent was this the case, that the very existence of the Church was threatened by the means taken to repress Episcopacy, which was understood to be only another name for Jacobitism. Henry Erskine, brought up as he had been, could not have been enamoured of what, after all, was looked upon as more an ex- pression of political feeling than of adherence to a separate faith or creed, involving the opposite of the opinions traditional in his family. Doubtless he must still have been struck with what was one of the most remarkable circumstances of his time — the godly lives of the clergy of the suffering Church. The good living of many of these men in an age of much roughness, to use no harsher term, in which, indeed, the clergy did not shine as examples, was so conspicuous, that, verily, it seemed no great marvel when it was affirmed that in at least one case, when the breath had left him, angels came to prepare ^ See Aiialcda, imssim. PR A YER - BOOK. 1 87 llic good man for his burial. In all these sufl'erings, however, which they endured, it never was pretended that it was alto- gether for their religion that they suffered/ so well was it understood that it was the political creed which was sought to be repressed. At this period Prince Charles Edward ^ was still living, and the Episcopal clergy had as little liking for the Hano- verian King George as they had for the Thirty-nine Articles. As for the laity, even when the Prince was known to be dead, and a better state of things aimed at, there were many of them who agreed with that stout old Jacobite, ]\Ir Ptoger of Aberdeen, that Bishop Skinner " might pray the clcnccs aff his breeks" before they would join in a prayer for King George, — an opinion in which the ladies concurred heartily. They were afflicted with colds and coughs of the most noisy description whenever his Majesty's name was mentioned in prayer. There is one little piece of evidence which supports Lord Buchan's statement of his father's inclination towards the English Church, or at all events shows that he had no antip- athy to her Liturgy in after years — namely, the existence of a very well-worn, and evidently well-read, old volume contain- ing Prayer-book and Bible, of date 1698, which he has cer- tainly made use of so far as to record in it, as he might have done in the " big Ha' Bible," in his ow^n clear handwriting, the 1 It was not exactly the text of Scripture to which these old Jacobites were wont to refer, in tossing off a sympathetic glass ; but rather an artful simulation of religion with well-bridled tongue— when they mentioned significantly ''James iiird and 8th." '- It is of set purpose that this form is used rather than the more common. There are still one or two fine old ladies of the type known to Sir Walter Scott and Lord Cockburn— the last blossoms of the "white rose," which can never flower again ; these would certainly receive the usual epithet with a flutter of the fan. This little bit of sentiment will very soon have passed away, with much more besides that was graceful. The only comment on the unhappy affair of '45 ever made by one of these old dames, unknown but by tradition to the present wrher, her relative, was (with a gentle sigh) — "He was an i7?-usit lad." 1 88 HENRY ERSKINE. events of his family, beginning with the entry of his marriage. The births of his children appear to have been noted by him in like manner from time to time. The volume in question seems to have been the property of his wife, and to have been given to her by her father shortly before her marriage. There is one circumstance not a little touching connected with this old Prayer-book, which may be mentioned. ]\Ir Erskine, as has been said, seems to have made all the entries of the births of his children ; but the deaths of one or two of them, who passed away while yet young, have been recorded, apparently at the time, by the sorrowing mother. This is as evident now, when more than a hundred years have gone by, as it was on the day when affliction fell upon their house. One or two of such entries are so blotted, but not with ink, as to be hardly legible. In the case of their second son, George Augus- tus Frederick, the poor mother has added to the record of his birth, — " And whom it pleased Almighty God to take unto him- self on Monday morning the 8th day of November 1784 — of 3 days' illness ; aged six weeks. These are severe tryals to fond parents'; and may that mercyful God who sees and trys us for our good, support us and every one under afflictions and tryals of various kinds, and make us most duly thankful for the present blessings and benefits we dayly and hourly are re- ceiving — and support a drooping heart for the loss of a lovely infant, who at this moment! trust is joining with all others in singing Thy praises, with Thy angels in Heaven, where all the good will meet, and wicked I trust be forgiven, thro' the inter- cession of our Blessed Eedeemer." The word Hermand is just traceable in this sad record. Whether the death of her child took place at the house of their friend, who afterwards became Lord Hermand, or it alludes to some expression of sympathy l)y George Fergusson, whose love for children was proverbial, it is impossible to say ; the entry is nearly obliterated. JUSirOP SAND FORD. 189 It was un the death of his own first cliihl tliat Mr Erskiiie wrote the following lines, wliicli he entitled — Verses for a Bracelet of the Hair of my Daughter^ Anne Mary Erskiiie, icho died 20th Dec. 1774, aged 22 months. Come, Patience, come to dry a Parent's Tears ! Come, bright-eyed Hope, to cheer their future years : Teach tliem to bless the chastening Rod, That made their mortal child a Child of God. Teach them to praise that God, with grateful mind, For Babes that yet may come — for one still left behind. ^ "In July 1783," writes Lord Buchan, " Mr Erskine was made supremely happy by the birth of his eldest son. The air, ' Bannocks of Barley Meal,' was being played under his windows in George Square, and Scott of Harden came to see the boy an hour or so after his birth. These circumstances Mr Erskine was pleased to recall, looking upon them as hap- pily ominous of friends and plenty for his heir." If further evidence of Mr Erskine's liberality and unsec- tarian feeling were needed, it might perhaps l)e found in the fact that when, a little further on, he was o\^erwhelmed with his work at the Bar, and unable to give the requisite attention to the education of his eldest son, he — as that son has written — felt much satisfaction when he had induced an excellent clergyman of the Church of England to undertake the direction of his boy's studies. This clergyman was the respected Dr Sandford, a man of much accomplishment and learning, " who had the character here, as at Oxford, of being at once a tine scholar and a deep divine." ^ He afterwards became Bishop of Edinburgh, in the Episcopal Church of Scotland; but at the time in question he ministered to a small congregation of 1 The lines are to be found in the ^IS. volume of Mr Erskine's poems ; but they are given here as copied from the gold bracelet clasp itself, which contains the hair mentioned, now in the possession of ]\Irs Alexander Fcrgusson, a great- grand-daughter of Henry Erskine. - Peter's Letters to his Kinsfolk. 190 HENRY ERSKINE. English residents in Edinburgh, whose place of worship was a hall somewhere in the neighbourhood of Register Street, until the little chapel in York Place was built. " Moreover," writes Lord Buchan, " Dr Sandford's wife was some connection of our family." ^ His lordship recalls the fact of his being, as a boy, carried by his friend to visit Professor Dugald Stewart at the pretty little house called Lothian Hut, formerly belonging to the Lothian family, as described by Chambers. It stood at the back of the Canongate, and has long since been swept away. Here he remembered meeting Henry Brougham, and Henry Petty, afterwards Lord Lansdowne, who was a pupil of Stewart's. Also, he believed, it was Henry Temple (Lord Palmerston) who beat them all at jumping on the lawn after dinner. George Fergusson of Hermand, whose name has been men- tioned, and who afterwards became a judge of the Court of Session, with the designation of Lord Hermand, although of opposite political views, was one of the friends of the Erskines. His character and strong peculiarities have been described at considerable length by Lord Cockburn and John Gibson Lock- hart. Tremendous energy — hirr they called it — was the chief characteristic of this excellent lawyer and most tender-hearted man. Lord Hermand was the last connecting link between the old school of Scotch lawyers and the new, as represented by Cockburn, Jeffrey, and IMoncreiff, into whom he vainly tried to instil a taste for the deep potations and antiquated jokes of the Bar of his time. For many years one of the most striking figures in tlie Parliament House was the tall, thin, and imposing form of Lord Hermand. Especially on a Saturday, wdien the rules regarding costume — never very strict among Scotch advocates — were so far relaxed as to admit of riding-dress l)eing worn under the long robe. Lord Hermand ^ The wife of Bishop Sandford was Frances Catherine Doughis, grand-daughter of Sir William Douglas of Kelhead, of the Queensberry family ; and so, a descend- ant of David Erskine, second Lord Cardross. — See Douglases Peerage. FERGUSSON OF IfERMANJ). 191 would appear in Cuurt booted and spurred, willi a ridiii^-cuat of splendid hue, — pea-green, Ijright mazarine-ljlue, or " drum- mer's yellow," accordiug to the fashion then in vogue, but always with buckskin breeches and top-boots, ready to ride off to liis country-house, as was the habit with many of the judges and other members of the profession who were so fortunate as to have properties in the neighbourhood of Edinburgli. On these Saturday mornings the horses and grooms, drawn up in lines in the Parliament Close, waiting the rising of tlie Court, are described as resembling a troop of cavalry picketed. Lockhart is very severe on the absence of punctilio in dress exhibited by Scotch advocates in the early part of this cen- tury, as compared with the attention to such matters shown by their English brethren. A gown, he thought, inferred dress, and demanded corresponding garments under it ;^ nothing short of the sleekest black cloth was appropriate. It is feared the tendencies of the present age are not in the direction of this tlieory. While the two younger brothers were actively engaged in the arena of law and politics, the elder was usefully employed at home. When David, Earl of Buchan, succeeded to his title, he did not at once occupy the House of Uphall, liis mother having possession ; but he settled for a time at Middleton, within a very short distance of the family residence. He found his estate cultivated in a fashion little better than had been in vogue in the days of the Knights Templars, who had at one time possessed part of the Stewart lands. The young Earl set himself to effect, by precept and example, many inno- vations in husbandry, which were long in being accejited as improvements. The farmers, for instance, could not be induced to see the advantage of enclosing their fields, or of the use of artificial grasses, sununer fallow, and so on. Especially it was his endeavour to do away with the objectionable ]»ractice of ^ See Peter's Letters to his Kinsfolk. 192 HENRY ERSKINE. rmi'rig, which had been customary in Scotland from time immemorial, and is not, it is believed, yet quite extinct. Under this practice single ridges of a field were held by different tenants, often alternately, the rigs being separated by a narrow neutral strip of ground, called the " balk," whereon the accumulated weeds and stones of ages were deposited. A bank was thus formed, gradually increasing in breadth, till in some cases a third of the area of the field was taken up by hoik. Moreover, the evil was aggravated by the ridges not being straight, and by the fact that means of access to the different ridges had to be provided for the several tenants, whereby further loss of good land was entailed. A system more fatal to a cleanly tilth could hardly be imagined.^ These, and the like evil customs, Lord Buchan set himself to correct ; and, with the institution of leases of nineteen, and thirty-eight years, he did much to advance the system of agriculture ; which his tenants acknowledged when they l^egan to find their pockets benefited. In such pursuits, and in efforts, which were not unsuccess- ful, to promote the cause of science and a higher taste for the fine arts, the Earl devoted the greater part of his life. Not long after succeeding to his title. Lord Buchan married his cousin Margaret, daughter of William Fraser of Fraserfield, or Balgownie. Her grandmother was Catherine, daughter of the fourth Lord Cardross (ninth Earl of Buchan), and had married ^ This ancient system lias been thought to have had its origin in the desire to render a community, or family, more zealous in the defence of the land against invaders. It is as likely that impartiality in the case of the division of lands among co-heirs may have helped to establish it. The old Scotch law process of "kenning a widow to herterce," is an instance of such impartiality, when every third acre from cast or west was the widow's share. Dr William Skene has noted that the system of " run-rig" survives in the Western Islands of Scot- land. — Celtic Scotland, iii. 372. I have been informed, on excellent authority, that even in East Lothian there have been cases of "run-rig " tenure within the knowledge of my informant. The expense and difficulty of the process of "ex- cambion " — the only remedy — appears to have perpetuated the evil, which was sought to be discouraged by old enactment — e.g., Will., par. 1, scss. 5, cap. 23. LADY SALTOUN. 193 the Liiinl of Frasorlii.5lil of that day. His luotlier was Margaret Sliar[). On the nicniorable day when Arclibisliop Sharp met his deatli on Magus IMiiir at the liands of a few Ijloodtliirsty fanatics, tliis IVIargaret, afterwards Lady Saltoun, one of liis tliree daugliters, was on a visit to a connection of liers at Elie, in Fifeshire. As rumours of the catastrophe readied th(i town, terror and grief fell on Lady Saltoun ; her mind was filled with an overwhelming desire to be with her father, and to know the worst that had befallen him. There was no means of reacliing St Andrews from Elie ; but without a mo- ment's delay, she set out on foot, expecting to find at Colins- burgh, some two miles off, conveyance to carry her on her journey. She had not, however, gone further than the " "White Yett " of Elie when, finding she did not make the speed her burning anxiety demanded, Lady Saltoun cast off her high- heeled shoes, and performed the rest of the journey " on her stocking-soles." ^ This earnest-minded lady was the wife of William Eraser, eleventh Lord Saltoun ; and Margaret Eraser, who became Countess of Buchan in 1771, as has been said, was her descendant in the third generation. Earl David, amongst other schemes of reform, applied him- self in those days to remedy an evil which accorded ill witli his strong feelings of independence. For long the election of the sixteen Scotch peers to serve in Parliament had been con- ducted in a manner by no means in agreement with the spirit of the Act of Union, inasmuch as, instead of the free exercise of the franchise by the Scotch nobility, a custom liad crept in of lists, including the names only of those peers wlio might be considered to favour the views of the administration, being sent down by the Government for adoption. It is sad to liave to chronicle the fact, but the self-respect of the Scotch nobil- ity liad fallen so low as to admit of these lists being accepted without question. Consecpu^ntly a meeting of (lie jx'ors, for ' See Eii^i Srvl- of Fih'. N 194 HENRY ERSKINE. the purpose of election, had become a farce, as they simply assembled to return the sixteen nobles whose names had been prescribed to them. Lord Buchan felt the degradation connected with this sys- tem so deeply, that he let it be understood that he should con- sider it a point of honour to ask the company at the Figgate Wliins of " any one who presumed to put such a paper before him." Such was the custom which the young Earl set himself to put down ; and he did succeed ultimately in putting it down, almost single-handed. For this he deserves the grateful re- membrance of all true Scotchmen. It was on the occasion of a general election of representative peers in April 1768, that Lord Buchan made his stand pub- licly against this system. Some weeks before he had offered himself as a candidate on the basis of a free election, " free and independent of every influence whatsoever." -^ But the odium attaching to a reformer bore hea\dly upon him ; and when the lists were given in it was found that the Earl of Buchan had only one vote — namely, his oivn. At the election of peers it is the custom for each nobleman present to hand in to the Lord Clerk Eegister a list of the peers for whom he votes. On this occasion, when it came to the Earl of Buchan's turn to hand in his list, he stood up, and addressed the Lord Clerk Eegister — " My lord, without the least reference to the Minister or his agents, I vote for the following peers," — reading his list. Before the return of the election was made and written out, the Earl of Buchan likewise submitted '* a protest," in which he declared his unwillingness that his " name should be handed down to posterity as joining or acquiescing in a ministerial and unconstitutional nomination of sixteen peers to represent the Peerage of Scotland in rarliament. . . . And that whereas a ^ See Lord Bucliau's letter, dated Murcli 21, 1768, in Hcois Magazine o{ Hvdi year, p. 286. REPRESENTATIVE PEERS' ELECTIONS. 195 li.st uf sixteen peers fur Scotland had been framed lung before the time of this election, by persons in high trust under the Crown ; and that such lists had been in a most scandalous manner called by the most sacred name of the K — g's L — , to the prostitution of that most venerable authority, wliich it was well known could not be used constitutionally in matters of election declared to be free by the most important charters of British liberty." Therefore, he concluded, " We cannot but be filled with the highest indignation at the attempts whicli have been but too successfully made to reduce the election of the sixteen peers of Scotland to a mere ministerial nomination, at once disgraceful to the community and subversive of the freedom of Parliament." ^ In his protest he also asserts that these lists had been dar- ingly shown to several peers then present ; and even hints at " intimidation " having been resorted to to gain the Minister's end. To this protest no peer, present or absent, adhered. On the contrary, it was affirmed by those present, mm. con., that they had never heard of a list called the King's list, nor of any such attempts to exert undue influence as those mentioned by Lord Buchan. From this time forward Lord Buchan constituted himself, and was accepted in some degree by others, as the champion of the purity and independence of the peers' elections, although he himself usually refrained from voting. Much of the corre- spondence of his lordship, as well as of Mr Erskine, consists of letters addressed to them by Scotch peers on almost every one of the many occasions when discussion arose on points con- nected with claims and protests. One remarkable instance of this kind which interested him much, a few years after the period above mentioned, is recorded in one of the few fragments of Lord Buchan's diary whicli are known to exist. As the details of this case are probably alto- ' Proceedings relating to the Peerage of Scotland, by William Robertson. E.lin., 1790. 196 HENRY ERSKINE, gether uuknuwii at the present day, and are of some import- ance, they may be briefly noted as they are to be found in Lord Buchan's own handwriting. Under date " St Andrew Square, Edinburgh, August 11th 1784," he has recorded: " This evening Lord Selkirk sate with me two hours, and gave me a very full account of his transactions at London with adminis- tration, concerning the late election of the Sixteen Peers, which had been more warmly contested, and attended with more singular circumstances, than any election of that sort since the Union of the Kingdoms." It appeared that Lord Selkirk and Lord Kinnaird had entered a protest after the general election on the 8th of May — first, against the return of the Marquis of Lothian and the Earl of Morton, as having eacli had bad votes on their lists, which, if proved to be so, would have given the protesting lords a majority ; and secondly, a general protest against the validity of the election, founded on its informality. By the Act of the 6th of Queen Anne, regulating the mode of election of the peers of Scotland, it is laid down that the Lord Clerk Eegister, or in his stead two clerks of Session acting as his deputies, shall receive the ^^oting lists of the peers, and compare them in the peers' presence, thereafter making up the return in the same manner. But it was alleg^ed that in the election in question this rule had not been complied with, but that the clerks had retired to another apartment and compared the lists, with closed doors, and without the presence of wit- nesses. All this was stated to have been done in spite of objections made as to the informality and illegality of the proceeding. On these grounds, it appears. Lords Selkirk and Kinnaird had determined to establish their own claims to be among the duly elected peers — or, failing in this, to attempt the invalidation of tlie entire proceedings. The votes considered to be bad seem to have been those of Lords Lindores, and Colvile of Ochiltree. The Lord Advocate having made his report on the case, and the law regarding the elections of SINGULAR CASE. 197 peers having been considered l^y the Government, " the Ministry," writes Lord Buclian, " became apprehensive of the consequences ; and it was whispered that Mr Ishiy Camp- bell (the Lord Advocate) had actually prepared measures in case the business sliould be taken up to the House of Lords." Upon this Lord Selkirk went up to London, and on the very night of his arrival was informed by Lord Mahon of the " dis- agreeable dilemma " into which the JMinister and Cabinet had been thrown by the discussion of this matter, and more espe- cially from a circumstance which had been suggested by the Lord Chancellor, after communication with Lord Camden, as likel}^ to be most embarrassing should Lord Selkirk press his resolution, — namely, " That if that election should be found invalid, then all the proceedings of the present Parliament would fall to the ground in consequence of no representation having legally existed in the House of Peers from Scotland, and that, of course, a new Parliament must be summoned, and the affairs of the nation throw^n into y*^ greatest confusion." " This singular occurrence," it was represented, could be of no advantage to Lord Selkirk " or his order." An interview was proposed between him. Lord Thurlow, and the Minister ; but not even with the Lord Advocate's ingenuity did there seem to be any escape from the predicament, as appeared when Lord Selkirk, with fresh notes from Scotland, " waited on the Chancellor and Mr Pitt, and held a very full discussion of the subject with both these Ministers." The Chancellor's view in dissuading Lord Selkirk from taking further steps was that, " in so desperate a dilemma as that which would force a dissolution of Parliament, or calling up the wliole peers of Scotland to the House of Peers (wliich had actually been proposed in the Cabinet as an alternative), the question would not probably have a fair discussion, but, from State necessity, would terminate either in a decision favoural)le to the legality of the election, however informal, or in summoning all the peers who had voted on that occasion to appear before the 1 98 HENRY ERSKINE. Committee of I^rivileges in the House of Lords, there to authenticate their lists," and so remove all doubts. At this stage of the business the Lord Chancellor skilfully introduced the statement that he had been " sensible of the disagreeable situation in which the peers of Scotland had been ever since the Union, and [he] should be glad to see it amended by a new law, though he confessed he was not suf- ficiently acquainted with y*^ suljject to be able to point out, at present, by what means so desirable an object could be attained." Lord Selkirk, while representing that he was not justified in abandoning the case intrusted to him by several Scotch noblemen, seems to have prudently inclined to take advantage of what amounted to a promise, that the Government would receive favourably a petition for the relief of the Scotch peers from sundry inconveniences with which their elections were surrounded. After seeing such of the Scotch nobles as were in London, the Lords Selkirk and Kinnaird hastened down to Edinburgh, expecting to find a considerable number of the Scotch peers attending the Leith Eaces, to whom they intended to submit the terms of the petition. In this they were somewhat disappointed, as there were few of the peers in town at that time. Twenty names were, however, obtained to the resolutions agreed upon, and a hope is significantly expressed " that the timidity of the dependant peers and the servility of the richer will be removed ; " and that in the course of the autumn and in the beginning of the winter it may be practicable to have the petition ready for presentation during the winter session of Parliament. It is added by Lord Buchan that Lord Selkirk seems to have thought Mr Pitt sincere in his wish to benefit the Scotch nobles " as a means of exhibiting his popularity (sic) to the Scotch, and strengthening himself in his present precarious situation." Lord Buchan, in his diary, from which this story has been condensed as much as possible, while comparing this case ELECTION LAW. i99 with his uWH efforts in the same direction in 1708, Ijears testimony to the loyalty of the Earl of Selkirk t(j his brother peers throughout this curious transaction; and adds that no " hopes of a hereditary seat or of patronage to his family," could shake the lionesty of his intentions towards those of his order in whose behalf he was acting. As to the real meaning of this forgotten incident in the liistory of the Scottish Peerage, the probability seems strong that the Minister, and Lord Thurlow — who was none of the most scrupulous — started the question of the validity of pro- ceedings in Parliament, in view of the alleged informality in the election of the peers, simply for the purpose of fright- ening Lord Selkirk and his following with the possible con- sequences in case of their persisting — in fact, to choke Inm off. If so, the T%m seems to have proved successful. The question how far a doubtful or bad election can affect the proceedings of Parliament, is of interest in view of events in our own time. But notwithstanding all that the Prime Minister and Lord Chancellor are stated to have urged to the contrary, surely it may be affirmed that the responsibility of an election lies upon the electors, and that no mistake or informality on their part can invalidate the proceedings of a Parliament to which they ought to have sent properly elected representatives. This seems common-sense, but it may not, therefore, be law. It may be added, that inquiry has failed to elicit evidence of any palpable improvement connected with the routine of the peers' election having followed the hopes held out by tlio Minister. ^ 1 Procccdlncjs relating to the Peerage in Scotland, by William Robertson, one of the Deputes of the Lord Clerk Register (Edin., 1790), is the authoritative record of everything connected with the peers' elections down to that date. The reasons are intelligible why little notice is taken in this book of the curious ease above detailed. In reference to a protest by Lords Selkirk and Lauderdale at the General Election of Peers on the 8th .May 1784, in respect that the same was not made and duly examined in terms of the Act 6th of Queen Anne, ch. 23., 2 00 HENRY ERSKINE. A little later than this period Lurd Buchau's interest in the election of the peers is shown in an amusing letter, written by Mrs K. Mure to Mrs Elizabeth Steuart of Colt- ness : " To-morrow's election is the only conversation at present, and will run very near. Your friend Lord Buchan very busy and very keen. I own I wish against him for L^' Cathcart, as I daresay L'^' Dumfries will never go twice to the House, nor fash his head about the business of it, which he never would understand. It is his wife is the reall candidate : if she could be the peer, it would do very well. Lord Cathcart is a young man, with very good talents — made a figure once as lawyer here : he has a large family, and may be benefited by it. There is not half of our sixteen can afford to be independant, as they call themselves : they all would take either a post or pension could they get it. Lord Selkirk and Lord Buchan are the active two ; Lord Dumfries does little. This town killed I don't know many peers after L'^" Hyndford and Lord Kinoul dyed. I heard L^- Buchan was dead, and sent to his house to inquire for him ; he was just come to town — had a trifiling cold. It would be a sad loss to Harry, who, if he live, will make his fine boy a very rich Earl. He makes more of his business than ever any lawyer did — above 2700 a-year for two years back." -^ The writer of this letter was the wife of Baron Mure, the same lady who, at an earlier stage of this narrative, was men- a footnote explains, that "at the election the clerks, after receiving the votes of the peers, left the room where the peers were assembled and the election made, which was extremely crowded, and retired to a separate appartment in order to make a scrutiny and to class the votes, which were very complicated. In this separate appartment the principal clerks, with their attendants, remained several hours shut up. It is believed that the protest of the Earls of Selkirk and Lauder- dale is founded on that circumstance " — p. 424. Further on it is noted, under date 18th May, that "no motion as to the merits of this election was made in the House of Lords. " It is probable that the author of the work in question was one of the clerks to whose irregularity all the turmoil was attriliutalile. 1 PoUon MS. DAVID HUME'S LETTERS. 201 lioiied ill coiiiiection with her practical joking at Harrogate, when her cousin, Thomas Erskine, was young. She was celebrated for her beauty and wit, but aljove all, for " a certain lively eccentricity of character," which made her society and the cnMc to her brilliant gatherings at Aljbeyhill, a suburban villa near Holyrood, much sought after for many years. Her letters are amongst the most amusing of the family papers of this period that have been consulted. The style is racy to a degree, and often shows trace of the wit for whicli she was remarkable. For many years, amongst her chief cor- respondents were Lady Hester Pitt, afterwards Lady Chatham, and Aunt Betty. There can hardly be imagined more " divert- ing " reading than the letters to Aunt Betty, who, for all her advanced Christianity, loved a good story, and to hear what the people of her own class were doing in Edinburgh. The gossip, and now and then the scandal of the town, were served up hot and crisp, which no one could do with a lighter hand than Katherine Mure. Mrs Mure's chief pride was in the friendship she and her luisband enjoyed with David Hume, the historian. Many of his letters to these friends would have been an acquisition to the small collection belonging to the Ptoyal Society, and published by another historian, Dr John Hill Burton. But a sad fatality befell these letters from Hume, which Mrs ]\Iure had been treasuring for many years, knowing how valual)le they would be after his death. For greater safety the goodl}' packet had been hidden away in a chest of drawers in a little-used room in her house in Edinburgh. Some time after the death of her old friend, she bethought her of this carefully hoarded correspondence, and wishing to show it to some of her intimates, proceeded to the drawer where it had lain so long. But she fcnind it not. CalUng up her housekeeper, she desired her to make search for the bundle of jMr Hume's letters. After listening to a full description of the locality where they had been, the tlnifty housekeeper exclaimed — 202 HENRY ERSKINE. " Eh, sirs ! is't von broon paper parcel o' auld letters ? They've been o' niuckle use to me and the cook, for singiii hens, this twalmonth by past." There were not wanting those who thought that this mishap was providential, and matter for rejoicing rather than regret. When the historian was drawing near his end, he sent for Mrs Mure to say good-bye to her. He, at the same time, gave her a copy of the last pubKshed edition of his History. She thanked him for the keepsake, and added in her native dialect, which she and the historian spoke in great purity — " Dauvid, that's a book ye may weel be prood o' ! — but before ye dee, ye should burn a' yer ivcc hookies^ To which the philosopher, with difficulty raising himself on his arm, was only able to reply with some little show of vehe- mence, — " What for should I burn a' my wee bookies ? " But too weak for discussion, he gently took the hand of his old friend, and bade her farewell.^ A very great step in the direction of an elegant taste was considered to have been taken when the rooms in Assembly Close were finally abandoned, and the handsome new rooms in George Street established as the scene of fashionable festivities. It is difficult to imagine a more striking change, or one more likely to affect the general style of manners in such matters. This will be readily believed by any one who, liaving seen these beautiful rooms, will read the description by Hugo Arnot (already quoted) of the discomforts endured by the votaries of pleasure in the dingy apartments which were about to be deserted, in the year 1784. Mr Erskine is connected with the last scene in the history of the old Assembly Rooms. On the 19th November 1785, a bill of suspension was presented in the Court of Session, in name of the proprietors of houses in the New Assembly Close, to restrain the magistrates from placing the City Guard in ^ Mrs Mure died in 1820, aged 86.— Caldwell Papers. iV^/K ASSEMBLY ROOMS. 203 wliat had been the Assembly lioonis, on the ground of the detriment wliicli such an arrangement wouhl cause to their property. Mr Erskine appeared for tlie suspenders, Mi George Buchan for tlie magistrates. The Court held that the injury anticipated was hypothetical, and that they had better " take a trial " of the arrangement, which was understood to be only temporary. That same afternoon they began to pull down the old guard-house.-^ It has been recorded by Lord Cockburn how, in the new ball-room the same strict discipline was enforced as in the old time, though Miss Nicky Murray had passed away, and with her the charitable provision from the proceeds of the balls for Workhouse and Infirmary ; and how the " oranges and the tea were under exact regulations." Mr Erskine, who still shone amongst the dancers — a circum- stance that was afterwards " cast up to him " — used to relate several little anecdotes regarding this etiquette of oranges. One country youth, he remembered, who was more at home with the compounding of certain festive beverages at midnight than with the routine of the ball-room, yet wishing to do l)y his partner everything that was right, thus addressed the young lady at the close of a dance — " Miss, wud ye tak' a Iccmon ? " It frequently happened that a young lady suddenly called upon to dance would hand over to another, whose fate it was to " sit out," the refreshment upon which she had been engaged, witli a caution against an undue consumption of the fruit. It is hard to believe that these beautiful rooms could ever liave been the scene of such barbarity. Though there could have been little to regret in the deser- tion of the old rooms, ^ yet if we may believe the fastidious ^ Scots Magazine. 2 Cliambcrs has noticed that tlie Edinburgh Assemblies were not directly removed from the Assembly Close to George Street, but were held for a time in a house which stood on the site of the old Commercial Bank, in a wyud to the eastward of the Old Assembly Close. 2 04 HENRY ERSKINE. Tkco;phrastus, there was a melancholy falling off in the style of dancing in vogue in the year 178G. The grace and poetry of motion had given place to absurdity. Whereas, he says, formerly " minuets were danced by each set previous to the country-dances," now, '' in an assembly of as elegant and beautiful women as any in Europe, country- dances are only used, which have often a nearer resemblance to a game of romps than elegant and graceful dancing." -^ But it should be noted, in fairness, that this decadence in the style of dancing w^as not peculiarly Scotch. A year or two previously, Mrs Montague, writing from Tunbridge Wells, complained that " Minout dancing " was out of fashion for the time ; and that, from the military air and dress of many of the ladies, she should not be surprised " if backsword and cudgell playing" should take its place. ^ The Countess of Buchan was a regular attendant at these balls, " usually," says her nephew, '• followed by a bevy of Frasers, and other young damsels from the north." Henry Erskine was straining his energies to bring the frag- ments of the Whig party together to bear upon the question of Mr Fox's East India Bill, wliile his brother. Lord Buchan, was equally zealous in his exertions to obtain a Charter of Incor- poration for the Society of Antiquaries, which, mainly by his persevering efforts, had been established three years before. The Society from the first had been very popular. A majority of the best-know^n gentlemen in Scotland were among the first members, as well as many distinguished Englishmen and foreigners. The name of the Honble. Henry Erskine heads the list of ordinary members, dating from the first regular meeting on 14th November 1780. It is curious, in looking over the list of the earliest members, to note how many a " Scot abroad " was, it would seem, glad to take advantage of this ^ See Creech's Fugitive Pieces. - Letters of a Lady of the Last Century, edited by Dr Doran, p. 245. SOCIETY OF ANTIQUARIES. 205 institution to connect himself by a tie, no mattci- liow sli^lit, with the motherhmd. Amongst the names occurring in the first year or two are: Abbe John Thomson, Eome ; Carolus Erskine, Prelato domestico I)i Sua Santita ; IVIr James Young, President of the Scots College at Douay ; Fabianus a Gordon, Colonel of Horse in the service of the King of Poland ; Carolus a Gordon, Major of Foot in the same service ; and many others. According to the scheme at first put forth by Lord Buchan, the objects of this Society's attention were not limited to antiquities alone, but included the natural productions of the country. This department of their work was placed under Mr William Smellie, whom they styled Superintendent of the Mu- seum of Natural History ; he was expected to give a course of lectures on the philosophy of " Natural History " — a term which appears to have embraced most of the details usually included in the statistical report of a district. Indeed the forms which were prepared by Lord Buchan, to be forwarded to each parish, with a view to the collection of such information as the Society desired, were precisely those that were adopted, at a later date, by Sir John Sinclair, for the production of his crreat work, the Old Statistical Account of Scotland. The original plan of the Society also included, under the title of the " Caledonian Temple of Fame," the details of an elaborate system of balloting, by means of which it was in- tended to confer everlasting glory upon Scotchmen alive and dead. The voting was to have extended over a series of years, in some cases. Probably the Earl himself expected to be enshrined in the Temple; had lie been so, he would have had it pretty much to himself, seeing that under the rules for selection, which were simply ridiculous, there was little chance of any nomination meeting with the requisite support, except, perhaps, in the cases of Sir William A\'all;ice, King Robert Bruce, and possibly one or two more. Strange as it may seem, the proposal to incorporate, under a Pioyal Charter, this apparently very harmless fraternity, met 2o6 HENRY ERSKINE. with bitter opposition, and that from quarters where different views miglit have been looked for. The petition for a Eoyal Charter w^as in due course referred to the Lord Advocate, Henry Dundas; but before further steps were taken, a caveat was entered by the Principal and a number of the Professors of the University of Edinljurgh. Certain of the Curators of the Advocates' Library, and office-bearers of the Philosophical Society, likewise protested against the proposed o-rant of a Charter. o The reasons advanced by the professors were a little far- fetched. They pointed out, that though there were two literary societies in England, Scotland was " too narrow a country " for more than one, as every one must allow ; and that the formation of a Pioyal Society, including every branch of literature and science, would be better, and " that Scotland ought not to form her literary plans on the model of the more extensive kingdoms of Europe." To this it was replied that Scotland was not too narrow " to support with dignity four flourishing universities," consequently could well admit of another literary society. With regard to the lectures on Natural History, which the University author- ities dreaded, it was pointed out that the philosophy of Natural History w^as the subject of the proposed lectures by the Super- intendent, who did not aim at the teaching of the science. Moreover, it appeared that the professor of this same science, at the College, though established in his chair seven years before this period, had not once opened his mouth, in the way of a lecture, during all that time. Tlie x4.dvocates were afraid lest ancient MSS., and such objects of literary interest as they had been in the habit of receiving, might go past tliem to tlie newly formed society. Obviously the objections had been " dictated by an ill-founded jealousy." The Lord Advocate thought so, for the Charter was granted the day after the receipt of the Antiquaries' re- joinder to tlie objections raised, — his Majesty signifying, at HORACE WALPOLE. 207 tlie same time, his wish tu assume the office of Patron of the Society. Along with the " raggamuffins " ^ (tliougli not, perhaps, of them) witli wliom it was alleged Lord Biichan was swamping the new Society, was Horace Walpole. A one-fold ingenu- ousness does not appear to have been a characteristic of his correspondence with Lord Buchan at this time. While desirous of leading Lady Ossory to tliink that he was reluctantly drawn into a correspondence with the Scotch peer, and that he had tried to disentangle himself, sometimes writing " with a smile," of which, however, there is little, if any, trace in his letters, he was yet not unwilling to take advantage of the scraps of gossip which reached him in this way of the doings of Scotch gentlemen. The interesting fact, conveyed to Lady Ossory, that Lord Monboddo had twice proposed to Mrs Garrick and been refused, — " whether because he says in liis book that men were born with tails, or because they had lost them," Walpole did not know,^ — was most likely gathered from one of Lord Buchan's letters ; at all events, the correspondence witli the Earl of Buchan gave the wit, for years to come, material for his gibes at all learned societies. The following is the letter to Lord Buchan which it suited Walpole, when writing to Lady Ossory, to affect was written with the intention of quizzing his correspondent, — the letter in which he " terrified himself " lest a blunder in the first cata- logue of the Society " should be construed into an intended aspersion " of Queen Mary : — ^ " Lord Buchan is kicking up a sad dust about his Antiquarian Society, lie wants a Royal Charter, which the University and tlie Faculty of Advocates are to oppose. . . . He has admitted such a number of ragamuffins into the So- ciety, that the respectable members are resigning very fast, and joining the Uni- versity and Faculty of Advocates in an application for a Royal Charter for a new society, to include every sort of literature, on the plan of the Berlin Society." — See Letter, dated Nov. 30, 178-2, from Professor Dalzdl to IMr Liston at Turin. Hist, of University of Edinburgh, i. 39. - Letters (Cunningham's edit.), Nov. :>, 17S2, viii. 297. 2o8 HENRY ERSKINE. "Strawberry Hill, Nov. 5, 1782. " . . . My memory is, I suspect, not so punctual as it used to be. . . . I will mention, since I did not, a typographic error which I now recollect, tho' liaving lost the tract, I cannot specify the page, but it is in the ca,talogue of donations. One of the first-mentioned coins of Queen Mary, the reverse is said to exhibit a satyr instead of a saltyr. This blunder may make some of her Majesty's censors smile. " I congratulate your Lordship on the new treasures you have discovered. Drummond of Hawthornden is a favourite author with me, and the letters of Ben Johnson and Drayton I should expect to contain some interesting literary anecdotes. Q. Eliza- beth's letter on the Conspiracy of the Gowries can hardly be indifferent. There are few historic events which has been less satisfactorily cleared up. The plot, if certain, was un- accountably wild : if unfounded, was not the less absurdly invented. I have sometimes suspected that the Gowries, hav- ing drawn the king into their power, might menace him to extort some favours which his JMajesty's poltroonery might mao-nify, and then colour over with pretended fortitude and presence of mind, which in so servile an age was sure of being exaggerated and cried up to the skies. " If your Lordship should print any account of John Law, the Mississipian, and wish to give a print of him, I have a portrait of him by Kosalba — the best I ever saw by her hand, and which must be extremely like, as it is the very image of liis daughter. Lady Wallingford, now living. As the picture is in crayons, and even let into the wainscot of my gallery, it cannot be taken down ; the artist must therefore make the drawing from where it is. " The discoveries made l)y tlie telescope, which your Lord- ship has been so good as to communicate, are stupendous in- deed ! You have launched my meditations into such a vast field, that if I stopped one channel I sliould write a volume, and perhaps finish in the clouds. One wish I cannot help ERSKINE AND THE ANTIQUARIES. 209 expressing — it is, that since our eyes can be so wonderfully assisted, we coud also improve others of our senses. Since we contrive to see 1710 millions of miles beyond the sun, one slioud tliink it possible to form a trumpet for hearing what is said in the moon, which, in comparison, is Ijut just over the way. I don't wonder that Bishop Wilkins was am- bitious of getting thither, even upon the very narrow fund of knowledge that he then possessed.^ . . . "Horace Walpole." It does not appear that Mr Erskine was very regular in attendance at the meetings of the Antiquarian Society ; on the contrary, he on one occasion was attacked for his indifference to its welfare after the interest he had shown in his brother's efforts to get the Society established. He was charged with never having given anything in the form of a donation.^ Upon this he wrote to the Secretary, regretting that he had been unable to attend their meetings for some time past, at the same time stating that he enclosed " a donation which, if you keep long enough, will be the greatest curiosity you have." This was a o-uinea of Geortje III. If there be any truth in a story related of Lord Buchan's conversation with some of the Antiquaries at one of their first meetings, it would appear that their attention to Natural His- tory, as they used the term, led them to encourage the de- velopment of the resources of the country, and the use of native products, such as other associations unconnected with archceology have since aimed at. On the occasion in question, when Lord Buclian liad taken 1 Laing MSS., Edin. Univer, Lib. This letter is not given by Cunningham. 2 This was not exactly correct, seeing that there is in the first list issued of donations to the Society, mention of "a valuable collection of Scots Music, made by the learned and ingenious Walter M'Farlane of M'Farlane, Esri^e- vols. 2 and 3, folio, the one containing 250, and the other 292 airs," presented by the Hon^'-^' Henry Erskine. 2IO HENRY ERSKINE. the cliair as President/ lie remarked, after having taken a care- ful survey of the company assembled — " I do not observe, gentlemen, that any of you have strictly complied with our rule that every article of our dress should be of Scottish material, and manufacture." Several of the members replied somewhat indignantly — " My Lord, it appears that most of us have complied with all that is wrote in the regulations as exactly as your Lord- ship has." "Nay, gentlemen," replied the President; "you will be pleased to notice that my buckles and coat - buttons are of jasper from Arthurs Seat, and carved m Edinhurgli. Pray, of what are your buttons and buckles composed, — and where were they made ? " Amongst the most remarkable of the members of the Anti- quarian Society was Hugo Arnot of Balcormo, advocate, author of the History of Edinhurgli. His lean and attenuated figure and ill-favoured countenance have been rendered familiar to us by means of Kay's Fortraits, where Hugo Arnot figures in the most diverse situations. Sometimes he appears with his starA^ed l.iody fitted to the fat face of some one else, and vice versa, sometimes in the unwonted attitude of giving charity to a beggar — and so on. His most striking characteristics seem to have been strong Jacobite opinions, quasi atheistical views, and extreme penuriousness, with a certain sort of reckless courage. Few of the stories about Arnot show him in a very pleasant light. He appears to have excited the wrath of Lord Buchan at an early stage of the Society's existence, by indulging in cynical remarks at its expense. Possibly this may have been in consequence of the King's office of Patron ; but at the same time Arnot was arrogating to himself the title of " Fellow " of the Society, while the usual form adopted was that of ^ The early meetings of tlie Society were held in Lord Bnohan's house, No. 27 St Andrew S«[uare,. the corner house looking into North St Andrew Street. HUGO A KNOT. 211 Meniber only. In reference to this unwarranted as.suni])ti()n of dignity on tlie part of Hugo, Lord lUiclian, — from a rough copy found amongst liis papers, — seems to liave (pioted with effect the well-worn couplet from Pope — " Worth makes the man, and want of it the Fellow ; The rest is all but leather or Prunello." These lines have been written by his lordship, under the sig- nature of Hugo Arnot, which had been graced with the designation " Fellow of the Antiquarian Society," to a letter ridiculing the idea of an anniversary dinner which the Society thought of holding. The Earl of Buchan likewise took the opportunity of in- flicting a further cut at the malcontent, by the transmission to him of a sarcastic invitation to take the post of croupier at the said anniversary feast. The effusion is not very brilliant, nor the point very apparent at the present day. It no doul:»t was considered effective at the time, but the flavour of such things is very evanescent. Hugo Arnot fared no better at the hands of Henry Erskine, to whose credit it is related that he now and then " dropped some seeds in very dry places among the whin boulders of infidelity." Arnot's views were well known to savour of scepticism, or something stronger. On a certain occasion, re- turning from a Sunday-afternoon ride on his famous white horse, he met Mr Erskine, who had been better employed in attending divine service. Hugo, addressing him, called out : " Where have you been, Harry ? What has a man of your sense to do consorting willi a ]iarcel of old w(^men ? T protest you could expect to Jicar nothing new ; " adding, with an extra sneer — " Where, now% w\as your tcM ? " '' Our text," — replied Harry in a lugubrious tone, and with a voice of impressive solemnity, liis eye sternly fixed, the while, on the white horse and his rider, — " was from the Gth chapter of the Book of Bevelation and the 8th verse : ' And 2 12 HENRY ERSKINE. I looked, and behold a Falc Horse : and his name that sat on him was Death, and Hell followed with him.' " Tliis was rather too much for Mr Arnot, who, looking at his watch, and suddenly remembering he had an appointment at the Pleasance, rode off. The " lean demon Hugo," as he is described in a copy of contemporary verses, on another occasion encountered Mr Erskine, and, disputing with him regarding the disposition which the Deity manifests in Holy Scripture to pardon the errors of the flesh, Mr Arnot contending for a very liberal code; Mr Erskine gave his opinion on the subject in the following lines : — 'O ' ' The Scriptures assure us much may be forgiven To flesli and to blood b}^ the mercy of heaven ; But I've searched all the books, and texts I find none That extend such forgiveness to Skin and to Bone.'' One of the many advantages attending the completion of the North Bridge was the opening up of a direct road to the Port liy Leith Walk. Formerly the route lay across the valley by Leith Wynd and Calton to the head of Leith Walk, or by the outlet to the valley vid Halkerston's Wynd — a very inconvenient line, from the steepness of the descent to the level of the Nor' Loch. As shown by the maps of that period, there was scarcely a house between Mutrie's Hill and Leith — the only interesting spot behig the Gallows' Hill to tlie left — so tliat " tlie Walk " afforded all the attractions of a country road. Tlie North Bridge enabled the citizens to escape easily from the town, and to enjoy a rural walk, agreeably terminated by a charming view and fresh breezes at tlie end of Leith Pier. The l^ier of Leith soon became a sort of riva alta, where lawyers and others were wont to congregate of an afternoon. It is the scene of one of the best-known incidents connected with Mr Erskine and Hu^^o Arnot, who seems to have been Ill " TY/Zs AULD PIER a LEirii:' 213 as inexhaustible a subject for his wit as for Kay's caricature. Meeting Mr Arnot taking a promenade on tlie pier, and eating a spclding or dried haddock as he went, Henry Erskine, allusion to his extreme tenuity of person, is reported to hav said, after salutations had been exchanged, " I am very glad to see you, Hugo, looking so like your mcaC On stormy days, when the sea was breaking over the pier, might sometunes be seen the strange and weird sight of the gaunt and cadaverous Hugo on his pale horse riding through the spray at the seaward end of the pier, — a most perilous performance considering tlic slippery state of the old wooden erection, which was not then defended by any bulwark. This easy access to the shore was considered a great gain, seeing that this same Pier of Leith has always been looked upon by Edinburgh citizens with a peculiar interest, almost amounting to affection — the reasons for which are not very apparent : at least it was so until the advent of the present generation. In the days of our grandfathers a very favourite toast was, " All absent friends, all ships at sea, and the Auld Pier Lcith" -^ — a quaint combination, which invariably met with an enthusiastic reception. This particular sentiment, or expression of feeling, was invariably given by an old gentle- man of the last century — a relative of the present writer's. He never gave any other. In those days of courtesy no one would have thought of appropriating a toast which had become identified with an individual of the company, any more than he would have thought of singing his favourite 1 The old Pier of Leith at one time held a dii^nificd position amongst public institutions— inferior only to that of the " Mcrcat Cross," and " Tollmytli of Edinburgh." In the case of the legal sunnnons of a party whose domicile could not be ascertained, or when he was known to be " furth of Scotland," the cita- tion was cdidcd, or served, at the Cross of Edinburgh, and "at the Pier and Shore of Leith." This done, in criminal cases the name of the party was called from the " Tolbuyth windo " at three stages of the judicial proceedings, and he was thereafter declared rebel, or "fugitate." 214 HENRY ERSKINE. Happy was the man, and thrice happy the young lady, who could escape thus easily from an ordeal which Lord Cockburn has described as being peculiarly trying to young people. Very few could give, either from lack of courage or imagina- tion, an original " sentmient " in the proper epigrammatic form. Consequently the more highly gifted were wont to prepare lists of such tilings, so that no one need be found wanting. A production of this sort enjoyed a widespread popularity in the south country : it was the work of a certain Henry M'Minn of Dumfries, and a curiosity. But the one great drawback to all such handbooks was, that at a certain stage of conviviality these self -complaisant aphorisms were some- wliat apt, in laundry phrase, to run. So that some of Mr M'Minn's highest flights were known to have been reproduced in curious shape. For example — " As the carcase is to the bee, or as honey to the vulture, so is the present company to all who value, &c., &c." TRANSLATIONS. 215 CHAPTER VIIJ. TRANSLATIONS — HORACE — MOSCHUS — AN ACREON — DEPOPULATION OF THE HIGHLANDS THE EMIGRANT BIBLIOGRAPHY OF THE EMIGRANT. When it was sought to satirise Charles James Fox in the pages of the Anti-JacoUn, it was in the form of an " Imita- tion of Bion, in the character of Mr Fox, at his seat at St Ann's Hill," that it was attempted. His fondness for the Greek poets was largely shared by Mr Burke, " whose copious tongue with Grecian richness flowed," as the graceful lines of Canning remind us, in that journal. To the same cause, no doubt, is to be attributed much of the eloquent flow of language and rich imagery which characterised Mr Erskine's oratory. He, equally with the statesmen who have been named, was possessed with a strong love for classical literature —especially for the writings of the old Greek poets— which found expression in sundry translations of passages which apparently had taken his fancy from some thing in them con- genial to his feelings. Several of these pieces are extant ; but it is believed that though a few of them were printed during the first two years of this century, they are almost unknown at the present day. If perfect translation consists, as is supposed, in expressing the poet's meaning in the words he would probably have used, had he been acquainted with the language in which his thoughts are sought to be reproduced, it would appear to 2r6 HENRY EKSKINE. follow, that what is accurate translation in one age may not be so considered in the next succeeding, though the best may have been done for the poet, in the first instance, that the language and taste of the age permitted. We have seen Pharaoh's daughter represented as finding Moses, in a gown with gigot sleeves, and St Stephen martyred in what appear very like top-boots. There came an age when such treatment was not deemed satisfactory. A consciousness of something of this kind it is well to bear in mind while reading old translations, and in comparing the obsolete taste which they sometimes display with the more modern treatment of such things. At the same time, though there exists a high modern standard which at times is reached, it will be conceded that many of the so - called translations of this age, marked by little of the simplicity of the old poets, present to the reader fully as much of the translator's mind as of that of the original maker, — nay, that the modern artist in words would in many cases consider it a humiliation were this found to be otherwise. In the specimens of Mr Erskine's translations which are now given, when allowance has been made for the last-century form in which the ideas have been moulded — a form which is, as has been suggested, scarcely in the taste of the present day — it is believed that much of the flavour of the originals will be found to cling to them, and that they show " a vein of clear sincerity," a considerable facility of exxDression, as well as a delicate ear for musical cadence. Mr Erskine's powers as an interpteter of a Latin poet are, it is thought, well shown in his versions of several of the Odes of Horace. Two of these are submitted to the reader's judgment. Perhaps the most successful is the " imitation " of Ode 16, Book 11. It bears evidence of having been done con amove, and is both spirited and classical. The measure of success attained in this piece is no doubt, in part, attributable to the fact that here Horace was more in earnest than he TRANSLA TIONS. 2 1 7 often was ; his love of ease was ardent and sincere. The translator responds to the vigour with wliich this feeling is expressed. In the other, Epode 2, of which a few stanzas are given, Horace appears much more conventional. Tlie kind of ease which the poet really liked was by no means that of the frugal rustics ; infinitely more to his taste was a luxurious dinner, in which the details were the result of study on the part of his friends Maecenas or Augustus ; and he has scarcely succeeded in writing as if the case were otherwise. This necessarily reacts upon the translator ; though there can be little doubt that Henry Erskine was more loyal to the feelings expressed than was the Epicurean poet when he wrote the Epode in question. In the four stanzas beginning with the line, " But if a wife, dear partner of his heart," we have a thought which Mr Erskine had made his own, and has expressed over and over again througliout his writings, and amplified in one of the last of the pieces that came from his pen. Horace. — Ode 16, Book II. Imitated. " Oiium Divos rogat in patenil Frensus j:Er/ceo" cjc. When clouds obscure the Queen of IS'"ight, And veil from light her silver ray, Nor lends one friendly star his hght To guide the vessel's wand'ring way ; Long tost upon the raging seas, Tlie wearied sailor prays for case. In war, the furious Tlu-acian tried, Inur'd to danger, toil, and pain. Tlie Median gay, in quiver'd pride, Both, wish for ease and peace in vain ; Ease, wliich for purple, gems, or gold, Ke'er was, or ever can be sold. 2i8 HENRY ERSKINE. Xot all the wealth of India's mine, — Not all the pomp or pride of pow'r, Tho' every pageant should combme To deck its bright but transient hour, Can, from the gilded bed of state, Banish the cares that haunt the great. Better, and happier far, he fares. Whose plain, yet neat and wholesome board, Spread with the produce of his cares. Can health, content, and mirth afford ; Xo Avish to gain, no fear to lose. Disturb his peaceful soft repose. Why, then, does enterprising man So many schemes for fortune try ? Why risk life's short uncertain span Beneath a foreign hateful sky ? Tho' through a thousand climes he roam, Xe'er can he leave his cares at home. The stoutest ship that braves the main. With eager strides black Care ascends ; The swiftest troops that scour the plain, As swift, his ghastly form attends ; Eleet as the lightly-bounding Eoe, Or clouds when fiercest tempests blow. Contented now, why should we care What changes fleeting time may bring '\ Let social pleasure heal despair, And mirth each futui'e moment wing : Of each event still make the best, For who was e'er completely blest % Achilles, warlike Greece's pride, Died glcjrious on the bloody plain ; While Tython's age, a grave denied, Long call'd on Death, but call'd in vain ; And Heaven perhaps may give to me The days and years denied to thee. HORACE. 219 A thousand Hocks thy mountains feed, A thousand herds thy verdant phdns For thee loud neighs the foaming steed, Obedient to the silken reins ; While purple, radiant as the morn, With gold and gems thy robes adorn. In humble cot, obscure to dwell, To me my fate has Heav'n assign'd, But bids the Muse my bosom swell, And freedom elevate my mind ; Inspiring both my heart and song To scorn the base and vuk^ar thron'^ Horace. — Epode 2. Imitated. " Beatus llle, qui procul negotiw,'' Sfc. Happy the Man, who free from care and strife, Possest of every joy contentment yields, Like Man's prima3val race, who leads his lift- Amidst the labours of his native fields : Who hears unmov'd the trumpet sound to war. Or loudest tempests vex the angry main ; Who shuns the venal Court and wrangling Bar, And those gay scenes where Vice and Folly reign. Beneath the ancient Oak's embowering shade, From noonday's beam secure he careless lies ; Or, on the verdant bank, at evening laid, Tastes the soft western breeze that cools the skies, There, heard afar, hoarse murm'ring on the gale. The torrent tumbling down the distant steep : The stream that chiding wanders down the vale, AVith sweetest songsters, soullies his soul to slecj). 2 20 HENRY ERSKINE. But if a wife, dear partner of his heart, "With sympathising soul his fortune share ; If cheerful she perform lier tender part Among the infant objects of their care ; If she, against her weary lord's return, Shall raise the well-dried wood in airy piles ; If she shall make the smiling hearth to burn. And deck her matron face in sweeter smiles ; If she shall pen at ev'ii her loaded ewes, And drain the luscious stream with rosy hand ; If she shall press the grape's enliv'ning juice, And on his board an unbought feast shall stand Not all the costly dainties that are sought In farthest climes, to deck the pamper'd board ; Not all luxurious fancy ever thought, Could to my taste an equal joy afford. Mr Erskine's version of the Idyll on the death of Bion, some extracts from which follow here, will, it is thought, be found to preserve much of the soft, smooth rhythm for which the writings of Moschus are remarkable, written as they were at a period when Greek poetic literature had reached the stage of decline known as " the Decadence." It may be said that, without indication of great original genius, the specimens of his poems now placed before the reader exhibit qualities which, in modern phrase, would be characterised as prettiness and sweet- ness. The same remark applies to the verses of Bion, whom Moschus, the Syracusan, alludes to as his preceptor and friend, and whose death, by poison, he mentions. It has been thought that The Lotus Eaters owes no small share of its " languid and dreamy beauty, its soft and luscious verse," to a study of the fragments of Bion and Moschus which are extant. MOSCHUS. 221 Mr Erskine's " imitation " has been done with such single- ness of purpose, that, like its original, it perceptibly breathes the languor of the Decadence ; and, as writes a very distin- guished scholar of our day — whose own Translations, one would say, will be read hereafter with pleasure, if anything of that sort is to escape the gnawing tooth of time — " with all its graceful melody, it leaves on my mind the impression that Mr Erskine secretly thought Bion a poor creature." l*erfectly in accordance with this opinion is the fact, that throughout these verses the translator is always at his best in those passages where the original rises in pathos or in fire. Imitation of the 3d Idyllium of Mosciius on the Death of Bion. Ye Doric Streams, that with poetic wave, Sicilia's verdant hills and forests lave ; Ye Groves, whose sacred haunts the Muses tread, Come mourn with me the gentle Bion dead. Ye Flowers no more perfume the vernal gale. Ye Vi'lets wither, Eoses turn to pale. And thou sweet Hyacinth, whose letter'd leaf,^ So long has worn the bloody marks of grief, With more than wonted sadness learn to tell How, wept by all, the tuneful Shepherd fell. Sicilian Muse, begin the song of woe, And malce the strains in mournful measure flow. Ye Nightingales, whose melancholy song So sweetly breathes her blooming banks along, To Arethusa's wandering wave relate, In saddest notes, the youthful Poet's fate ; Tell her the Doric strains shall sound no more ; Tell her the weeping Muse has left her shore. Sicilian Muse, begin the song of icoc. And make the strains in mournful measure flow. ^ "Now thou Hyacintli, wliisper the letters on tliec engraved, ami add a deeper ai ai to thy petals; he is "lead, the beautiful singer."— Lani^'s Trans- lation. 22 2 HENRY ERSKINE. Ye sweet Strymonian Swans, where'er ye glide On the smooth bosom of the silver tide, ! pour the doleful tale in ev'ry ear, Till it sounds that he himself might hear. To each iEagrian, each Listonian maid. That low in earth their Orpheus now is laid. Sicilian Muse, begin the song of woe, And let the strains in mournful measure floiu. Dear to his flock, no more the matchless swain Directs their wanderings o'er the sunny plain ; No more, far floating on the balmy gale, His voice is heard along the flow'ry vale ; For now, alas ! by Styx's current drear, He pours his song in Pluto's ruthless ear. For ever silent are his native rocks. Where foodless wander his forsaken flocks ; Eobb'd of his cheering voice, his tender care, They fill with doleful bleatings all the air. Sicilian Muse, begin the song of woe, And mahe the strains in mournful measure flow. Deep mourn'd the Muses round their fav 'rite's bier, IS'or spared Apollo's self the sigh sincere ; Pan and Sylvanus, with the Satyrs sad, Wail'd o'er thy tomb in sable vesture clad ; The flow'ry-kirtled I^aiads, as they led Their murm'ring currents through the verdant mead, Where wrap'd in Fancy's dream thou lov'dst to lie. Wept thy sad fate till all their urns were dry ; While Echo, wont thy tuneful notes to swell, Pin'd for thy loss within her silent cell. Ev'n Spring in sorrow check'd her genial breath, And all her verdure wither'd at thy death. The luscious streams the flocks no more brought home, • No longer flow'd the honey from the comb. But in her waxen cell expired the Bee In pining grief ; for where, deprived of thoe, AVhere could she find, the flow'riest banks among, Honey, to match the sweetness of thy song ? DIRGE FOR BION. 223 Sicilian Muse, begin the song of ivoe, And make the strains in mournful measure jlow. Ne'er did the Dolphin sound so sad before His doleful mournings round the sea-beat shore : Beneath the shade, with half so sad a note, Ne'er tun'd sweet Philomel her warbling thront ; Nor, skimming low the lonely hills along, Did e'er the Swallow twitter forth her song ; Never in such a melancholy strain Did the stream-haunting Halcyon complain ; Never along the Ocean's glassy breast Sung gentle Cerylus so sore distrest ; Or round his sad sepulchre in the vale, Did Memnon's bird his master's fate bewail ; As did ye all, on this unhappy shore, Young Bion's hapless, timeless death deplore. Sicilian Muse, begin the song of looe, And hid the strains in mournful measure floio. Sweet shepherd, poison caus'd thy timeless death, And stopt, for ever stopt thy tuneful breath ; Nor did thy lip with magic sweetness fraught, To heav'nly nectar turn the venom'd draught : Yet sure the Furies must have steel' d his heart That could the deadly beverage impart Nor dropt the bowl, by thee and music charm 'd, His savage soul of all its rage disarm'd. Sicilian 3Iuse, begin the strain of woe, And make the song in mourn fd measure flow. ! may swift vengeance seize the traitor's soul ; INIore dreadful vengeance than the deadly bowl : My hand is feeble to avenge thy wrong ; Accept, 'tis all I have, the pitying song. Could I, like Orpheus or Alcides, go. Or wise Ulysses, to the shades below, To hear thy song, even thither I'd attend Thy fleeting steps, thou dear, departed friend. 2 24 HENRY ERSKINE. ! pour to Proserpine thy magic strain ! For once she sported on Sicilia's plain ; The Doric song she lov'd, and sung by thee, Sweet as the sounds that freed Euridice, A like effect tliy music shall obtain, And give thee back to life and love again. ! that thy pipe my breath could learn to fill, Or could I sing with half thy heav'nly skill. To those dire regions fearless I'd descend, Eemain for ever there, or free my friend.^ Mr Erskiue, while amusing himself in his leisure moments with these graceful translations, was not insensible to the efforts of others in the same direction. His complimentary epigram on the subject of Moore's version of the Odes of Anacreon, which has often been quoted, is evidence of this appreciation : — Impromptu. " Oh, mourn not for Anacreon dead — Oh, weep not for Anacreon fled — The lyre still breathes he touched before, For we have one Anacreon Moore" Having himself attempted — not unsuccessfully — an imita- tion in the manner of the poet in question, Mr Erskine was in a position to award commendation. The following little piece, though strictly only an "imitation" (the original Ode is addressed " To a Swallow "), has the advantage of ap- proaching nearer to the metre of the original than IMoore's version of the same Ode. Indeed it is not surprising that Mr Erskine's intimate knowledge of the classics should appear 1 Of translations of the higliest class, one of the most eminent in merit, it has been acknowledged, is Mr Andrew Lang's Theocritus, Bion, and Moschus, ren- dered into English Prose : London, 1880. The verbal agreement between Mr Lang's version of the Idyllium of Moschus, and Mr Erskine's of a hundred years ago, is very striking, and corroborative of what has been affirmed in respect of "simplicity." ANACREO.\. 225 ill a composition of this kind, for it Jias l)ccii allc-cd, tliat however graceful Moore may be in liis versification, liis acquaintance witli tlie ancient poets was ])y no mejins in- timate. This piece, in wliicli tliere are traces of the nmveU and elegance of tlie original, it is l)elieved has never been i)rint(Ml till now. Anacreon. — Ode 33. Imitated. To a Grasshoj)per. Little lively cliirping tliiii^-, Gayest minstrel of the spring, Happy as a king art thou A\ lien upon the blooming bough, (^r Ijeueath the silver thorn Thou sipp'st tlie pearly dew of morn ; Or, hoppino- in the sunny vale Where pleasures, all thine own, exhale, Thou pipest in the shepherd's ear, — Summer's sulti-y heats are near. The plouglnuan toiling on tlie plain, The milkmaid blyth, and jolly swain, Thro' the meadow, field, or grove. As with careless feet they rove, Love to ]ieed thy cheerful sound, Pear thy harndess form t(^ wound, Listening still to hear tliee sing, — Sweetest propliet of tlio sprin^i;-. Thee tlie Muses love full Avell, In their haunts tliou lov'st to dwell : Apollo on thy little throat Bestowed its shrilly pleasing note, Which, 1)eneath his cheering ray, Thou swell'st the livelong sunnner's day 1' 2 26 HENRY ERSKINE. Free from sickness, age and strife, The fields that grace, support thy life With their plain and bloodless food, Thyself devoid of flesh and blood : Cheerful song and sprightly play Fill up all thy happy day. In innocence and joy outdone By the immortal gods alone. ^ It may perhaps be hypercritical to call in question what is only a bit of local colouring ; but there are those who would rather pin their faith to the ethics of a grasshopper than to those of the whole troop of Olympus, supporting their opinion with wealth of weighty evidence. Upon the whole, it is submitted these fugitive pieces well deserve the attention of those who would estimate justly the character and gifts of their author. They afford, it is sub- mitted, evidence of literary accomplishment, delicate percep- tion, and a genuine poetical feeling, which found, as it deserved to find, a freer expression in other modes than in that of trans- lation from the classics. Brilliant as was Mr Erskine's repu- tation, the memory of which is far from being forgotten in our own time, it is believed that gifts such as are here described liave hardly entered into the popular conception of the char- acter of the famous " Harry Erskine." Sir Nathaniel Wraxall speaks in praise of the many elegant accomplishments possessed by Lord Erskine, such as, he says, are rarely found in the walks of the Temple, or Lincoln's Inn. He considered him a poet of no common order, and adds, — " I have heard him repeat his own verses with nearly as much delight as he felt himself in repeating them." - It is left to the judgment of impartial readers whether the 1 Other classical pieces of Mr Erskine's are EjJigram from Floridus. Greek Epi- grams of Possidippus and Metrodorus in praise and dispraise of life ; several Odes of Horace ; Imitation of Catullus, from a friend on the deatli of liis mistress ; translation of the last Chorus, Act iii. of Seneca's HypoHliis, kc. 2 See Mcmuirs of his own Time, i. 87. DEPOPULA TIOX. 2 2 7 specimens of Mr Erskiue's powers and sweetness presented in this book will not compare to advantage with anything written by Lord Erskine," who, it is only justice to say, disclaimed the idea of being liimself a poet. He says so in the Introduc- tion to The, Farmer's Vision. Had these compositions of Mr Erskine's been more widely known, they would have, it is believed, gained for him the credit which was his due ; Ijut even Lord Brougham, who knew him and his family as inti- mately as any of his generation, says that Henry Erskine's knowledge was confined to the English classics.^ The best known of Henry Erskine's poetical pieces is Tlie Emigrant. It has enjoyed for a hundred years and more a considerable popularity. It is possible that there may be poems of equal merit which, in the same period, have been read and f(3rgotten, while circumstances in the history of this country, as well as its own merit, have been the means of keeping this fresh and readable down to our own time. Dr Johnson described the depressing effect upon him of *' the silence and solitude of inactive indigence and gloomy depopulation " which he found in the Highlands. What he saw was chiefly the result of the settlement of the Highlands after the Eebellion, when land hitherto worthless had acquired an increasing value. Eents being asked for the first time from poor tenants and followers had the effect of driving many of the young men to serve in the army, and the families to seek refuge in a foreign land, or in the much more dreaded city life. It was in view of this wholesale clearance of the country of its natural inhabitants that The Emigrant was written. Towards the end of the century a more important move- ment took place, whicli had the effect of still further increas- ing the How of emigration from the Highlands of Scotland, and of bringing Mr Erskine's poem into renewed popularity. ^ See Autobiography, i. 230. Tliis rcfors. liowcvor, to a date \\yh^v to tlie aji- pearance of the Metrical Miscellany in 1802. 2 28 HENRY EKSKINE. If, as Swift saj^s, the man deserves well of liis country who causes two blades of grass to grow where before there grew but one, then must Sir John Sinclair, the ImUfatigahh} be entitled to honour, who demonstrated, not exactly that twu sheep miglit be reared in place of one, but that on the same land which had borne the small but liardy Highland sheep, tlie well-fleeced and valuable Cheviots could be bred with the same amount of care. When this, the must important of Sir John Sinclair's innumerable schemes for the advantage of the countr}', was found to be practicable, a further clearance of the Highland districts took place, and the natives of the hills and glens had to make way for tlie more desirable Cheviot sheep. The blackened "-ables and ruined cotta<:;^es which still re- main to add effective passages to the aspect of desolation in many a picture of Highland scenery, are the traces of tliis sad period. It is very remarkable, that throughout all the suffering wliich these changes entailed, and during the severance of ties, to them the most sacred, the Highlanders never dreamed of outrage or revenge. They could suffer with dignity. "When tliey found they were not wanted, they gathered their children about them and took their departure for lands where their 1 " . . . I always Weed your hold dasliing conduct in favour of tlie know- ledge and improvement of j'our country." — David, Earl of Buclian, to Sir John Sinclair, Nov. 9, 1801. This most painstaking of philanthropists, who had tlie reputation of being the "most indefatigable man in Europe," having proposed that a testimonial should be presented to himself by the British nation, in acknowledgment of his eminent public services ; in answer to one of his circulars, Thomas Ei-skinc wrote the following skilfull}'^ contrived letter in a flowing hand : — "My dear Sir John, — *' I am certain there are few in this kingdom who set a higher value on your public services th;in myself- nnd I ]i;nc tlie honour to sub- scribe — DEPOPULA TJON. 2 2 9 ItvesL'iR'C would 1)0 luore appreciated.^ The .i^ood feeling sliown by these men has been reproduced in our own time, as e\'i- denced by tlie anxiety of their descendants to aid in the de- fence of the mother country when such assistance seemed to 1)0 re(|uired ; thou';h, ha])pily, the day lias not yet conn; whicli is forecast in the latter part of the poem. Any improvements in sheep-breeding tliat were possil)le could, of course, not be C(miplained of; but it did seem molanclioly that, tlirough excessive iiasto to oatlior in tlio uttermost farthing, large tracts of country well calculated to afford sustenance for a loyal and peaceable people, sucli as those outcasts were, should be left, save for the sheep, "Myself, " Your most obedient faithful Servant, "T. EllSKlNE." — Lives of the Chancellors, ix. 98. ^ The ])ublieatious of the time show the serious eonse({uences of the mania for slieep-farming : while the case of one proprietor is mentioned whose "income had increased from £900 to £6000 a-year, wliich he now enjoys with little trouble to himself in collecting, and much real comfort in spending" (T/w Gram^nans Desolate, A Poem, by Alex. Campbell: Edin., 1804), such announcements as the following are common: "Glasgow, July 29, 1791.— Six hundred people are now embarking in two vessels from the Western Highlands for North Caro- lina, in America." "October 1791. — The spirit of emigration has not yet ceased, nor indeed does it seem likely to do so. By a letter from ^Mr David Dale, an eminent manufacturer in Glasgow, to Colonel Daliymple of Fordell, we are informed that Mr Dale has prevented a numl^er of Highland emigrants from going to America by finding them employment in various places in the Low Country ; at Lanark, particularly, he himself olfeis to build houses for 200 families." {Edin. Hist. Re(jister, i. 39, 1791.) In the same periodical, under date th-' 4th April 1792, is described the successful reclamation of the Moss of Kincar- dine on the estate of Fdair-Drummond, one of the deepest and hitherto most unprofitable morasses in Scotland— a work which had been originally projected by Lord Kames. " The improvements," it is stated, " began in the year 1767, and have since been conducted with such cfiicacy that there are alivady living upon the barren and useless tract 620 inhabitants, with a great number of catth' and carriages. . . . The new settlers in this colony arc chielly people <»f th<' lowest rank, who had liecn expelled from the neighbouring Higblnnd .-ounties by the establisliTH'Mit of sheep-farms." 230 HENRY ERSKINE. " A grey-faced nation That swept our hills with desolation," — a silent wilderness, — to the grievous loss of the community. I do not think the fact has been sufficiently noted, if it has been at all, that one reason for the repugnance felt against these clearances was, in all probability, founded upon the teach- ing of the Larger Catechism, the propositions of which are perhaps less familiar in people's mouths at the present day than they were some generations back. It is tliere laid down (Answer 142) that among the crimes forbidden by the Eighth Commandment are " unjust inclosures and depoioulation" Again, in the early part of the century The Emigrant enjoyed a renewed popularity at the time when it became apparent to the landowners in the North that it was even more profitable to let their land to English sportsmen than to feed sheep thereon. The theme which Mr Erskine was probably the first to bring home to the hearts of patriotic Scotsmen, was, in time, taken up by Thomas Campbell, Mrs Hemans, and very many other writers in prose and verse. The Emigraxt. An Eclogue. Occasioned by the late numerous Emigrations from the Highlands of Scotland. AYritten in 1773. " Nos jxitrke fines et dulcia Unqulmus area, 1Y06' Patriam fuginms.'" — Virg. East by the margin of a mossy rill, That wander'd gurgling down a heath-clad hill, An ancient sliepherd stood, opprest with woe. And ey'd the ocean's flood that foam'd below, AVhere, gently rocking on the rising tide, A ship's unwonted form was seen to ride ; Unwonted, well I ween, for ne'er before, Had toucli'd one keel the solitary shore ; ^Xor had the swain's rude footsteps ever stray 'd Beyond the shelter of liis native sliadc. THE EMIGRANT. 231 Ilis few remaining liairs were silver grey, And liis rough face had seen a better day. Around liini bleating, stray'd a scanty Hock, And a few goats o'erhung the neighlj'ring rock ; One faithful dog his sorrows seeni'd to share. And strove with many a trick to ease his care ; While o'er his furrowed cheek the salt drops ran, He tun'd his rustic reed, and thus began : — " Farewell, farewell ! dear Caledonia's strand, Rough tho' thou be, yet still my native land ; Exiled from thee I seek a foreign shore, Friends, kindred, country, to behold no more. By hard ojipression driv'n, my helpless age, That should e'er now have left life's bustling stage. Is forced to brave the Ocean's boist'rous wave. In a far foreign land to seek a grave. " And must I leave thee then, my little cot. Mine and my fathers poor but happy lot, A^^lere I have pass'd in innocence away, Year after year, till age has turn'd me grey 1 " Thou dear companion of my happier life, Now to the grave gone down, my virtuous wife ! 'Twas here you rear'd, with fond maternal pride, Five comely sons, three for their country died ! Two still remain, sad remnant of the wars, Without one mark of honour but their scars ; Yet live to see their Sire denied a grave In lands his much-lov'd children died to save. Yet still in peace and safety did we live, In i^eace and safety, more than wealth can give. My two remaining boys, with sturdy hands, Rear'd the scant produce of our niggard lands ; Scant as it was, no more our hearts desir'd : No more from us our gen'rous lord rccjuir'd. " But, ah ! sad change ! those blessed days are o'er, And peace, content, and safety charm no more ; 232 HENRY ERSKINE. Anotliur \o\\ iioAV rules those Avide duinaiiis, I'lic aYariciuiis tyrant of tlie plains ; Far, far from lieiice, lie revels life away In guilty pleasures our pour means must pay. The mossy plains, the mountain's barren brow, ]\riist now be riven by the torturing plough; And, 'spite of Xature, crops be taught to rise, "Which to these northern climes Avise Heaven denies ; In vain, with sweating Ijrow and Aveary hands, W^e strive to earn the gold our lord demands ; ^AHiile cold and hunger, and the dungeon's gloom, AAvait our failure as its certain doom. " To shun these ills, that threat my liuary head, I seek in foreign lands precarious bread : Forc'd the' my helpless age from guilt be pure, The pangs of banish'd felons to endure ; And all because these hands Iiave vainly tried To force from Art what Xature has denied, I>ecause my little all will not suffice To j^ay the insatiate claims of avarice. '' In vain of richer climates I am told, "Wliose hills are rich in gems, whose streams are gold, I am contented here : I ne'er have seen A vale more fertile, or a hill more green ; Xor would I leave this sweet tho' humble cot To share the richest monarch's splendid lot. Oh ! would to Heav'n th' alternative were mine. Abroad to thrive, or here in want to pine, Soon Avould I choose ! but ere to-morrow's sun Has o'er my head his radiant journey run, I shall be robb'd, by what iheij justice call. By legal ruffians, of my little all. Driv'n out to hunger, nakeilness, and grief, AVithout one pitying hand to ])ring relief. Then come, oh sad alternative to choose ! Come banishment, I will no more refuse ! Go where I may, nor billows, rocks nor Avind, Can add of horror to my suffering mind. THE KMIGRAN1\ 23. Oil whatsocvur coast I may l)c thrown, No lord can be severer than my OAvn. Ev'n they who tear the limbs, and drink tlic [,'orc Of liclph'ss strangers, wliat can tlicy do more'? " For thee, insatiate cliicf, wlmse ruthless hand For ever drives me from my native land, For thee T leave no greater curse Ijehind Than the fell bodings of a guilty mind ; Or, what were harder to a soul like thine, To find from avarice thy wealth decline. " For you, my friends and neighbours of the vale, Who riow witli kindly tears my fate bcAvail, Soon may our king, whose breast paternal glows With tend'rest feeling for his people's Avoes, ►Soon may the rulers of this mighty land. To ease your sorrow stretch the helping hand ; Else soon, too soon your hapless fate shall be. Like me to suffer, and to fly like me. ''■ On you, dear native land, from whence I part, llest the best blessings of a broken heart. If, in some future honr, the foe should land His hostile legions on IJritannia's strand, ]\Iay she not then tli' alarm sound in vain, Xor miss her 1)anish'd thousands on the plain. " Feed on, my Sheep \ for tho' deprived of me, My cruel foes sliall y(»ur protectors be ; For their ovm sakes sliall pen yonr straggling (locks, And guard your lambkins from the rav'ning fox. " Feed on, my Goats ! another now sliall drain Your streams that lieal disease and soften pain ; Xo stream, alas ! can ever, ever flow, T(. heal thy mastci''s heart r.r soothe his woe. " Feed on, my Hocks, ye harmless people feed I The worst that ye can suffer is to bleed ; 234 HENRY ERSKINE. Oil that tlie miu'crring steel were all my fear ! How fondly would I stay to perish here ! But hark ! my sons loud call me from the vale, And, lo ! the vessel spreads her swelling sail ; Farewell ! farewell ! " — Awhile his hands he wrung, And o'er his crook in silent sorrow hung ; Then, casting many a ling'ring look behind Down the steep mountain's brow began to wind. From the circumstances above detailed, it has happened that The Emigrant has achieved a little bibliography of its own. It was written, as has been said, by Mr Erskine, in 1773, the year after his marriage — a point in the life of most men when, perhaps, the sympathies are peculiarly open to pathetic aspects of family life. Moreover, no man ever became Lord Advocate suddenly, and in all likelihood the view presented itself to Henry Erskine of a large part of the country left without its natural defenders, when he him- self should be in a position of some responsibility for the wellbeing of the kingdom. After having enjoyed a run of favour extending over some twenty years, the poem attained, in 1793, the highest proof of popularity possible at that time — namely, its publication in chap-hook form, when it was sold over the country by wander- ing pedlars or " chapmen," along with an equally taking litera- ture, consisting of such books as the Penny Histories, — Wise Willie and Witty Eijpie, Fedcn's Propliccics, The Wife of Bcith, Lays Elegy, and the very readable productions of Dugald Graham, the SkcUat Bellman of Glasgow. The only copy of The Emigrant in the Advocates' Library "^ is, apparently, one of this chap-book cHliti(^n, compressed be- ^ Tlie title of this tract is—" The Emigrant : A Poem. By the Hon. Henry Erskine ; to wliich is added Dr Smollet's Ode lo Lcven Water. Glasgow : printed for and sold 1y Brash and Reid." Smollett's verses arc tlu-own in inerely to "fill the vacance of the page," in accordance ^vith the thrifty hahit of King James VI. LAST EJ)/T/ON. 235 twceii Patriotic Wolccs, ;t hit at tlic Friends of tlie I'eople, by tlie Ecv. Mr liobb, Episcopal clergyman of St Andrews, and A Letter from Tom Paine. A note facing the title is as follows : . . . " That tlie pul)lication of it {Tlte Emigrant) ma}' tend to heighten and diftuse that spirit of benevolence and humanity towards our distressed countrymen, which seems at present to Tje awakened, is the design of its present pul)lication. And it is earnestly to be wished that it may promote the good end for wdiicli it is now presented to the public. " Copies of it appeared some thne ago in a mutilated form. The present is printed from that done w^th permission of tlie amiable and distinguished autlior, and it will afford the reader more pleasure when he is assured that it is entire." Agahi, in 1802 and 1804, the piece appeared in a London printed volume entitled the Metrical Miscellany — to be after- wards noticed — along with one or tw^o other pieces of Mr Erskine's not before published, and in company with several poems, which have since become well know^n ; then making their d4hut. The original edition of The Emigrant being now unknown — the penny tracts having gone the way of all tracts, and the Miscellany having become a scarce book, only to be met with in the collections of book-hunters — in the year 1870 it oc- curred to the late Mrs I )unmore Napier of Ballikinrain, Henry Erskine's granddaughter, to have printed, from a MS. copy of her own, a pretty little edition for private circulation, so that those coming after her might not be ignorant of the poem which had pleased many beyond the circle of the author's family during the last hundred years. Although this was Mrs Napier's sole object in reprinting the little piece ; yet by a curious chance, its reappearance was coin- cident, if not with the reopening of the question of Highland clearances, at least with the renewed discussion of wholesale " depopulation," which means the conversion into a silent wil- 236 HENRY ERSKINE. derncss of many a district wliicli at one time formed a most valuable recruiting ground for our army ; the resettlement of " crofters " on lands fit for sheep-farming ; and other questions of a like nature. Tims it fell out that again attention was drawn to Mr Erskine's poem, and its almost prophetic utterances. Mill mmmBmi^^3 POLITICAL CIIAXGKS. 237 CHAPTER IX. COALITION GOVERNMENT— Mil ERSKINE AITOINTED LOJID ADVOCATE- LETTERS TO IIIM— -*MR fox's INDIA BILL MR TITT's INDIA RILL THOMAS ERSKINE IN PARLIAMENT SIR THOMAS DUNDAs's LET- TERS TO MR ERSKINE IRISH RESOLUTIONS— DUKE OF RORTLANd's LETTERS. It was after he had been practising at the Scottish Bar for tifteen years, that Mr Erskine first took office under the Gov- ernment ; at a juncture very memorable in the political hist(3ry of the country. Upon the sudden death of the Marciuis of liockingham in July 1782, after three months' tenure of office, the Adminis- tration came to an end. The King gave his confidence to Lord Shelburne, more from dislike of Charles Fox, it would appear, than from any otlier reason. Under him ]\Ir Fox could not serve. Chiefly, it has been alleged, he had reason to distrust him on account of his line of conduct while they both had been Secretaries of State during the negotiations for peace with America. Lord Shellmrne was suspected of liaving done his utmost to defeat all that Mr Fox was endeavouring to achieve in the way of settlement; and with the King's connivance, as has been asserted. This consists with what Thackeray and others have shown — miinely, lliat the siuidy old Kiii«", having the whole nation at Ids back, was not loath lo give a lesson to his unruly children. This Ministrv, however, onlv lasted till the spring of ITSo, 238 HENRY ERSKINE. when a general peace was effected, which, however desirable, was not considered to redound to the credit of England. It was succeeded in April by the famous Coalition Ministry, in wliich Mr Fox — notwithstanding their former enmity — allied himself with Lord North ; and they, as the phrase went, " took the Treasury by storm," dividing the power between them- selves ; the former as Foreign Secretary ; the latter. Home Secretary ; Edmund Burke, Paymaster of the Forces, — nomin- ally under the Duke of Portland. The secret history of Mr Fox's alliance with Lord Xorth, his former adversary, is discussed l)y Earl Paissell, who quotes Walpole's opinion that the King's dislike to Fox was in great measure due to the fact of the Prince of Wales having thrown himself into the arms of his friend and counsellor.^ It is certain that neither the King nor the bulk of the people had implicit confidence in either Shelburne or Fox ; consequently, when the King succeeded in again grasping the powers of Government, he had nothing to say to Shelburne ; neither had Pitt, though he had himself been Chancellor of the Exchequer during Shelburne's Ministry. One of the first acts of the new Administration was the offer by the Duke of Portland of the office of Lord Advocate for Scotland to Mr Erskine, who had l)y tliis time earned a brilliant reputation for all the qualities of a first-rate lawyer, combined with firmness of political principle. This is the letter in which the intelligence of the appoint- ment is conveyed : — Dulx of rortland to Mr Ersldne. " CiilswiCK, Friday Even: 15th August 1783. <' giP^^ — I l^ave great satisfaction in obeying his Majesty's commands, wliich I had the honour of receiving this after- noon, and by which I am directed to propose to you the ^ Memorials and Corrcsjwndencc of Charles James Fox, ii, 45. WILLIAM ADAM TO HENRY ERSKL\E. 239 iniinediate succession to the ollice of his Majesty's Advocate for N. Britain, now vacant by the removal of IVIr Henry Dimdas. As I am acquainted by Sir Thomas Dundas with the very handsome manner in which you have expressed your- self upon the subject of this employment, in case it should ]je offered to you, I have taken the liberty of giving instructions for every step being taken without loss of time tliat can facilitate your being put in possession of this very distin- guished and important office; and I am willing to flatter myself that in consequence of the means which have been adopted, no delay will arise that can in any degree prejudice the publick, or which need prevent your immediate assumption of the office which his Majesty is most graciously disposed to destine you for. I am very happy in being the instrument of conveying to you this honourable proof of his Majesty's opinion of your talents and abilities ; and in offerhig to you at the same time this feeble but sincere testimony of the sense I entertain of your great merits. — I am, with great truth and regard, . . . Portland." Numerous congratulations on his promotion follow, which show with wdiat general satisfaction the appointment was received by persons of all shades of opinion. William Adam, the friend of the Erskines, writes : — ■ "Croydon, \Wi Auif- 1783. "My D""- Harry, — (For in spite of your late advance^- you must still permit me to call you by that name) It was with most infinite pleasure and satisfaction that I learn't from your brother last Saturday, while we were spending a pleasant day in the interval of our circuit at Brighthelmstone, the news of your appointment to the situation of Lord Advocate. I am convinced that the present Government lias not done a wiser thing since their appointment than removing the late Lord Advocate, except appointing the present. To wisli you to 240 HENRY ERSKINE. enjoy it lung would be expressing that in which I sliould have no merit, because it is only wishing the prolongation of ad- vantage to myself, in which indeed there is infinite additional comfort wlien one knows that (Uie's real friends are partici- pating of the same prosperous events. But to see you display in that most eminent situation that a Scotch barrister can attain, all the ability, knowledge, and discretion that I know you to be possessed of, and have seen you exert, will give me infinite pleasure, without an emotion of surprise. I expect soon to see the time when tiro Er shines, in two different climates practising, are to ])e at the head of the profession in the different countries, wdiere, unlike Castor and Pollux of old, the one will not l)e in the shades below when the other is in heaven, but both at once lords of the ascendant in their re- spective hemispheres. In order that that object may be attained with as little delay as possil)le, I wish you with all convenient speed to be among us in the House of Commons ; and if any means occur by which I can tend to forward that object, you have only to desire me to be upon the watcli. " Your brother, and my most valued friend, is as well in health and as successful in business as you or I can wish him, and I will not permit you to wish him better than I do. Every day I live witli him (and we are not much asunder), I congratulate myself more and more on the good fortune I have in enjoying the friendship of so much worth, genius, ability, eloquence, and spirit. — I am, my dear Lord, or my dear Harry, yours most faithfully, William Adam." Then comes a letter, gratifying to read, from Henry Dundas, the late Lord Advocate, " tlie Friend and Brother of Mr Pitt," which is very much whiit might have been expected from a man who had tlie reputation of l)eing in a liigli degree large- minded. TJVO LORD ADVOCATES. 241 Mr Dviifln.^ i„ Mr ErsJi inc. " AUiiHTKllTYUK, -IMJi, AlKj'- " :\rv I)"- Lord, — Upon arrival last iiiglit from tlie AUiolu lulls, 1 found a letter from Mr Davidson, wherein he mentions your appointment to be my successor as Kings Advocate. You will not expect from me to say that I approve of the change, Init you may believe me to be very cordial and sincere in wishing you all health and happiness to enjoy it. Perhaps in the first outset of a new line of business you may some- times wish to know what your predecessors were in use to do, if any sucli occasion occurs to you, you will find me at all times very ready to aid you with any suggestions of mine which you think worthy of receiving. And with best respects to Mrs Erskine, I remain, my I)''- Lord, yours affect^^'-, . " Hexry Dun das." On the day when tlie appointment changed hands, an interview took place between the new and the old Lord Advocate, in the Parliament House. Erskine, observing that Dundas had lost no time in divesting himself of the robe of office, having already resumed the ordinary stuff gown usually worn by advocates, said gaily that he supposed he " ought to leave off talking and go and order his silk gown," the proper garb of the Lord Advocate, and Solicitor-General. " It is hardly worth while," said Dundas, drily, " for the time you will want it ; you had better borrow mine." Erskine's reply was happy and characteristic. " From the readiness with which you make tlie offer, Mr Dundas, I have no doubt that the gown is a gown made to fit any party; but liowever short my time in my office may be, it shall never bo said of Henry Erskine that he ;ul()])tod tlic ahandoncd habits of his predecessor." He had but little use of his new silk gown. When tlu' Q 242 HENRY ERSKINE. short-lived Whig Administration came to an end, Mr Erskine was succeeded by i\Ir Hay Campbell, who became afterwards Lord President. On resigning his gown, he said to his suc- cessor, who had not his inches : " My Lord, you must take nothing off it, for I'll soon need it again." " Mr Campbell replied : " It will be hare enough, Harry, be- fore you get it again." He did get it again, but not till after twenty years had The great event in the history of the Coalition was the advancement of the measure which Ijecame famous under the name of " Fox's India Bill," a measure intended to remedy all that had been found defecti^^e and corrupt in the Indian Government, by the summary process of taking the rule from out of the hands of the East India Company, and in- trusting it to a board of Commissioners. These men were to be nominated in the first instance by Parliament, and after- wards by the Crown. The objections to this scheme were said to be that no link was provided between the Commis- sioners and the Ministers of the Crown, and that therefore they would practically be beyond the control of Parliament. Stronger reasons were to be found in the distrust of the commercial classes of a theory wdiich admitted of interfer- ence with a charter solemnly granted, as exemplified in tlie proposed destruction of the greatest connnercial enterprise that had ever been seen in this country. It was all to no purpose that Fox urged that '' trust abused is revocable ; " the King's dislike to the notion of placing the patronage of India at the disposal of the Whigs, was an argument equally intelligible. But notwithstanding the outcry which was raised against this I'ill, it is considered by many to have been a masterly document, greatly superior in scope and statesmanlike treatment of the subject in question, to the Ih'll of Mr Pitt which was ultimately passed. FOX'S EAST INDIA lUIL. 243 There liad ;ip[)eared about tliis period in society in England, and notably in Scotland, a class of men who gave point to many of the bitterest charges against the Indian Administra- tion ; and were destined to be a blessing to play-writers and novelists, especially Scotch novelists. Tliese were the Nahohn, or, as they were called in Scotland witli a breadth of vow^el- sound closely approachhig the Eastern pronunciation, the " Nawbabs " — men wlio had gone to seek their fortunes in the East while yet our rule was far from being confirmed, and had now returned, in most cases wealthy and irasciljle ; these were fierce opponents to any India Bill. Queer stories followed them. It w^as the belief that these men, albeit they were looked upon with WT^nder and envy, had l^een " notorious evil livers," and were now come home laden with ill-gotten riches and the maledictions of the down-trodden Hindoo. The contest which ensued was for the Whig party a life or death struggle ; and it becomes evident, in reading the numer- ous letters written by Sir Thomas Dundas ^ for the purpose of keeping his colleague informed of the course of events, how little thought there was in the minds of any concerned with the India Bill, what bearing it w^as likely to have upon the natives of the East, or what would be its effect at Surat, or Cosimbazar, compared with the more important question in the eyes of Sir Thomas Dundas and the Lord Advocate, of the " complexion " of the Parliament House, or i\w temper of Pro- vost Grey in Eenfrew, or of Bailie Trail in Orkney, in view of a possible dissolution of Parliament. In the meantime it rested with Mr Erskine to secure every vote that could be obtained for his party. There is abundant 1 Sir Tlionias Dundas succccdoil Iiis nitlicr, Sir Laureiico, fii'st l)aroiiet, in 17>!1. His mother was Margaret, daughter of Alexander Bruce of Kennet. He married in 1764 a sister of Earl Fitzwilliam. Sir Thomas was Lord Lieutenant and Vice- Admiral of Orkney and Shetland, and F.R.S. ; created Baron Dundas of Aske, county of York, in 1794. The Earldom of Zetland was afterwards conferred on the family. The Ikuisc of Sir Laurence Dundas in Kdinhurgh wns the hand- some building in St Andrew Snuaro now occupied hy the Royal Bnnk. 2 44 HENR Y ER SEINE. evidence uf his uuweariod activity. For instance, on the 3(1 December, ]\Ir Erskine writes to Lord Rosebery begging of him to give his vote for the East India Bill, when it shall be brought before the Lords ; " and," he adds, " I shall feel a pecu- liar satisfaction in considering your Lordship's sentiments in a matter of such deep importance to the State congenial with mine, and according with the views of an Administration whose spirited exertions l)id fair to produce the most salutary consequences to the real interests of the empire." In the end, the Bill, after beino; passed in the House of Commons by large majorities, was rejected in the Upper House by a majority of 87 against 29, entirely through the exercise of the King's private influence. His Majesty had previously empowered Earl Temple to inform each peer that he would consider every one who supported the measure as his personal enemy. The hurry and confusion in which Sir Thomas Dundas writes at this juncture conveys but an inadequate idea of the rage and disappointment felt l)y the Wliig party at what they justly considered to be the unscrup- ulous use by the King of private pressure upon the Peers. Hitherto this contest had been fought out with perfect fairness on both sides ; now the winners themselves could not but feel that something like a foul l)low had been the means of their victory. These were the days of " personal government " pure and simple : the old King knew how to raise his arm and bring it down with effect, when there was occasion. Within twenty-four liours the King had desired the resigna- tion of Fox and Lord North, to l)e followed by the appointment of William Pitt (then only in his twenty-third year) as First Lord of the Treasury and Chancellor of the Exchequer, which led to many bitter things being uttered by Fox, — for example, the necessity for the^ House to " convince tlie young men who had taken such unwarrantable steps to possess themselves of power, that Government was not the plaything of children, as their rash and mad ambition miglit prompt them to believe." nr7''s EAS7' /xn/.i niu. 245 Thus luiilcd the .supreme ;ui(l well-couihiiied cllniL of the Whigs '-to inaiiitaiu a piirliainentary party iiidepeudeiit of the King's personal inHuence, and to estaljlisli its supremacy over the royal will.^ The Whigs being now in ()[)[)osition, continued their at- tacks with much perseverance, Henry Erskine in Scotland straining every nerve in order to push forward both })eers and members in rarlianient, while Thomas Erskine, in the House of Commons, was arguing witli much plausibility against a dissolution, the only ground for which, he said, there could- be, was that IMinisters could not get on with the present House of Connnons. In this instance, however, the result showed tluit public opinion was with the King. l*arliament was dissolved in 1784. At the election which followed, 160 of the majority wdiich had defeated Mr Pitt in the House of Commons lost their seats, and the chief support of the Opposition was the nomination boroughs in the hands of the Whig families. Pitt's own East India Bill was passed, and, under it, the Indian empire was held successfully down to our own time. It can scarcely be affirmed that the scenes which marked the later end of its existence, sixty-live years after Eox was %\\\^- posed to sing — "-When first I coalesced with Xorth, And brou^dit my Indian bantling Ibilli,'" were a partial fulfilment of Thomas Erskine's prophecy, when he said in the House of Commons that this Bill would " deluge this country with profligacy and venality of c\'ery kind ; that it w^ould lead to the oppression and misery of tlie in]ia])itants of Iiulostan, till they would rise and shake oil' our yoke."" ' 8ir Coorgc Cornewall Lewis. ^ Closely connected with these discussions is the ill-onicncd })hrase "Perish India," the history of which has itself been discussed from time tt» lime ; notably some two years ago, or more. One writer bcld that tlie origin of the olijtrtion- able phrase was due to tlie words (jf Koln'.->pieiiv, " I'eriss. nl Ir.-, eolonies ]dutot 246 HENRY ERSKINE. The Whig party, as is well kiiuwii, did not regain the ascendancy, except for a few months after the deatli of Mr Pitt, during the next fifty years. It was during the discussion of the East India Bill that Thomas Erskine made his first speech in Parliament, but with little of the success which his former career as a debater had led his admirers to expect. His sj^eech, indeed, was con- sidered a wonderful achievement by those who had not before heard him, but was disappointing to those who knew of wdiat he was capable in his own proper sphere. Mr Erskine, when he heard of his brother's partial failure, merely remarked (foreshadowin£^ a thought of our Poet-Laureate's in making essay of an unwonted task)^ that "Thomas Erskine was like a horse treading on ice, conscious of his powers, but afraid to put them out." He never had any doubt of his brother's final success, and the opinion was justified by the figure the young member of Parliament made in the further stages of the Bill. Various reasons are given for the want of confidence shown by Thomas Erskine upon the occasion of his first address to the House. It is partly explained (at least it is so alleged) by a very graphic, 1jut perhaps somewdiat exaggerated, account given in Croly's Life of George IV. of the contemptuous que la justice." Lord Houghton's explanation was that the expression was in reality made use of by Pitt himself, who added, however, the words "rather than the British Constitution." It would ai)pear that there is no direct report of these words in any of his speeches as published ; but the sentiment is con- veyed in what he said on the second reading of the East India Bill, Jan. 3, 1784, " Compared to these things, the very loss of India, sir— nay, the loss of every dependency of this country— were light and trifling." The India of that day, as Lord Houghton remarked, was regarded as a successful adventure rather than as an integral part of the liritish empire. ^ . . . " Careful of my motion, Like the skater on ice that hardly bears him, Lest I fall unawares before the people, "Waking laughter in imlolent reviewers." — Experiment in ITcndecasi/Uabics. THOMAS ERSKINE IN rARLIAMENT. 247 demeanour, vvliether studied or not, of Mr Pitt duriii«j; tlie delivery of the speech. The scene is thus described : " Pitt, evidently intending to rei)ly, sat with pen and i)aper in his liand, prepared to catch the arguments of this formid- able adversary. He wrote a word or two ; Erskine pro- ceeded ; but, with every additional sentence, Pitt's attention to the paper relaxed, his look became more careless, and he ob- viously began to think the orator less and less worthy of his attention. At length, while every eye in the House was fixed upon him, with a contemptuous smile he dashed the pen through the paper, and flung them both on the floor. Erskine never recovered from tl lis expression of disdain ; his voice faltered, he struggled through the remainder of his speech, and sank into his seat dispirited and shorn of his fame." Whether this were the cause of Mr Erskine's very mod- erate amount of success upon this occasion or not, it is certain that he ever dreaded the sarcasm, the lofty tone, and the cut- ting irony of Mr Pitt. At a dinner given by Mr Dundas at Wimbledon, Adding- ton, Sheridan, and Erskine being present, the last was rallied upon his not taking so prominent a position in the debates in Parliament as his high talents and reputation entitled him to assume, when Sheridan said, " I'll tell you how it happens, Erskine ; you are afraid of Pitt, and that is the flabby part of your character." ^ Sir Thomas Dundas in the following letter briefly alludes to Mr Erskine's first parliamentary speech. This and other letters here given appear to have been chiefiy sent by mes- senger. They often consist of merely a few lines. The series indicates distinctly the course of events in London, and not infrequently, by inference or allusion, wliat was going on in Edinburgli, as well as the remarkable organisation by wliieb the Whig party were enaljled to show a goodly front in Par- liament, in large measure through Mr Erskine's elTorts, wliile ' Pcllew's Memoirs of Lord Sidviouth. 248 HENRY ERSKINE. the great body of the people touk the side (jf the King and the ^linisters of his choice. At an early stage of the Coalitiun's existence, Henry Erskine was appointed to the othce of Advocate and State Counsellor to the Prince of Wales ^ on his Pioyal Highness's establishment as Great Steward of Scotland, Sir Thomas Dundas being also one of those Counsellors of State. Sir T]ioiiia>> Lundas to Mr Erskine. " Aklingtun Street, list Noccm^- 1783. " ]\Iy deak Haery, — I arrived in town on Tuesday even°- just time enough to be too late for Fox's speech in the House on proposing the East India Bills. He presented them yester- day, and moved for the 2"^ reading next Thursday. Pitt, who on Tuesday moved for a Call of the House for that day fort- night, and who most violently threatened vengeance if we did not put off the 2'^ reading to the day of his call, when we came to the question last night did not dare to stand a division. Your brother in an excellent speech made his first show in Parliament. " As there is to be a Call of the H""- on Tuesday, the 2d of Decern^", pray let all members within your reach know — ioIlo are of a right icay of thinking. Maitland pretends to say that Sir John Henderson is in Opposition. Is there any founda- tion for sucli a suspicion ? " I was two hours and a lialf with the Duke of Portland yesterday. He is very much pleased with every part of our conduct. AVe had so much to say, and upon so many different subjects, that our conversation was a sort of general review of everything, so much that I can iU)t recollect any particular circumstance more striking than another to mention to you, except tliat of your coming into I'arliament, wliicli we dis- 1 It is in reieruiicc to this dixuinstauct' tliat Kay has oniainenkd ]\Ii Ei>>kiiii".s portrait with the Prince of Wales's feathers. SIR T. DUNDAS'S LETTER. 249 cussed very minutely ; and Adam is employed to settle matters witli Sir James/ who is so very extravagant in liis demands, that we are at present at a wide distance. You sliall hear wliat progress we make in tlie course of two or tln^ee days. " Some person (I ha\'e forgot who) lias recommended Lord Traquair to the Duke for ;i pension. Is he a proper or a very pressing object ? " Since writing the above I have been witli Charles Fox. He and the other members of Administration are very anxious to have every person 'we, am depend upon up ; therefore a King's messenger is to be this moment dispatch'd with appli- cations to everybody to be here on Thursday next, the 2Vtli, if possible, as a material question upon the E. India VAW will certainly come on that day. I am therefore desired to beg that you will forward all the letters which come by this messenger in the most expeditious manner, and that }'ou will write pressingly to those with whom you have influence. " I wish you could speak with Frank Charteris,^ as he is a little difficult to manage. "I leave it to you to judge who you can best send to, but pray leave out none vjc can deiiend upon. — Yours in great haste Tiios. Dundas." No dak. " My dear Harry, — I liave just time to inform you that we finished our 1^11 in the H'^- of Com"'- this morning at l past 3, witli a division of 208 to 102. It was this day carried to the Lords, and without any division ordered to be read a 2' time on Monday next, when we expect the great debate — we shall carry it by a gnat majority in that House. It was supposed that Lord Mansfield and Lord Storniont would ' rrobal)ly Sir James St Clair Er.skiuc. - Eldest sou of sixth Earl of Wcmyss ; on tlic family :ittaiiuli>r luin.^ removed, in 17S7, Francis Cliartcris became Lord Eklii>. 250 HENRY ERSKINE. oppose the Dill ^•iolelltly ; but on the contrary, they are both to support it. " Your exertitjn to send up the Scots Peers or their proxies is much admired and applauded. I assure you, without a joke, it has given great satisfaction. T. D." '* London, \Wi Decern^'- 1783. " My dear Harry, — The confusion of the moment renders it totally impossible for me and unnecessary to you that I should look back to your letters, with intention to write you in answer to any of them. Looking back will do no good ; we must now look forward, and look steadily, with great atten- tion and determination. The India Bill was last night thrown out of the House of Lords. On the other hand, we carry'd two strong questions in the Commons by great majoritys — the one 155 to 80 ; the other, moved by your brother, 147 to 74. Notwithstanding these majorities, Lord Temple, Mr l^itt, and three others of the same party have this day been with tlie Kino' and have undertaken the manaG^ement of the Government of this devoted country. Parliament will be dissolved on Saturday : it therefore becomes necessary that every well-wisher to the wellbeing and salvation of this Constitution should exert himself to the utmost in forming tlie new Parliament properly. " I think tliese new Ministers are so little known in our country, tiiat those who are known, although not Ministers, may still have some weight. " Fox was with the King after Lord Temple and his friends came out, and H.M. said nothing to him out of the common road of Inisiness, whicli is rather extraordinary. However, tliere is little doubt of a dissolution. " Eeport sa}'S Pitt is First Lord of the Treasury and Chan- rollor of the Exchequer, Lord Temple Secretary of State, &c., kxi., &c. LETTERS. 251 •' From the nicest calculations of those wlio knijvv all the connections of this country, it is said with confidence that the new Administration will at the utmost gain twenty-four votes from amongst our friends, whatever they may lose in the jumhle from their own, which will secure to us a large majority in the new Parliament. " Speak to every friend, exert every move. ''TlIOS. DUNDAS. " The Peers must think of a proper Constitutional list. I will send you ours. I am going to Fox's this moment on tliat subject." " Aklington Street, lid Decern''- 1783. " My dear Harry, — I lose not a moment to inform you of the very extraordinary event of this day. " In the first place, the majority of the House of Commons, which is now the Opposition, with a generosity of sentiment and magnanimity peculiar to themselves, began the business of the day by passing the Land Tax ; after which, the order of the day being to go into a Committee upon the state of the nation, Mr Will"'- Grenville (before the Speaker left the chair) inform'd the House that Lord Temple had resigned.^ We then went into Committee, and your brother, seconded by Colonel Fitzpatrick, moved an address to the King — a copy of which I send you inclosed. It needs no comment. In sliort, the disappointment, distraction, confusion, and (T liad 1 Lord Temple had been the iiiedinm for making the King's sentiments known regarding the P.ilh "His Majesty allows Earl Temple to say, that whoever voted for the India Bill was not only not his friend, but would be considered by him as an enemy ; and if these words were not strong enough, Earl Temple might use whatever words he deemed stronger and more to the purpose"— AVraxall's Mcms., iv. 557. AVhen the outcry arose, Lord Temple took tlu' responsibility upon himself and retire.l. So certain had the Opposition been of the success of their party, that Mr Adam, before the division whi. li vir- tually settled the question, is reported to have used the words—" I wish I wore as sure of the kingdom of heaven as I am of our carrying the 13ill this evening." 252 HENRY ERSKJNE. almost said) shame of these our opoiients, are not to be described. The address is to be carried to the King by the whole House, and will probably Ijc received on Wednesday. " There is an end of all allusions respecting a dissolution. " His Majesty's present Administration consists of Mr AVilliam Pitt, Chancellor of the Exclieq^-, and the Earl Gower, President of the Council — no other person having as yet accepted, or noiv being likely to accept, of any office. " In sliort the game is up with them. " Fox says he hopes that you and Wiglit-^ have not wrote to resign your offices, and desires you may not think of doing so. " For God sake publish the address in e^^ery paper, and also the account of the proceedings of the present glorious and unparaleled Ministry, that it may be proclaimed to the re- motest corner of the country. I wish you may be able to make sense of tliis confused letter, for I am so hurried, and twenty people talking to me, that I hardly know what I am writing. — Yours faithfully, Tiios. I) UN DAS. " Let Lords Elliock and Kennet know all." " London, \st January 1784. "My leak Hakky,— I am delighted to find by yours of the 26th Decem^- that my letters of the 2 2d, with the copy of the ad(h'ess, had a good eit'ect. Believe me, the game is up with tills still-born Admiuistration. They begin to look upon it as all over themseh es ; and the K has lately used expressions which are not very promising in their favour, — such as, * He had no wish to turn out the late Ministry ; ' and, 'These gentlemen liave taken tlie Government upon tlieni- ^ AlfXcUidci- ^\'ii;]lt, advociilf, alierwiirds one of the Counsellors of State to the I'rinec of Wales, was author of Treatise on the Laics concer)ii)i(/ the Election of Representatives sent to Varl. (Edin., 1773), &c. He was the fiieiid and hoon companion of Andrew Croshie. — See Chambers's Traditions. LETTERS. 253 selves — they liuvo tlicmselvt's to ])l;iiiie if they cannot cany it on.' All this looks very much lik-(3 ])reparing for a cliange. Keep up your spirits, and do not let them crow too niucli on tlieir supposed victory. " You are mistaken witli respect to Lord Stormont. Xo man can behave better. He resigned with the others, and is as steady as tlie Bass. The 1). of l^ortland sent f(n- me the other day in a great liurry to sliow me your letter of resigna- tion before he sent it. For C}(xl sake send Frank Charteris up. We have lost but one member, and tliat is a Scots one, Sir J. Cock — n. Sir Eobert Herries was thouglit to l)e off, but he is as firm as ilint. '' Pray, where is Sir Eobert Lawrie ? I believe he is in Scot- land. Set Sandy Fergusson ^ at him. We must not lose him, although the Duke of Queensberry is against us. " I will send you soon a state of what wc; meant to have been our operations amongst the peers. I think we should not lose sight of it, as we must, if possible, damn a great num- ber of the present 16 ; but it must be done with caution and confidence. — Best comp'^''- of the season." 1 Alexaiuler Fergnssoii of Craigdarroeh (head of an ancient family in Dum- friesshire), "so famous for wit, worth, and law," as Burns wrote, was one of the Counsellors of State on the Prince of Wales's Scotch establishment. But he is more celebrated for the triumph in compotation he achieved, in carrj-ing oft" from his relatives, Sir Robert Laurie of Maxwelton, and Riddell of Gleuriddcll, the old Scandinavian "Whistle " preserved in the family of the latter. The struggle between the three kinsmen is described in a poem by Burns, the umpire specially invited to be present to record, in proper terms, the incidents of the contest, which took place at Friar's Carse on Friday the 16th October 17S9. Probably the only pictorial representation of this glorious victory is a poorly printed woodcut, but apparently by one of the Bewicks, or of their school, whiidi illustrates a volume of local poems, dated Alnwick, 1809. This cut, a curiosity, has been admirably reproduced by the facile pen of Mr W. B. Hole, A. U.S. A. (see page 262). The hypercritical will assuredly take exception to the type of Whistle, in this picture, which the victor blows in triumph ; it .should not have been an instrument of the " penny " class, as here given, but "a small ebony whistle." This is not, however, a solitary instanco of historical acturary sacriticed for the sake of pictorial elTect. 2 54 HENRY ERSKINE. ♦' London, 3rcZ FcW-' 1784. " My deau Hapjiy, — We are still victorious in the House. Our majority last niglit increased considerably. We were 223 to 204, and tliat upon a personal question. I will send you a newspaper where the whole is stated. The Country Gentlemen of the Congress at the St Alban's begin to be out of humour with Pitt, and what is of more consequence, tliey speak of the Duke of Portland in the highest terms. We shall probably have a motion in the House to-day for an address to the King to re- move the present IMinisters, which w^e shall certainly carry by a greater majority than we had last night. It is reported that there is an answer ready similar to that of C. 2'^ I will send you the letters you desire for Linlithgow in a day or two. It is still necessary to be as attentive to all the political arrange- ments as if w^e were certain of a dissolution. If anything happens in the House of Com"^ to-night worthy your notice, and before the post goes, I will write you again. — Yours." The Earl of Buclian to Mr Erskinc. "Great Cumberland Street, Uh Feb. 1784. " My dear Brother, — Sir W™- Cuninghame dined with me yesterday, from whom I received some good accounts of some of our interests in tlie North, where you may be inter- ested, in case the mad measure of dissolution is adopted. " It gives me great pleasure to find that your conduct has given so much satisfaction to your friends who were driven from the helm ; and I have no sort of doubt tliat when they return to it again you will 1)0 amply rewarded for tlie lionour- ^ The allusion here is not quite obvious. It has, however, l>cen veiy kindlj^ suggested by a distinguished historian that the reference may possibly be to an incident recorded in the Parliamentary History ; that in answer to an address to remove Lauderdale (May 10, 1678), Charles replied, on May 13 : "This address is so extravagant, tliat I am not willing speedily to give tlie answer it deserves," LORD BUCHAN IN LONDON. 255 able and spirited attacliiiieiit }'ou have .shown to those who did justice to your professional merit, and to tlie cliaracter you liave merited in publick and private life. I need not assure you that it has afforded me great satisfaction, not only to hear you spoken of in terms of respect, but to give a testimony of the opinion I have conceived of your ability in the conduct of affairs connnitted to your superintendence. " I kissed the King's liand at tlie Icvic on Wednesday the 28th, immediately before the city address was presented ; but tho' there was so excellent a linctus to make me go down, I cannot say that I found my reception so gracious as formerly. I kissed the Queen's hand on Thursday : there was an immense crowd, — not fewer or less splendid than there was at the birthday. Her Majesty seem'd to dispose of her smiles in the Court Kalendar of the da}'. "I attended for the first time in my life the 30tli of Jan- uary sermon at the Abl)ey. The conclusion of tlie bishop's discourse would have made a capital ijcroratio of a speech in the House of Lords. " There was a ridiculous incident in the choice of the an- them for the occasion, in which, from the first chapter of tlie Lamentations of Jeremiah, there was this passage : ' I am in the midst of mine enemies. They have called up an asscmUy against me to crusli my young men' I pointed it out to the prebendary, Dr Finch, who sate in the next stall to me. The anthem ivas changed. " I attended the debates in the House of Commons on the great day of Monday the 2d of Feli., the purification of the Virgin, when by the resolutions of an insulted House of Commons the Constitution was attempted to be purifyed from the stains of corruption. Fox, in his first speech, outdid him- self ; nothing could be greater, more eloquent, or more argu- mentative. The ground on which he stands is strong indeed, and if there is spirit enough in this countrv he will not be forced to desert it. 256 HENRY ERSKINE. " Mr Pitt's appearance did not equal lu}' expectations. There is a petulance in his manner, and a want of closeness in his matter, which leave him no mure than the fascinating charm of eloquence, supported by an occasional energy of expression, which he seems to have inherited from his father. " He is certainly, however, a very uncommon political phe- nomenon at his age ; but much of his merit is imputed and derived from the prejudices conceived in his favour on account of his descent and high-flown professions, not yet belied by his ha^dng had the opportunity of becoming, like other Ministers in this country, odious on account of their participation in the publick measures which have lessened the power and the glory of this country. " Lords Mansfield and Stormont made great appearances yesterday in the House of Lords. How we are to get out of this cursed business with safety to the country, I know not. " The system of twenty years is now ripening, and about to be put to trial. I hope there is spirit enough to give us, by the blessing of G-od and the consciousness of a good cause, the deliverance whicli is necessary for the preservation of the State. " Lady Buchan, Lady Bell Hamilton, and Mrs Gilbert desire their best compliments to you and to ]\Irs Erskine ; and I ever am, my dear Harry, y^"^* faithfully and affectionately, " BUCIIAX. " Present me affectionately to Mrs Erskine and the infantry." ^ir Thomas Dundas to Mr ErsJciiic. "LoNDOxV, WiFchni- 1784. " My dear Harry, — I have by this night's post wrote par- ticularly to Provost Andrew at Linlithgow. I have told him tliat if he wishes for further information, he has only to make application to you, who are perfectly confidential witli me in PARTY POLITICS. 257 everythinf>'. I hear it is immediately iieeessary to have the establishment of the rriiice of Wales made out. J liavc not time to write you fully upon that subject to-night, l)ut will do it to-morrow or Thursday. The present glorious Ministers begin to droop most piteously ; their famous address from the H"* of Peers is turn'd into sucli ridicule, that they can not bear it. Lord North says it should have l)een sent to the Commons, that they might liave unanimously joined in it, and it would have gone to the throne as a joint address of both Houses. Keep a good look-out in all quarters, because if it is possiljle (after the 25th of March) the K. will dissolve the Parl*^. Have you ever said anything to Honeyman about Orkney politics ? We are perfectly safe there ; therefore this may perhaps be a good opportunity to secure him. " Sandy Fergusson has never sent me the state of the southern and western counties and l^oroughs, which he promised me." ''London, Wi March 1784. " My dear Harry, — You will probably lie much surprised when you hear that we carried the question of a representation to the King last night only by one vote. The numbers were 191 to 190. . . . We had many of our friends absent, which they knew must be the case, and therefore made the stronger exertions, and brought down the sick, the lame, and the blind. They thought they were sure of carrying the question by eight or ten, and we expected to lose it l)y four or five. Never were men so much disappointed as they were on finding we had a majority of one. The representation is per- haps the finest drawn paper that ever was wrote explanatory of the conduct of the House of Commons, and in answer to the King's answers to our addresses. " Fox, Lord North, and those amongst us who know l)est, say that Ministers cannot dissolve Parliament unlill the supplys are voted and tlie taxes passed. T must own I do not agree R 2 58 HENRY ERSKINE. with them in opinion, and I should not be much surprised if we were with other fools to be sent upon an errant in tlie beginning of April ; it is, at all events, highly necessary to pay great attention to every place where we have the least hope of success. Pray what complexion do our political con- nections wear upon the whole ? Do you think we gain ground or lose ? " You have never sent me Fergusson's account of tlie southern provinces. Murray of Broughton will do what we please, but he doubts if any of the candidates will be steady. Which is the best ? I send you enclosed a pattern for drawing our address ; get it published. — Yours." Here follows another letter from the same writer, dated London, 18th February 1785, in which occurs the ominous sentence : " This is a moment of the most anxious expectation that perhaps ever occurred in this country." The cause of this alarm was the moving in Parliament of tlie " Irish Eeso- lutions." The object of these Eesolutions in the Irish Parlia- ment was to place upon an equal footing the duties upon Irish manufactures as compared with those of Great Britain. The Navigation laws had forbidden Irish vessels to trade dived with any British colony : they must sail from a British port. Mr Orde's scheme included a plan by which, in case of a surplus accruing on the adoption of his propositions, it should go towards the nuiintenance of the British fleet whicli pro- tected our commerce. The union witli Ireland was still in the future. Mr Pitt inclined to make these concessions ; wliich Lord North considered " out-did everything that the wildest imagination could suggest." A perfect flood of peti- tions set in from every manufacturing town in England, and from Paisley, Glasgow, Dunferndine, and every aggrieved town in Scotland,^ in response to Mr Krskine's urgent representations. If considerable space has been taken up with the politics of ^ Sec Sea's Magazine, Feltriiarv niitl April ITS.""!. IRISH RESOLUTIONS. 259 tliis period, it is with the view uf showing with what persever- ing energy Wx Erskine worked in the interests of his party, , and tlie wonderful organisation ])y whicli that party was hekl together when everything seemed to be against them. Tlie most ample credit was given to Mr Erskine for his unparal- leled efforts, by the English leaders. The letters of the Duke of Portland at this time are very numerous, but w^ithal so lengthy, prolix, and \ininteresting, that it lias been thought better to spare the reader the infliction of them. One letter of his Grace, however, contains a very remarkable expression, which conveys very distinctly the opinion of the ex-Prime Minister that the results of Mr Erskine's exertions extended far beyond the circle of local party politics, and that it was the nation that was likely to benefit by his lal)ours. This is the sentence alluded to : — " I cannot sufficiently express to you my gratitude for your endeavours to preserve this country from utter destruc- tion, when I declare to you that our salvation, if we obtain it, will be in a great measure owing to your exertions." Again, on the eve of the " disgraceful dereliction by Mr Pitt " of the Irish Eesolutions, his Grace writes : — " London, Saturday, 7 May 1785. 4 P.M. " My dear Sir, — The very extraordinary exertions you have made in opposition to Mr Pitt's intended transfer of the commerce of this kingdom and complete ruin of the landed interest, insure me the most favourable construction of the sentiments which such services must liave occasioned in my mind, and therefore I shall not detain you with a repetition of my thanks. . . . Portland." For a moment Sir Thomas Dundas arrests the torrent of political letter-writing to offer condolence with ]\Ir Erskine on tlie loss of his second-born son in Nov. 1784. Many such 26o HENR Y ERSKINE. kindly messages are sent to him from relatives and others. Amongst these, Lady Anne, his sister, expresses her sympathy, as well as that of the aged Lady Huntingdon, now drawing, very near to her end, who refers to her former acquaintance with Henry Erskine when he was a youth at Bath. This portion of Mr Erskine's correspondence contains like- wise various instructions by the Prince of Wales, conveyed through Sir Thomas Dundas, regarding the composition of the Prince's establishment in Scotland. Eor instance, under date "House of Commons, 1st Dec. 1783," — " . . . You will pre- pare drafts for the warrants for all the appointments, accord- ing to the first report of the Prince of Wales's establishment (except the Writers to the Signet, which is not to exceed seven in number) ; " showing that this branch of the legal profes- sion was also represented amongst the Prince's servants, though no mention of the fact has been found in any of the books of reference which have been consulted. Eurther, in a postscript to one of his letters in 1785, Sir Thomas adds, " All your letters and mine are o^jened in Lon- don." This may account for many of these being unsigned, though usually Dundas's letters seem to have been sent by messenger. Occasionally the correspondence at this period is relieved by scraps of news — as when Sir T. Dundas describes how " Sheridan has had a compleat trimming both from the D. of P. and Eox, and promises to be more cautious in future ; that cursed hobby-horse of his called Wit frequently runs away with him." Again, Sir Thomas would know, " What is all this noise in the papers about digging up the streets of the Aidd Toun .? " ^ The Duke of l*ortland has been victimised, and writes : " Sir J. Dalrymple is so good as to send me some publication or letter hy almost every 2^ost : they abound in much useful ^ The levelling of the High Street, and the angry feelings wliieh that scheme evoked, are discussed at great length in Kay's Edinhvriih Portraitii, DUKE OF PORTLAND'S LETTERS. 261 and iinpurtaiit information.-^ I wish you would take an opportunity of expressing to him, in suoli terms as you think will be most pleasing to him, my sense of his atten- tion to me, and merit with the publick.'' At a somewhat later date much of the Duke of Portland's correspondence with Mr Erskine, usually dealing with the driest of party politics, is taken up with a subject in which his correspondent took the liveliest interest — namely, the free- dom of election, and, as they phrased it, " the Independence of the Scottish Peerage." There seems to be evidence that the efforts of Mr Erskine and others in this direction were not without results, in the fact that at the period alluded to — that is, during the excited contest in the matter of the Piegency Bill — when the question came to the vote, six of the Scottish peers were with the Government, and seven on the other side.^ It would lia\'e been satisfactory could Mr Erskine's replies to the numerous letters of this period have been given. His answers to the many letters of the Duke of Portland which remain, would doubtless have afforded an interesting view of public feeling in Scotland ; but though replies must have been written, none have been found. Lady Ossington, the granddaughter of the Duke of Portland, with exceeding courtesy made search amongst the MSS. in her charge, but could find no trace of any of Henry Erskine's letters. A distinct loss to the history of this eventful period is indicated in a sentence which Lady Ossington has written : " Decem- ber 1880. — A great many years ago, when application was 1 One of the many projects of Sir John Dalrymple is tlius described in tlie okl Scots Magazine: "Sir John Dalrymple (in the trne spirit of patriotism) has appointed servants to teach any person the method of niaking soap from herrings gratis. The soap is made without any mixture of tallow or oil. . . . Candles will be cheaper when tallow is not used in soap. It will wash with cold water, hard water, or sea-water— a circumstance of great importance to seamen. Sir John has also discovered a method of taking away the bad smell from lish soap." '^ See Life of George IV., by Percy Fitzgerald, ISSl. 262 HENRY ERSKINE. made to the late Duke of I'ortland for his consent to an investigation of some of these letters, he found on inquiry from his father's valet that my father had destroyed whole basketsful of letters to Ids father, from aLout the year 1790 till his death in 1809: there is very little doubt that the Lord Advocate of Scotland's letters shared this fate." Inquiry obligingly undertaken by the present Earl of Zet- land regarding the correspondence of his " forebear," Sir Thomas Dundas, had no better results. DEAN OF FACULTY. 263 CHAPTER X, DEAN OF FACULTY LETTERS SIGNOR LUNARDI — EDINi3URGH DIS- PENSARY DRYJ3URGH ABBEY MRS SIDDONS NEW TOWN BURNS AND HENRY ERSKINE DUCHESS OF GORDON STORIES COUNTESS OF GLENCAIRN MRS MARIA RIDDELL AND METRICAL MISCELLANV. At the end of the year 1785 Mr Erskiiie had the satis- faction of being elected Dean of the Faculty of Advocates — an honour held in the highest estimation Ijy every lawyer,^ as well it may be; for few distinctions can be considered more valuable than one such as this is, conferred on a man by the voice of his fellows. The qualifications for the post of Dean of Faculty are understood to be acknowledged eminence in the profession, conjoined with seniority. These are, or should be, held to be paramount — and in good times, no doubt, are so considered ; but it is to be feared that political feeling, whicli in theory lias no place in such an election, is sometimes allowed to enter. At all events, such was the state of things at the election in December 1785. It could lianlly have bi-cn otherwise in the condition in which the country llieii was with regard to party feeling. For tlie Deansliip the con- trol): ^ So higlily did Francis Jcffiey value this purely honorary office, that sti as was his aflcction for his offspring, the Edinhuryh lie lieir, ho thought that if he wore surr. of l.cing made Dean by announcing that he had given it np, he could do it at once. — Sec Life of Jeffrey. 264 HENRY ERSKINE. test was keen, and the result can unly be considered as highly creditable to Mr Erskine — affording as it does evidence of the opinion of his learned brethren of all classes regarding him, and this at a juncture when, as shown by the elec- tions of the preceding year, Tory feeling was strongly in the ascendant. Mr Erskine's theory was that such an honour as election to the office of Dean was one which no advocate, however eminent, should presume to think was his due, or should ex- pect to have conferred upon him tmashccl for. With this idea he did not think that he in any degree descended from a position of dignity by asking those whom he thought well disposed towards himself to support his candidature. A char- acteristic reply to such an application, written by Sir Eobert Anstruther of Balcaskie, is here given, as well as one or two other letters on his appointment : — "Balcaskie, 16th Dec^- 1785. " My dear Harry, — There is one member of the Faculty only, Lord Dalhoussie, who would have a prior claim upon my vote and interest were he to stand against you, and as he is not likely to be your rival, I think you may depend on me if necessary. At same time, bad weather, w^orse roads, thirty-one years being of the Faculty, and the Jus his trium Libcrorum, give me a good claim to an exemption from duty unless it be really necessary, in which case I shall cer- tainly wave all my priviledges and attend your call. Write me, then, if I must come over. N.B. — I lost nine elections last year, which is no good omen for the side I join. " How you, an old married fellow, should still be such a favourite among the girls, is somewhat mysterious ; but the moment I mentioned your being a candidate, there was not one dissenting voice among my daughters from your being elected, S(j that family peace joins with friendship to secure me. " PtOB. Anstruther." CONGKA TULA TJOAS. 265 "Ul'LEATHAM, '60th Dccciii''- 1785. " My dear Dean of Faculty, — ..." I rejoice and am exceeding glad at your victory — and a great victory it appears to nie to be, because your oponents certainly stirr'd heaven and earth, with all the lielhsh powers of administra- tion, to defeat you and the cause of freedom at the Scots Bar. You have now, thank God, got the command over our enemies, and I know you will make a good use of it. I'ray, will not all these meetings upon the Judges Bill, and distil- lins^, brew into something ? . . . Th. Dundas." Mr Hamilton writes from Bargany on 2d January 1786: — "I had the pleasure to receive yours of 27tli Decem'-, and if you had wrote to me to come to town to give my vote for your being elected Dean of Faculty, I woud certainly have obeyd your summonds. The election has turnd out entirely to my wishes, and I most sincerely wish you joy ; and may this honour conferd by your brethren be followd by others e(pial to your ability s and merit, is the sincere wish of . . • "John Hamilton."^ ' 1 ]\Ir John Hamilton of Bargany ^vas "a stanch sui)porter of the honour and credit of his native district of Carrick. " The Laird of Logan is recorded to have taken advantage of this innocent peculiarity on one occasion to take some amuse- ment out of nv Hamilton. At the examination of a prisoner named IMossman, suspected of theft, brought before Mr JMontgomerie and several justices of the peace, including Mr Hamilton, the Laird is said to have offered the following reasons for considering that the prisoner was a thief, and issuing a warrant for imprisonment : 1°, Because the prisoner had been found on the king's highway without cause ; 2°, Because he had " wan'cr'd in his discourse ; " and 3°, Because he belonged to Carrick ! The last reason, when assigned, had the desired effect upon Mr Hamilton. It was, however, no joking matter for the prisoner. For the trifling theft witli which he was chaiged, JSIossman, it is said, suffered the Kast penalty of the law on the 20th May 1785.— Kay's Portraifs, ii. 128. 266 HENRY ERSKINE. In 1785 Signer Vincent Lunardi, Secretary to the Neapoli- tan Embassy, and, as lie described himself, " the first a?rial traveller in an English atmosphere," made liis appearance in Edinburgh. In his letters from Scotland, which were puV)- lished, he writes thus : '' I am happy in the acquaintance r)f the Hon. Henry Erskine, Sir Wiliam Forbes, and Major Eraser." It is related that while Lunardi's vehicle was being exhibited at the Parliament Close, with characteristic kind- ness Mr Erskine was able to direct the adventurer to an artisan who gave him valuable assistance, when he w^as like to have been deserted by the w^orkmen wdiom he had en- saejed to fill his balloon. His ascent w^as a great success, and caused the greatest excitement throughout the country. " He w^ent off," as an eyewitness described, " in the grandest style, precisely like a sky-rocket ; " and after passing Inchkeith, and through clouds of snow, at a height of some three miles above North Berwick, finally landed near Cupar, in Fife. Mrs Durham of Largo w^rites as follows on the 6th October 1785:— " . . . I had the pleasure of seeing Mr Linardy on Wednesday, the 5 of October, make a most beautyfull and most successfull ai^eriall voyage, and he landed within a few miles of this place. . . . He took an oblique course across the river of Forth in a N.N.E. direction, and came upon the land directly over the house of Wemyss, which is 14 J miles of water. While aljove tlie water the balloon continued very low, which he cannot account for unless by some attraction in the sea. . . . He flew 8 miles to a place called Craighall, wlien he called to some reapers throw a speaking-trumpet, wlio, taking it for tlie last triiiii])et, or tlie divell come in person to carry tliem away, ran off' and left tlie balloon in a sort of floating undulating state, surrounded l)y a nundter of crows, of which that neighbourhood abounds. About a mile SIGNOK LUNAR D/. 267 farther a stout and advciitiiious farmer, who had read tlie news- papers, catched hold of the rope and anchor, and with some (Ulli- culty fixed it, and relieved our poor [illegible] adventurer from Ills carr, and from the danger of blowing about 4 miles further, where the river Tay falls into tlie ocean, of which hazard he was so much aftraid, tliat he eagerly kiss'd this good farmer and his assistants, and, letting (nit his remaining gas, got to a minister's house at Ceres, where he still seemed like one drunk, tho' he had not tried his Madeira nor the refreshments he had in the carr. . . . What surprized and terriffied the villagers was that the poultry, and in particular the ducks, all made a noise, and seemed to be conscious of suprize." ^ No honour was too great for the young, handsome, and successful voyager, " Lunardi wdiom the ladies love," as he had the effrontery to describe himself. "Your Highness'' and " King of the Air " they styled him. Church bells were rung ; the freedom of burghs was conferred upon him. He was invited to St Andrews by " the club of gentlemen golfers ; " and, highest honour of all, by diploma, the honour of kniglit- hood of the Beggar's Benison was bestowed upon liim, as on one who had carried his jinks to a height unheard of yet in prose or rhyme. On his return to Edinburgh he is recorded to have entertained some of the more lively spirits of tlie " Chro Callan Fencibles," at " Dannie Douglas's " tavern in the Anchor Close — the special resort of lawyers — with the relation of his experiences with the Benison. Their favourite chant, already mentioned, he brought to the notice of the " Fenci- bles." ^ It is not unlikely that it was Mr Erskine who pre- sented Lunardi to this Society, as he did in the case of Burns tlie following year ; and it would seem not iniprobalile that it was thus that Burns was induced to take up the old form and refrain of ritmilly's chant, and, using it as a oidrr, fit into it the figure of Captain Grose. 1 rolton ^IS. - Conf. A IVinlcr in EdinbKrgh with /??n-«.s in 1786. 268 HENRY ERSKINE. It was in compliment to the gay and gallant young voy- ager, and the triumphs achieved by " the powers of chymistry and the fortitude of man," that Scottish ladies adopted what were called "Lunardi" bonnets. These v/ere for a time the extreme of fashion. They were appropriately constructed of gauze, or thin muslin, extended on wire, the upper part ex- panding into the dimensions of a miniature balloon. Burns has immortalised this article of dress, and the self-sufficient young traveller, in a single line — " But Miss's fine Lunardi! fie ! " So that his name has been carried to every corner of the world — that is to say, wdierever Scotchmen are to be found — a result wdiich he could not have achieved for himself by a hundred successful flights.-^ In the year 1786 the Earl of Buchan succeeded in buying back a small part of the lands which had of old belonged to his ancestors — namely, the small estate of Dryburgh, with the ruined Abbey, and mansion-house, which had been built in 1572 by George Haliburton of Merton. It had been the fate of this fine old place to be passed from hand to hand in a manner both curious and sad, until it at last returned to the Erskine family. The Abbey had been sold m 1682 to Sir Patrick Scott of Ancrum, from whom it was purchased by Thomas Haliburton of Newmains, advocate, the ancestor of Sir Walter Scott. The Haliburtons sold it to a Colonel Tod, from whose heirs tlie Earl of Buchan bought it at the period mentioned. Lord Buchan took great pride in tliis pretty and most inter- esting spot. There is a curious letter of his addressed to King ^ In the Accoimt of the frst Aerial Voyage, 1784, there is a beautiful ])ortrait of the voyager by Bartolozzi, most artistically executed, and very difl'erent from the somewhat flat work of Kay, who also represents him, Fice Aerial Voyages in Scotland, now very scarce, was issued by Sig. Lunardi in 1786. DR YB URGH ABBE Y. 269 George III., in wliicli he informs his ^lajesty of his pnrchase, which he describes thus : — May \Wi, 178G. "... I am about to retire to a little place on the banks of the Tweed, which, with much ado, 1 have purchased from the wrecks of my family. This is Dryburgh A])bey, of which I shall hereafter do myself the honour to send your Majesty some drawings. " My estate is inadequate to my making a Strawberry-hill of this retreat, and therefore, from past experience, I may guess that I shall not ]ia\'e it in my power to do more tlian philoso- phise and take care of the res angusta doiiii. Nevertheless, I \\o^Q sometimes to be able to communicate what may be agreeable to your Majesty on literary subjects." Here for half a century he established himself, and hospit- ably received all who were like-minded with himself. Having no children of his own, his natural kindness, and that of Lady Buchan, was lavishly expended upon those of his brother Henry. To the young Henry David especially (to whom it appeared that the titles and all the lands of the family would probably descend) Lady Buchan was most devoted in her affection. Tlie young heir, as a child, was somewhat puny and delicate : on this account Lady Buchan would take him down to tlie Tweed, which runs hard by the house, and herself bathe the child, in the hope of adding strength to his constitution. In after years young Henry Brougham was a great favourite and a constant visitor to the Earl at Dryburgh. His nephew, Lord Buchan, writes : " He [Brougham] was very young when he came to Dryburgh. My sister Henrietta, who was some- thing of a kindred spirit, delighted in his visits. There was no end to their romps and fun. The orchard there is full of gien trees (a kind of small black cherry), and Henry Brougham used to climb into them, and throw the fruit down to my 2 70 HENRY ERSKINE. sister : she was so fond of it tliat he used to call her Duchess of Giens. She in return used to make fun of a little pig-tail that he wore — not the most convenient coiffure for the middle of a cherry-tree." The kindly nature and zealous activity of Mr Erskine in a good cause are nowhere more clearly seen than in the useful, but comparatively commonplace, sphere of manager of a public charity. His friend Dr Andrew Duncan, so far back as 1776-77, laid before the public of Edinburgh a plan for a public Dispensary, of which he was ultimately the founder. From the first the sympathies of Mr Erskine and others of his friends were enlisted in this scheme. Mr Erskine sat as President at the first recorded meeting of the subscribers to the charity, on 2 2d May 1778; and, as a survey of the minute-book shows, from that time till very nearly the date of his retirement from public life, with the exception of those periods in his career when his time must have been fully occupied with the duties of Lord Advocate, there were very few meetings at which he was not present. Usually he sat as chairman, and applied to the business before him the sound judgment and practical common-sense for which he was remarkable. Of this there is evidence. It is indeed somewhat amusing to notice in the early re- cords of this excellent institution — wdiich have been cour- teously lent for inspection — how skilful the managers w^ere to utilise the peculiar talents they found in their President. When the foundation-stone of the Edinburgh Dispensary was laid in 1780, it was Henry Erskine that they got to lay it. Amongst the valuables deposited, according to custom, in the foundation of the building, there is a medal the reverse of which bears the following appropriate lines, probably selected by Mr Erskine — the minute-book shows corrections in his liand — as suitable to the occasion : — " In Faith and Hope the worhl will disagree, But all mankind's concern is Charity. CHARITY. 271 All must bo false that thwarts this one great end, And all of God that bless mankind, or rncvitZ."^ Wlictliur it was tlic vestry of the Episcopal Cliapel in tlie Cowgate tliat liad to be asked for a charity sermon, or tlie manager of the theatre for a " benefit play," it was invariably Mr Erskine's persuasive grace that was called into requisition. Many a '' ffivc 'pounds to the ffunds of the institution," as they quaintly record it, his smooth tongue seems to have enticed into the treasury. So successful was Mr Erskine, apparently, in tlie matter of these " benefit plays," that it seems to have become a standing order at the general meetings to intrust to Mr Erskine the duty of preparing the annual notice to tlie public, and " to recommend to the Hon^^®- Mr Erskine, and the other members of the Committee for the play, to take an early opportunity of conversing with Mr Jackson on that subject." Mr Jackson's was the best known name in the theatrical w^orld at this time, and he is said, after many losses, to have made a fortune. To such good purpose did this committee work upon the charitable feelings of Mr Jackson in regard to " benefit plays/' that at a general meeting at the Dispensary in 1782 it was agreed unanimously to thank him, and to " mark him as a governor for life." Another entry in this minute-book is to the effect that " It was unanimously agreed that a portrait of ]\Ir Erskine, pre- sented to the Dispensary by Mr Walter Weir, limner, should be hung in the hall, and that the thanks of the contributors should be returned to Mr Weir for this donation " (7tli July 1782.) Little, it is believed, is know^n regarding Walter Weir, further than that he painted this picture, which has got for him the reputation of having l)een " an able artist." The mention of Mr Jackson recalls other theatrical malters ^ Pope's Essay on Man. 272 HENRY ERSKINE. in which Mr Erskine interested himself. When it is remem- bered how, on one occasion, a meeting of the General Assembly was adjourned in order to allow the members an opportunity of seeing the performance of Mrs Siddons at the Theatre Eoyal, there is less surprise felt that an active and zealous ruling elder such as Mr Erskine was, should have given some attention to theatrical matters. " The melancholy but notour facts " connected with the first representation of Douglas (some thirty years before), as well as the expostulations of divers pres- byteries, had been, by this time, got over. In the year 1788 Mrs Siddons repeated her visit to Edinburgh at the invitation of Mr Jackson. In order that she should be suitably supported, the manager likewise got Mr Eennell, a talented young actor, to come down from London. At that time the favourite play was the fine old piece, Venice Preserved, in which Mrs Siddons took the part of " Belvidera." The parts of " Jaffier " and " Pierre " in that play,-^ Mr Jackson says, were considered so nearly equal in importance, that he had seen Garrick and Barry take the parts alternately without the slightest jealousy. But there seems to have been in Edinburgh a curious tradition in such matters. ]\Ir Woods, the local actor, had invariably appeared as " Jaffier ; " so the public would not tolerate any unknown actor in the part, not even, as in this case, wdiere the stranger had agreed to an exchange to suit the comfort of the Edinburgh actor. This inconvenient practice, Mr Jackson states, had run to such excess, that, in a provincial theatre where he and his company were playing, Hamlet never could be given, not from lack of actors, but because there were in the company six Frinecs of Denmark, actors who, having once " touched " the part of " Hamlet," never could condescend to " Polonius," or 1 It was customary in the middle of the last century for young men to cor- respond with each other under the names of "Jaffier" and "Pierre." A letter is before me, written by an officer, apparently one of the Calderwood family, and signed " Jaffier," addressed to " Pierre," an officer in another regiment. TJfRArRICAL. 273 "Horatio," far less to " tlu^ (Jliost." This awkward cusLoin was intensified, it appears, in Edin])urL,di, l)y the fact tliat certain actors who went mucli into society ,i;ot tlieir friends to identify them with certain ])voniinent parts, in wliich they wonUl receive no other actor. Tluis, when it was announced that Mr Fennell wouhl take the part of " Jaffier," Mr Jackson was flatly told that the play would not be allowed to go on. Mr Fennell, a man of some spirit, attempted to persist, and used some strong language, which led to a fracas in the theatre. Xo explanation from Mr Jackson would l)e listened to. Then followed a curious document, addressed to the manager, in which the writer was plain with him, stating that his con- duct required a very ample apology, as did Mr Fennell's de- portment to tlie public, and that unless these demands were complied with, or Mr Fennell dismissed, " neither we nor our friends will hereafter frequent your theatre — except that, from our high regard for ]\Irs Siddons, we shall postpone executing our resolution till her engagement expires." This remarkable manifesto is signed " Henry Erskine — and 162 other advocates and writers." Mr Fennell would make no apology, so was withdrawn. Mr Jackson says it was ruin to him.^ It was not the power of her acting only that drew the hearts of all persons to Mrs Siddons. Tliere was no class which did not feel the witchery of her presence ! In all probal)ility it was the persuasion of tlieii' Dean that induced the Faculty of Advocates to present the " admirable Mrs Siddons " with a " massive silver tea-tray," as a token of tlieir appreciation of "her many virtues, as much as in gratitude for the pleasure she had afforded tliem " — a piece of extrava- gance into wliich they have probably never been again betrayed. It was an admiration equally heartfelt that caused the poor servant-girl, wlio on lier way to the market ]^assed tlie actress in conversation with a friend, to (ho]) lier l)asket and ex- 1 Ififitory nffhr. Scotlisli Hlagr (pp. l.'JP-Ul), l)y .lolni .T:ickson, Ks.i., 170:"5. 2 74 HENRY ERSKINE. claim — " Ell, sirs, wcel do 1 ken the sweet voice " {cice, she probably called it, in the dnlcet dialect of tlie capital) " tliat garr'd me greet sae sair yestreen 1 " Mr Jackson had still further reason to quote the saying of Garrick, that '■' the plagues of management in one year are suffi- cient to expiate a whole life of sin." In 1791 an agreement was entered into between Stephen Kemble and Jackson to lease the Edinburgh and Glasgow theatres for a year. They fell out. "V\lien theatrical people quarrel, they invariably quarrel in a theatrical manner. There was no exception in this case. In the progress of the misunder- standing, there was no lack of telling situations and smart dialos^ue. The matter was referred to the Dean of Faculty, as a fit person to arbitrate. After much study of the case, he issued a Decreet - arhitral, which seems to have given scant satisfaction to anybody concerned, least of all to Jackson. If it, indeed, be a proof of a good decision that the arbiter, or judge, should be able to satisfy the unsuccessful party that his case has been minutely considered and fairly dealt w^ith, Mr Erskine's judgment in this instance was not an absolute success. In his book the unhappy manager picks the Decreet to pieces, taking it head by head — the quarrel, and attendant discussion, occupying upwards of one hundred pages of the History of tlic Scottish Stage. Lord Buchan writes thus of his father : " He was very fond of the theatre. When Mrs Siddons came to Edinburgh slie was invited to Ammondell.^ I was then passionately fond of acting. Especially I took deliglit in the play of Douglas. The part of the hero was then suitable to my age. I ^vas so bold as to recite some of the part to Mrs Siddons. She was so good as to offer, that if I would act it with her she would ^ This was probably in the year rendered lueiuorabki by the appearance in Edin- burgh of Marmion, and the Queen of Tragedy ; wlien the fastidious Charles Kirkpatrick Shar[)e was irritated by her too keen enjoyment of ])oilpd beef and porter, and her copious use of snuff. — See Mem. and Etchwiji^. MRS s/nnoivs. 275 reinain a little louder in J^](liiil)Ui;L;h on that account. It was a high honour; l)ut I liad not courage tVjr such an undertaking, though I helicvc my father would not have objected to it. Mrs Siddons was a transcendant creature — eye and voice had expression and ])owor which I have never seen approached. I was charmed with her condescension in calling me ' young Henry,' for she was never anything but a Tragedy Queen ; yet in this there was no vestige of affectation. She must have been the same in her infancy. She would call to our ser- vant, * Some claret, boy,' just as she might have done on the stage." Amongst the Edinburgh actors wdiom Mr Erskine especially patronised, continues his son, were " the Jolnistones, at one time very popular with the Edinburgh public." It would have been hard indeed had they met with no countenance from Mr Erskine. Henry Johnstone the actor was born in 1774; his father w\as for many years keeper of an oyster-tavern in Shakespeare Square, behind the old Theatre Eoyal, where now the General Post Office stands. The original occupation of this worthy man had been that of a barber. His sliop in the Higli Street was, from its proximity to the Parliament House, the favourite resort of the long-robed gentlemen. One morning while operating as usual upon the chin of ^Ir Erskine, a messenger arrived in hot haste to announce to jMr Johnstone that his w4fe had presented him with a son. In compliment to his already distinguished customer, and in memory of this incident, the barber named his child, the future actor, Henry Erskine Johnstone. It is believed to have been on one of the nights wlu^n ]\Irs Siddons played in the Edinburgh Theatre, Henry Erskine being present, that a disturliance took place in the overcrowded pit. The uproar seemed to be kept up chieily by an indiviihial in that part of the house, who, in spite of every sort of argument, would not sit dow^L When the annovance threatened to be- 2 76 HENRY ERSKINE. come unbearable, IVfr Erskiiie came to tbe front of liis 1)0X, and very quietly said — " Pray excuse the gentleman : don't you see it is only a tailor resting himself ! " The effect was magical. Long before Mr Erskine thought that he himself should one day occupy the dignified office of Dean, he was prevailed upon to write, for a special occasion, a piece of verse strictly profes- sional ; it is entitled : A Song intended to have been sung hetiueen the Acts of a Play, acted hy particular desire of the Dean and Faculty of Advocates, in character of a Lawyer. The following verses may suffice as a sample : — " Tho' partial, I'll give you a representation Of the good and the ill we bestow on the nation. Our use is so certain, there is no denyin't, If any one doubts it, he ne'er was a client. Although with our virtues, some faults may conjoin, Tlie process is short that can make us repine ; For whoe'er be the judge that decides on our blame, If he gives it against us we're sure to reclaim.^ To other professions old age is a ruin, Unfits them for action, is a certain undoing ; We scorn to conceal it like old maids and beaux ; A lawyer's the better the older he grows. All mankind besides live in terror of death, And with fear and unwillingness yield their last breath But a lawyer is happy, by labour hard toil'd, "When his sinCs at an end and lie's fairly assoiVd.- On the whole we submit to your righteous decision, Having stated the law and the fact with precision ; And we crave tliat in ranking professions you'll find, li wot 2^an 2Kis>iU, Ave're not far ])c'hiii(l." ^ ^ I.e., to appeal. 2 ''Assoilzie," to acquit. ^ MS. volume, and Court of Session Garland. CLAUDE nOSWELL. 277 Fioiu George S{|iiare Mr Erskine reiiKned to rriiicu.s Street, when that locality came into fashion. About the year 178G he occupied the house then numbered 5o. Tt was still his custom, as with many other lawyers, to take his walk in the Meadows after the rising of the Courts. In these walks he was very frequently accompanied by Claude Boswell, who afterwards became a judge, w4th the designation of Lord Balmuto, in succession to Lord Braxfield. He was a large pow^erful man, and heavy. It w\as said that he owed his pro- motion to the bench, in some measure, to his gallant conduct in seizing a standard, which was being carried in front of a disorderly mob of would-be Republicans, whom he met on the North Brido'C. After a fierce stru^iile, in which he was rouLihh' handled, he succeeded in hurling their flag over the parapet of the bridge. Two men more unlikely to find communion of idea it would ]te hard to imagine than Mr Erskine and Lord Balmuto. But his lordship had an intense admiration for his companion's humour and conversation, though not always able at the mo- ment to appreciate their beauties. One of the best-known stories of Mr Erskine, without which no sketch of him would be complete, refers to an occasion wdien, after a long and silent walk by the side of his friend. Lord ]]almuto burst into a roar of laughter, exclauning : " I liae ye noo, Hairy ! I hae ye noo ! " The meaning of one of Mr Erskine's good things ut- tered in Court that morning had just dawned upon him ; and he did not easily get over his delight, but continued to cliuckle and murmur, at intervals, " I hae ye noo " — all the way liome. Undoubtedly it is a high satisfaction to a man of liunnau' to give pleasure to his hearer. The sympathy which ensues is the chief delight. Now it must be of importance that this mutual satisfaction should be as lasting as may l)e. Therefore, it is submitted, it is extremely doubtful if your (piic-k wil, wlio sees the full drift of a joke ere it be lialf uttered, and smiles. and lets it go, has anything like the deliglit of a man of 278 HENRY ERSKINE. Claude Boswell's slower nature, or is as satisfactory or sym- pathetic an auditor. Perhaps Henry Erskine had some such idea as this.^ "While living in George S(piare, amongst his neighbours had been the Duchess of Gordon and the Countess of Sutherland. On the removal of her Grace to the more fashionable New Town, Mr Erskine is said to have made one of his most gallant speeches to the Duchess. Her Grace had said to her friend that she regretted having to leave the house which had been her home so long, but that really the Old Town was intolerably dull. On whicli Mr Erskine is said to have replied: "Madam, that is as if the sun were to say, ' It seems vastly dull weather, — I think I shall not rise this morning.' " This is one of the incidents wdiich have been told as occur- ring in England : tlicrc it is narrated of Fox and the Duchess of Devonshire. It is left to the curious in such matters to establish the correct version of the tale. It was by no means certain at first that tlie scheme of a new town would succeed ; the evidence of this is stronger than is commonly known. The disaster to the Bridge, when part 1 The following little bit from the Anahcta seems to bear out what has been suggested. ]\Ir James Durham, brother of Sir Alexander Durham of Largo, was a notable minister of Glasgow. After having served as an officer of dragoons, he married the \ndow of the Reverend (and irreverent, as it was the custom at one time to think) Zachary Boyd ; and was also remarkable as being one of the compilers of The Sum of Saving Knowledge, usually to be found bound up with the Confession of Faith and Larger Catechism. " . . . It icas much made him []\Ir Durham] smile. In some gentleman's house, JNIr William Guthry and he wer together at dinner ; and Mr Guthry was exceeding merry, and made Mr Durham sjuile, yea, laugh out, with his j)leasant facetiouse conversation. It was the ordinary of the family to pray after dinner, and immediately after their mirth it's put upon air Guthry to pray ; and, as he was wont, he fell immediately to the greatest measure of seriousness and fervency, to the astonishment and moving of all present. When they rose from prayer, ]\Ir Durliam came to him and embraced him, and said : * O Will, you are a happy man ! If I had been sae daft as you have been, I could not have been scriouse, nor in any frame for forty-eight hours. '"—Vol. ii. p. 140. THE A'Ell' TOIVN. 279 of it fell just as tlie work was almost completed, told against the iindertakiii<4'. 80 anxious were the city authorities to get the new district colonised, that, as shown by the Town records, extraordinav}' inducements were held out to enterprising settlers. Feus at the northern end of tlie l)ridge were not only given olF for next to nothing, but, in practice, for con- siderably less than nothing, — that is to say, the first feuars not only had a mere nominal feu-duty to pay, but certain of the Town dues were entirely remitted in their case : if only they would build, the ground was to be had for the asking.^ The year 1786 is memorable as that in whicli Iiol)ert lUirns made his d6biU in Edinburgh, an event closely connected witli more than one member of the Erskine family. Lady Isabella, sister of Henry Erskine, and the youngest child of the tenth earl, had married, in January 1770, at Tunbridge Wells, Mr William Leslie Hamilton, barrister-at-law. With her husband " Lady Bell Hamilton " went to the West Indies, where he held the offices of Solicitor- and Attorney-General of tlie Leeward Islands, and ^leniber of the Council of Barbadoes. ]\Ir Hamilton is described as " an excellent man," very useful to the Government under whom he served, particularly dur- ing the war then in progress. He died in London in 178(>. Five years after — that is to say, on the 23(1 April 1785 — Lady Isabella Hamilton was married to the Honble. and Eeverend John Cunningham, brother of the Earl of Glencairn. He 1 The result is, that at the present moment — so I am informed— the feu-duties of a considerable extent of property at the east end of Princes Street are scarcely worth the trouble and cost of eollectinr,'. — Conf. liolhofihc Superiorities of the City of Edinbuvfjli. In one case property of the value of £30,000 pnys to the town as feu-duty only £11. In the case of another property, now valued at £4000, taxes to tlie extent of £600 a-year are remitted altogether. The magis- trates, who conceived the idea of accpiiring " Bearford Parks," and adding tliem to the city limits, thereafter throwing out sprats in tlu' manner drscribed, w.re wise in their generation; the splendid prize they were tlie means of landing is now the admiration of the Avorld. 28o HENR y ERSKINE. had previously served in the l-ith liegmieiit of Dragoons. There is little recorded of Lady Isabella Cunningham, except that she was distinguished by a full share of the family beauty. Her portrait, by Eomney, shows her to have been tall, slight, with a figure of much dignity, oval face, and the liio-h thin nose which was characteristic of each of her brothers. During her sojourn in the West Indies, Lady Isabella made acquaintance with the family of General Sir Charles Shipley of the Eoyal Engineers, with whom a lasting friendship was established. A daughter of Sir Charles Shipley, Elizabeth, was especially attached to Lady Glencairn, and ultimately married her nephew, the son of Henry Erskine, and — on the death of Earl David — the twelfth Earl of Buchan. The extreme cordiality, of the reception which awaited Eobert Burns on his arrival in Edinburgh from a small group of congenial souls is not difficult of explanation ; there was more in it than mere admiration for genius. ^Ir Erskine's sister had, as has been stated, been married in the preced- ing year to the Earl of Glencairn's brother. The father of these gentlemen. Earl William, had recruited the wellnigh ex- hausted revenues of his family by marrying, in 1744, a young lady of a family which had been adopted by Governor Macrae, an Indian Nabob of great wealth. Charles Dalrymple, Sherift- Clerk of Ayr, married Macrae's eldest daughter, and suc- ceeded to the estate of Orangefield on the death of the Xabob. Thus, when Dalrymple introduced the poet to his cousin, the Earl of Glencairn, it was by a single step that he found himself in the midst of a circle of those who were among the fittest to appreciate, and prepared to welcome him in the most hearty manner as a friend, — namely, the Earl's brother, and liis wife Lady Isabella ; her brothers, the Earl of Buchan and Henry Erskine ; and afterwards, through the kindness of the Dean of Eaculty, no doul)t, his particular friend, Jane, Duchess of Gordon, wlio, still in the prime of her beauty, was the acknow- JWRmWS in EDINJWRGJl. 281 lodged lejidcr of society ; and she, Ijciiig herself of Ayrshire growth, was disposed to receive with favour the [)loiighman- poet of her own country-side. Creech the bookseller, too, who had been tlie travelling tutor of Lord Glencairn, and wlio was to be Burns's publislier, was not the least important of those whose acquaintance he made by means of this family coterie at the earliest stage of his Edinburgh career. On the 7tli December 1786, lUirns wrote to liis friend Gavin Ilanulton, — " My Lord Glencairn and the Dean of Faculty, Mr Henry Erskine, have taken me under their wing, and in all probability I shall soon be the tenth worthy, and the eighth wise man of the world." Ao-ain, on the 18th December 1786, Burns writes : " I have been introduced to a good number of the noUessc, but my avowed patrons and patronesses are the Duchess of Gordon, the Countess of Glencairn [the Earl's mother]., with my Lord and Lady Betty, ^ the Dean of Faculty, and Sir John Whitefoord." It was in reference to the sensation made by the entree of the Ayrshire poet into the brilliant society of Edinburgh, that the aged Mrs Alison Cockburn wrote to a friend, " The town is all agog with the ploughman-poet, who receives adulation with native dignity, and is the very figure of his profession — strong, but coarse. He has seen the Duchess of Gordon and all the gay world." Through the kindness of the Duchess of Gordon, the poet was introduced to all the delights of the New Assembly liooms, where, it is not to be wondered at, he was not seen to tlie best advantage. l>etter far was his appearance at the classical su})- pers of Lord Monboddo, to which Mr Erskine got him bidden. At the worthy old judge's table, strewed with flowers, " after tlie manner of the ancients," and amongst thisks garlanded with roses, tliere can be no doubt the poet's after-supper srolia, pieces of lyric verse, would be higldy effective ;ind ap[)r(>priate, given, as they were, in the purest Doric of tlie west. ^ Lady Betty Cuniiingluun, an uniiiaiTicd sister of Lord (ilcnLaini. 282 HENRY ERSKINE. It was Mr Erskine who introduced Burns, on his coming to Edinburgh, to the Canongate Kilwinning Lodge of Masons. He had himself joined it about six years previously, and since that time had frequently occupied tlie chair at the meetings (jf this Lodge, which was especially resorted to by many of the leading Whigs at that time. Mr Erskine was the more ready to present his friend to the brethren, as he had, it is stated, " seen by his poems that he w^as a person who w^ould be quite at home in a Lodge." What may Ije the import of this, perhaps the fraternity will understand. But it is said Burns w^as not always, on his hrst appearance in the capital, perfectly successful in the social circle. Your practised conteur has an unerring instinct as to the class of story that his audience for the time being can appre- ciate ; and with an insight similar to that of the sapient physi- cian in the play, who suits his physic to liis patient's taste — or to the sound judgment of the host, who considers well ])efore offering the vintage that the Comet has smiled upon to the palate uncultured to a point of refined discrimination,— so, out of his stores of good things the experienced story-teller will produce only such morsels as he considers his liearers are able to bear. l*oor Burns knew little of all this, or more probably trusted overmuch to the capacity of an Edinburgh audience ; so that sometimes when he, all unconscious of the lack of sympathy that is everything in such a case, " tauld his (pieerest stories," and — as the climax was reached — expected that his company sliould have exploded into genial laughter, he was met, as with an icicle, with the vacant look, and query — Well I Is it not Goethe who says that a man's calibre (perhaps his cliaracter) may 1)C judged of by the kind of story that he finds amusing ? The kindness which Burns received from this coterie of '' notables" was fully acknowledged by the poet in his letters, and in many of his verses. His lines to the Earl of Glencairn J^UJ^NS JjV/) KRSKINE. 283 and tliu Liuacni for liis (It'tith, arii aiiioiii;- tliu l^'st known of his poems, if they are not quite amongst the most pleasing. His impressions of liis friend, Mr Erskine's, appearance at tlie Bar, are given in a short piece — E.dempore in the Court of Session ^ — where the Dean of Faculty's style is contrasted with tliat of tlie tlien Lord Advocate, IMr Hay Campl)en — " Collccteil, Harry stood a wee, Then open'd out his arm, man ; His Lordship sat wi' ruefu' e'e And eyed the gatlieiing stoiiu, )iiaii. Like Avind-driven hail it did asail, Or torrents owre a lin', man ; The Bench sae wise lift up their eyes, Halt-wauken'd wi' the din, man." It was, naturally, to Mr Erskine that Burns referred tlie question of the policy of publishing in his Edinburgh edition the Fragment of a Ballad on the American War, as it is called, commencing " When Guildford good our Pilot stood," which was j)robably written about tlie date of the events alluded to in it — namely, the fall of Lord North's Government, the India Bill, and suchlike topics. Being one of the earliest of such pieces, it is somewhat crude, and was said at the time to " smell a good deal of the smithy." His letter t(,> ]\Ir Erskine - is as follows, and we may infer that he and the Earl of Glencairn approAcd of the piece being included in the Edin- burgh volume : — " Tiro o'clock. " SlIJ, — I showed the enchjsed political Itallad to my Lord Glencairn, to have his opinion wliether I should publisli it, as I suspect my political tenets, such as they are, may be ratlier heretical in the opinion of some of my best friends. I have ' The original is in the British Museum (Add. MSS., Selci-t Depart.) - Tlie original of this letter is preserved in the I'nnis Moiiununt at Ayr. 284 HENRY ERSKINE. a few first principles in religion and politics which, I believe I would not easily part with ; but for all the etiquette of, by whom, in what manner, &c., I would not have a dissocial word about it with any of God's creatures — particularly an honoured patron or a respected friend. His lordship seems to think the piece may appear in print, but desired me to send you a copy for your suffrage. — I am, with the sincerest gratitude for the notice with which you have been pleas'd to lionour the rustic bard, sir, your most devoted humble ser*-, "EoB^- Burns." The following letter is without address, l)ut Chambers had no doubt of its being written to Henry Erskine : — '• Ellislaxd, 22(Z Jan^ii- 1789. " Sm, — There are two things which, I believe, the blow that terminates my existence alone can destroy, — my attacliment and propensity to poesy, and my sense of what I owe to your goodness. There are nothing in the different situations of a great and a little man that vexes me more than the ease with which the one practises some virtues that to the other are extremely difficult, or perhaps wholly impracticable. A man of consecpience and fashion shall richly repay a deed of kind- ness with a nod, and a smile, and a hearty shake of the hand ; while a poor fellow labours under a sense of gratitude which, like copper coin, which, though it loads tlie bearer, is yet of small account in the currency and commerce of the world. As I have the honour, sir, to stand in the poor fellow's predicament with respect to you, will you accept of a device I have thouglit of to acknowledi^e these oblii>ations I can never cancel ? Mankind in general agree in testifying tlieir devotion, tlieir gratitude, their friendslii]), and their love, by i)resenting what- ever they hold dearest. Everybody who is in tlie least acquainted witli the cliaracter of a poet, knows tliat there is JANE, DUCHESS OF GORIWN. 285 notliing ill tlic world on which lie sets su mncli vahic as his N'erses, " I desire froiii time to time, as slie may bestow her favo\n-s, to present yon with tlie proihictions of my liuml)le mnse. Tlie enclosed are the principal of her works on the banks of the Nith. ... I liave no great faith in the boastfnl ])reten- tions to intnitive propriety and unlabonred elegance. The rough material of fine writing is certainly the gift of genius, but I as firmly believe that the workmanship is the united effort of pain, attention, and repeated trial. The piece addressed to Mr Graham is my first in that didactic epistolary way ; which circumstance, I hope, will bespeak your indulgence. To your friend Captain Erskine's ^ strictures I lay claim as a relation ; not, indeed, that I have the honour to l)e akin to the peerage, but because he is a son of Parnassus. " R. B." k. word or two more must be said about her who was one of the oldest of Mr Erskine's friends — namely, Jane, Duchess of Gordon. Their acquaintance prol;)a])ly began at the time when Henry Erskine's home was the old house at the head of Gray's Close, and Jane Maxwell's in the equally aristocratic neighbourhood of Hyndford's Close, near at hand. The story of the early exploits of the beautiful Jane Maxwell and her equally lovely sisters has often been narrated : how, on the occasion when a gentleman, a relative of their own,^ first made ^ The Ilonble. Andrew Erskine, brother of the Plarl of Kellie. 2 There appears to be some misapprehension as to the identit}' of the witness of this incident. Chambers (Tmc?.?. of Edinhuryh, i. 239) says that '^m old gentleman who was their relation told us," &c. ; but no name is given. In Rcms. of Old Edinburgh, i. 223, however, it is stated that "Mr Sharpe .said he saw " the occurrence. Now, Charles Kirkpatriek Sharpe was born 15th May 1781 {Memoir and Etchings, p. 1), tliat is, fourteen years after the marriage of the Duchess of Gordon ; so that, unless we are to believe that a Duchess, the leader of fashion and the mother of a gallant young Marquis, thus comported herself in the High Street, we must suppose that tlie author of the Reminiscences wos mis- taken in thinking that Uv Sharpe was the old gentleman in ((uestion. 286 HENRY ERSKINE. their acquaintance, the girls had l)een despatched by their mother, Lady ]\Iaxwell of Monreith, to the " fountain well " in front of John Knox's house to fetch a " kettle " of water, and Miss Jane was seen mounted on the l)ack of a sow, of which she had made capture, while her sister. Miss Betty, afterwards Lady Wallace, lustily thumped it with a stick. " The two romps," it is recorded, " used to watch the animals as they were let loose from the yard of Peter Eamsay, the stabler, in St Mary's Wynd, and get on their backs the moment they issued from the Close." In the year 1767 the lovely Jane Maxwell was married to Alexander, fourth Duke of Gordon, then in his twenty-fourth year. For many years the Duchess of Gordon, remarkable alike for her l3eauty, wit, and good -nature, had an undisputed reign as the Queen of Society in London and in Edinl3urgh. Perhaps it was on account of her prowess when quaintly mounted as has been described, that she was, the year after her marriage, requested to j^i'^sent to the successful com- petitor at the Carouselle held at the Eoyal Manege of Edin- burgh, j\Ir Allan Maconochie of Meadowbank (afterwards Lord Meadowbank, a Lord of Session), the gold medal adjudicated to him in the equestrian exercises ^ which were there engaged in, in presence of many ladies, noblemen, and gentlemen. At the period when the Duchess of Gordon appears in this narrative, after twenty years of wedded life, when she was now the mother of seven children, she was still the acknowledged leader in society, with grace and gaiety unimpaired. The ^ Mr ^Maconochie was notably successful in a sport which might be revived in our day — namely, an exercise to simulate the recover}'- of friends' heads un- happily lost in battle. This is said to have been a feat practised by the Germans in view of the barbarity of their enemies the Turks, whose officers were wont to offer rewards for Christian heads brought in after an action. " They, nimbly stooping from the bounding liorsc. Friends' heads regain, cut from the mangl'd corse." — Verses on the "Carouselle," Scots Magazine, April 1708. MRS MURRAY OF CR /iVG LEIVK. 287 coiLsorious were not slow to cavil at this sprightliiiess. '11 ir hrilliaiicy of an Edinburgh season witli " dancing, cards, and company " under the guidance of the fascinating iJucliess of Gordon, was said to be " far from showing Vice in lier own miage." How dull Edinburgh could sometimes be when her Grace was not tliere, is shown hj a passage in a letter from ]\Irs Murray of Cringletie to her sister at Coltness. Thus she w^rites : — ■ " Queen S^-, Fch'J- 1, 1701. ". . . Had you been here you w^ould have been an absolute prisoner from the weather, for we have had not only rain but such heavy winds as made going out even in a chair very dangerous ; and one day it was so violent as to overset a hackney-coach on the street. It has certainly been a most extraordinary winter. What the great God of heaven intends by it, time must unravel. / hope a better summer than we had last, though I cannot say that our conduct should entitle us to many blessings : however, I hear our people are a great deal graver this winter than formerly — the public places being but thinly attended. Neither do T hear of many private balls. As to Katie, she has 1)een at nothing but one little dance at ]\Irs Hepl)urn Buchan's, to which she did not go till near ten, as she said she would get enough of it in two or three hours. . . . Yesterday I met our friend Lady Helen,^ who never looks near me now. She told me she had heard twice from you lately, and had sent you two pretty poems ; how^ever, as she told me yesterday that she visited nol)ody but the sick, 1 shall very w^illingly dispense w^itli her company." It need hardly be said that ^Irs IMurray's speculations re^ardino" the intentions of tlic Deity are not consciouslv ^ ProliaMy Lady ITcleii Dali yiii]tl(>, intMiti4. 288 HENRY ERSKINE. irreverent. They show simply the habit of thought of the class of reliiiionists to which she belons^ed. But the description of the gaieties of the time hardly show Jane, Duchess of Gordon, in a true light. She was fond of her own country, and ever anxious to do a good turn wdien it was in her power to do so. One or two letters of hers at a little later date to her old friend Mr Erskine afibrd evidence of this. Some years after her marriage to a man wliom Henry Home, the worthy old Lord Kames — who had been her pre- ceptor — considered " the greatest subject in Britain, not from the extent of his rent-roll, but from a much more valuable property, the numljer of people whom Providence had put under his government and protection," Lord Kames had ad- dressed a letter to her Grace impressing upon her the great responsibility of her position. The good and thrifty old judge lived to see the day when he could thank God that " his best hopes had been realised " in regard to the manner in which his " dear pupil " had given effect to his views, " training the voung creatures about her to habits of industry, the knittino- of stockings among tlie young folk of both sexes, and other useful occupations." ^ It was affirmed by those who knew^ her, that, whether it was a young damsel who had to be brought out at an assembly, or a friend to V)e helped out of a difficulty, or a regiment to l)e raised, the Duchess of Gordon was ever ready to use her liest exertions, and to employ in the cause the wonderful powers of fascination which she exercised over all who came i^ contact with her. The mention of the name of Lord Kames, the friend and adviser of the Duchess of Gordon, recalls one of the many " law stories " of which Mr Erskine is the hero. It was soon after his admission to the Bar, and while on circuit with the learned and careful Lord Kames, that Henry Erskine made one of the ([uaint retorts that have been pre- 1 Life of Lord Kamea, hy Mr Fraser Tytler of Woodhouselee, ii. 68. ''PORT'' STORIES. 289 served. Tlie uld .judge's parsimonious liid)its, it ap]>cars, liad led liiin to attempt small economies in the matter of the wine consumed at the Bar dinners, although it was then provided at the puhlic expense. On one occasion the judge, in order to save something, had directed that only port should he placed upon the tahle after dinner. The lawyers had no notion of being treated in this way, when they were entitled, as they considered, to the usual allowance of wines, — especially to the (darct, which was then, as in Brougham's time, the beverage appropriate to the higher ranks of the profession at such times — a tradition which the young Henry Brougham had the assurance to nesflect on one memorable occasion. In the o present instance sundry hints, increasing in breadth as the evening wore on, had been given that claret would be accept- able ; and Lord Karnes, at a loss how to give one more turn to the conversation, addressed Mr Erskine, expecting to get some support from the pleasant-spoken young man. " What," said his lordship, " can have become of the Dutch, who, only the other day, were drubbed off the Doggerbank l)y Admiral Parker ? " But the young advocate, with the sweetest smile, replied, " I suppose, my lord, they are, like ourselves, confined to Port'' There is something curious in the frequency with which, as shown l;)y such stories as these, guests called in question the entertainment provided for them by their hosts, often insisting upon having better fare than that set before them. Henry Erskine figures in another of these scenes, (^n this occasion it was Creech, the bookseller, Burns's Edinburgli ]tul)- lisher, who was the host : he was shrewdly suspected to be holding in reserve some choice old ^ladcira, very different from the poor Cape wine upon the tal)le. ]\Ir Creech was impervious to all his guests' hints and suggestions ; at last Henry Erskine remarked, with somewhat liazy geography, " Well, if we cannot get the length of }fr/(Ir{)r/, wo c\m at any rate clouUe the Cape.'' T 290 HENR V ERSKINE. Yet another of these " port stories " there is, which was thought worthy of being remembered by the " Dean " — that good old man — in his Reminiscences of Scottish Life, — for, to use ]\irs Calderwood's favourite phrase, " you must carry this alongst with you," — tliat in Scotland there is still only one " Dean " known, and we still talk of him with reverent re- gard, as people were wont to talk of "the Duke." At a dinner-party at the house of Lord Armadale, a judge of the Court of Session, tu'ice port was brought to the table instead of claret. Henry Erskine, who was present, thus addressed the host, in parody of the old song, " My Jo, Janet " — " Kind sir, it's for your courtesie, When I come here to dine, sir. For the love you bear to me, Give me the claret wine, sir." To which Mrs Honeyman,-^ the hostess, retorted readily — " Drink the 'port, the claret's dear, Erskine, Erskine ; Ye'll get fou on't, never fear, My Jo, Erskine." In January 1 v 9 1 , James, fourteenth Earl of Glencairn, died in his forty-second year. He was succeeded by his brother John, Lady Isabella's husband, who did not, however, long survive. A sliort letter of Lady Glencairn' s to Aunt Betty, a ^ William Honeyman, Lord Armadale, married, in 1777, Mary, eldest daugliter of Lord Braxfield. Although she ultimately became "Lady" Honeyman, her husband having been made a baronet in 1804, it is probable that she is correctly styled by the simpler designation at the date of this story. Everybody— in Scotland at least— is aware that, though, in the North, judges are distinguished by the title of "Lord," the wives do not share in their husband's honours. The fact, however,— for which Sir Walter Scott is the authority,— is not so generally known, that the ladies were not always contented with "this species of Salique law," and "that their pretensions to title are said to have been long since repelled by James V., the founder of the College of Justice, who with some strengtli of language remarked that he had ' made the carles lords, Itut never the carlines ladies.' "—See Notes to Rcdcjauntlct. ISABELLA, COUNTESS OF GLENCAIRN. 29! part of which is ^ivoii liore, seems to have l)eeii written at a time when slie and her husband were in seareli of liealtli. Tliere is very little more of lier ladvsln*[)'s correspondence to be found among the family papers. Ij(uhj Glcncairn to Mrs Elizaheth Stenart of Coltncss. " liiufiHTox, Sussex, Jani-v- 10th, 1795. "... I was taken suddenly ill last Wednesday senight, and was very severely so for more tlian a week, since which I have mended slowly every day, and last night I w\as so much recovered as to go, wrapped up, to the Duchess of Cumlierland, and find no bad effects to-day ; and therefore I w4sli to prevent any alarm to you and my kind friends at Coltness from the letter my brother may probably write to my dear little friend and niece,-^ as I had a letter from him this morning, written in the Court of Session, in which he expresses himself more alarmed than I wish. We have been tempted to prolong our stay here till now (and I think we shall ten days longer), as it is a charming retirement, tliere being only two families in the place, besides the Duchess of C, who is a very clever, sensible woman, and continues to make her station adorn her. She comes to us, or Sir John Coghill's, as I should to my neighbour. She gives nice little hot suppers at tlie Pavilion, of two or three things, and port and sherry, and warm punch, and wdll not l)e received otherwise ; and keeps up her dignity in a way that pleases and secures aftection, and commands respect. Indeed, during my illness she has beliaved to me with the affectionate attention of a friend, so justly claims the tri1)ute of my acknowledgement. " The weather is most severe, and — what is almost out of belief — the town filled with mad dogs : four have been killed this forenoon, and several people have been l)it round this place. All is, liesides, consternation from jiulilic affairs, — open ' Elizabeth, ^fr Erskino's oldest dau'diter. 292 HENRY ERSKINE. boats arriving with the tiying Dutch, some brought as near (lead, the poor starving, and the cries of hunger and peace universal. In a word, the two or three last days have been dismal. What will be the event, God knows. I fear the birthday yesterday was very gloomy. However affairs turn, they are all in the hand of God, to whose blessing and provi- dence I always recommend you, my dearest aunt, and all my dear and near relations, which includes very particularly the .household of Coltness, to all of whom remember us most affec- tionately; and kiss Betsy from Lord Glencairn and me. Adieu, my dearest esteemed aunt, and believe me, always with great affection and respect, your dutiful niece, ''I. Glencairn." There is more than enough in the family correspondence to show that Lady Isabella's husband was a man of a very differ- ent stamp from tliat of his brother, the Earl of Glencairn who preceded liim, of whom Eobert Burns has written in such glowing terms. John, the fifteenth earl, appears to have possessed little of his brother's force of character, nor anything approaching to the talents his wife was endowed with, in common with the rest of her family. Nor, so far as can be seen, did John Cunningham shine with any brilliance as a liglit dragoon, or in the pulpit. Throughout the letters of this time there appears to be an inference that Lady Bell would have fared better had her husband been a man with more strength of character. Mrs Durham of Largo (18th February 1788) writes thus regarding Lady Anne Erskine's opinion of her brother-in-law : " She [Lady Anne] is only provoked that they should be so little the better for all her exertions ; for it is like water thrown into the ocean. They are at Spa for the winter ; have taken a farm near Brussels, and have sent for a gardener from St Andrews, a maid from Cheshire, and a man from Norfolk. Mr Cunningliam writes her the most Ontree Letters, and [she LORD GLENCAIRN. 293 says] she luis little reason to be satisfied witli him," except, it is added, " for his affeetion for Lady ]jell." Thomas Erskine's opinions were even more strongly expressed.^ A little later, after the earldom had come to them, ]\Irs Durham writes to Aunt Betty : " Slie [Lady Buclian] tells nic that Lord and Lady Glencairn are at Bristole ; and Ijy letters from Bath, my lord was to preach in the Al^hey Church last Sunday, and places were taken to hear him like a speech in Westminster Hall. He has sent down a sermon that has pleased his mother very [much]." To the same effect is the news from Queen Street, Edin- burgh, in March 1791, written by Mrs Murray of Cringletie, to her sister Elizabeth Steuart of Coltness. " My Lord [Buclian] showed me a most pompous letter from Lord Glencairn, where the illustrious descent and long connection of the two noble families was not forgot. One paragraph says that he is now by circumstances, as well as by party, independant, and that he is determined to remain so. What he means by this I do not understand, as there is a set who call themselves indepen- dant peers, which, tho' well affected to the present Ministry, don't, I believe, stand high in the good graces of that Ministry. With this set I hope Lord G. will not join himself ; for as he is to continue in the Church, he should take the line that is most likely to conduce to his advancement in it. He was to preach at the Cathedral at Bristol on Sunday was s'night, as he wrote to Lord Buchan he had been taken up in composing his sermon : in this matter I fancy his ivifc would 1 )e a very good hand to help him." '-^ Lord Glencairn died at " Coates House, near Edinlnirgli," in 179G, and was Iniried in the cemetery of the West Church, where there is a tombstone and inscription to his memory. At his death the title became dormant; afterwards it was claimed, amongst others, by Sir Walter Cunniiigliame of Corse- hill as heir-male; Lady Henrietta Hon, wife of Sir Alexander 1 PiAtun MS. - 11 'ill. 2 94 HENRY ERSKINE. Don, and sister of tlie last Earl ; and by Sir Adam Fergusson of Kilkerran, as heir of line. It is said that Mr Alexander Cunninghame, the friend of Burns and of the Earl of Buchan, had a claim. After inquiry, the Committee of the House of Lords found that none of the aspirants had made good their right. They found, however, that Sir Adam Fergusson had established his claim to be heir-general of Alexander, tenth Earl, who died in 1670; but this they considered was not sufficient to show his rii>ht to the title.^ Lady Glencairn resided several years at Coates House, and was, towards the end of her life, much abroad. Both as the widow of i\Ir Hamilton, and afterwards on the death of the Earl of Glencairn, she seems to have been but scantily provided for. In the latter case, this apparently arose from the bulk of the Glencairn property being entailed (the last Earl lea\ang no children), and passing into other hands. Furthermore, Lady Glencairn seems to have lacked the talent for making: the most of what she had. This was the cause 1 The following ex[)laius how the matter stood, and elucidates some points in the earlier part of this narrative : — Alexander, 10th Earl of Glencairn = Xicholas Stewart, of Kirkhill and Strathbroek, eldest sister and co-heiress of Sir William Stewart. Lady Margaret Cunningham = John, 5th Earl of Lauderdale, only child. | I 7 James, Lord ]\[aitland = Lady Jean Sutherland, I eldest d. of 15th Earl of Sutherland. I Jean (only child) = Sir James Fergusson, I of Kilkerran, Lord of Session. Sir Adam Fergusson. There is in the possession of Jlrs Frederick ^lilbank, giand-daughter of Laily Henrietta Don, a miniature likeness of the last Earl of Glencairn. He is repre- sented in the uniform of the 14th Dragoons. The face conveys the idea of gentleness rather than of strength of character. Very different is it from the hard lugged countenance of the old Earl of the seventeenth century, as shown in the Iconographia Scolica. The miniature is curiously let into the side of a gold eye-glass of the most solid and ponderous descrii)tion. MR KETTLE. 295 of some care to her l)rotliers, esi)eeially to ^Ir Kr.skiiie, wlio evidently did liis l)est to guide his sister's alJUirs aright. The agent for Lady Glencairn in Edinburgh was a certain Mr Kettle. It is in connection with his name tliat one of the most authentic of the stories of Mr Erskine is told. On one occasion Henry Erskine was in the Parliament House, the centre of a group of lawyers and others, the subject of con- versation being the decadence of certain of the old Scottish families, aproims of some case involving considerations of that nature then before the courts. At this juncture Mr Kettle came up, when Mr Erskine, turning to him, said — " We have just been talking of the lamentable downcome of many of the oldest families in this country; l)ut 1 liave always thought. Kettle, that yours is the saddest case of all." " Mine, Mr Dean ? " exclaimed Kettle in amazement ; " how nnne ? " We all know," re] died Mr Erskine, " that your great ancestor Fan was looked upon as a God in the time of the Eomans, and now here are you, Keltic, only an Edinhirgh writer ; " and the Dean shook his head in regretful sympathy with the fallen fortunes of the Kettles. Of the literary circle of which Mr Erskine was a central fio'ure, not the least remarkable individual was Mrs Maria Eiddell. Her husband, IMr Walter Pdddell of Woodley Park, was the brotlier of Glenriddell, the intimate friend of Burns, and one of the competitors for the " Whistle," as already men- tioned. Maria's father, William Woodley, had ])een Oovernor and Commander-in-Chief of St Kitts, and of tlie Leeward Islands. Wliile in the West Indies Miss Woodley was mar- ried to Mr Piddell, who possessed an estate in those parts. On returning to tliis country about 1791, they settled at Goldilea near Dtimfries, changing the old name of tlie estate — whicli, by tlie way, lias been since restored — to Woodley Park, in compliment to her father's family. Whether or n..l there 296 HENRY ERSKINE. had been any previous acquaintance between Mrs Walter lliddell's family and Lady Glencairn while she was in the West Indies does not appear. When Burns with his family came to reside in Dumfries, he was introduced to the beautiful and fascinating Mrs Eiddell, who was at this time barely " out of her teens," and a mother. Having a strong inclination towards literature, she took delight in the society of persons of similar tastes. The intimacy between Burns and Mrs Maria Eiddell is spoken of in every life of the poet. But in the last exhaustive edition of his w^orks is given an explanation of the cause of their quarrel, or rather of her quarrel with him, wdiom she was careful to describe as her intimate friend. The affair was sufficiently ludicrous. It appears that on a certain occa- sion, after a dinner-party at Woodley Park, the gentlemen of the party, who had apparently "brisked their blood with a moderate glass " — or two, — proceeded to carry out a piece of " daffing," or practical joking, upon the ladies, which took the form of a reproduction of the Eaid upon the Sabines. In the attack which ensued. Burns, it seems, made a captive of his hostess, and saluted her w4th rather more of w^armth than she approved. She can hardly be blamed for taking offence ; but in the subsequent relations between the penitent poet and her- self, she does not appear to have been perfectly ingenuous, but rather managed so to nurse her wrath, or permit it to cool, as seemed best calculated to enable lier to retain her power over her acknowledged admirer. Her most effective step towards the humiliation of the evil-doer was the endeavour to turn his friend Glenriddell against hhu. The lines in whicli ] kirns mentions, or alludes to, Mrs Maria Eiddell, are as various as the phases of their friendship. He has quoted some very graceful lines as descriptive of her elegance in dancing ; again, he composed certain verses which can hardly be said to be " in lier honour," seeing they are of that daring and reckless style in whicli he sometimes permitted himself to indulge, creditable neitlier to himself nor the ol^ject of them. Amongst the THE 'METRICAL MISCELLANY: 297 epigrams he stored up for use, as oecasiun iui,^lit (U'liiaiid, is one alluding pointedly to " Maria's tongue/' For all this, Maria Ividdell was capable of writing verses possessing not a little of grace and sweetness. At the begin- ning of tlie century she collected several of tliese pieces, and having obtained permission from a number of writers of \^erse to publish certain of their fugitive pieces, many of which had not as yet appeared in print, she formed a goodly volume, wliich she published in 1802,^ under the title of the Metrical Miscellany. " No poem," she says, " hitherto confined to MS., lias been inserted in the Miscellany without the concurrence of the respective writers." The place of honour in the book — the first seventeen pages — is occupied by three of Mr Erskine's classical poems, and the Emigrant. Further on appear his Lines v;ritten on the Tomh of tivo Lovers buried hy the Fall of a LLill in the neighhourhood of . This piece is in the form of a dialogue between " a Stranger " and " a Shep- herd." A note attached to the poem, apparently by the hand of the fair editor, describes the circumstance that called it forth. " A narrow vale that bordered a hum near , was suddenly filled up by the fragments of a hillock which gave way, under whose acclivity was a bank, the favourite ren- dezvous of two young villagers who were betrothed. From the day that this romantic spot was destroyed in the ruins the lovers were lieard of no more." As the Sheplierd narrates — " Ne'er was tlieir douljtful fate forgot, Dark melancholy hovered here : And superstition shiinn'd the spot." The note continues : " Twenty years had elapsed wlien a ' In the most recent edition of Buins's Works Mrs RiddcU is mentioned as "the chief contributor" to the Metrical Miscellany. She was more than that. The work was put out by her. 1804 is given as the date of publication ; but it was a second edition .\s\\\d\ appeared in tliat year, showing that the work must have had a considerable success. 15(.tli editions are still to be met with in old collections. 298 HENRY ERSKINE. friend of ^Ir Erskine's, who purchased the ground, employed labourers to dig and clear the rubbish that disfigured the banks of the stream ; and buried in the ruins were found two skeletons, yet entire, locked in each other's arms. The pro- prietor erected a rustic monument to the memory of the unfor- tunate pair, and shaded it with a grove of cypress, which, with the elegant stanzas of Mr Erskine's, has rescued them from oblivion." The scene of this tragedy has not been identified. It is wortliy of remark, that when ]\Ir Erskine was in the poetic mood, and not called upon for some trifle, or epigram, his thoughts seemed usually to have turned in the direction of a theme of a sombre or even melancholy nature. The ex- tracts from his poems, which have been laid before the reader, will, it is thought, bear out this idea : though the selections liave not been made with any such view. The point has a certain significance, and should not be overlooked when the character of the gay, witty, and brilliant Harry Erskine is considered : such w^ere the qualities that most persons saw in him ; but of a surety there w^as more that did not catch the common eye. Mrs Eiddell tcjok care that her own effusions should appear in good company. In this volume, which speedily attained to a second edition, as has been just said, there are, besides Mr Erskine's pieces, which form the largest contribution to the book, two poems by E. B. Sheridan, another by C. J. Eox, others by Georgina Duchess of Devonshire, Lord Palmerston, and several other well-known names. The Miscellany is far from being a lively or " amusing " volume ; on the contrary, tlie fair editor's aim seems to have been to get her claim to be a superior mind acknowledged, on the score of cs'iirit and profound sentiment. Consequently none of Sheridan's or Mr Erskine's ligliter pieces could be admitted here, but his Elcxjy to the Memory of a Becintifnl Yoawj Ldfly is in the proper vein. When poor Eurns died Maria Eiddell was among the lirsl MARIA RIDDELL AND BURNS. 299 to pronounce a uulogiuni. Tliis she did in an elidtorate analysis of his character, which has been reproduced in several of the memoirs of the poet. In it she adventures the opinion that, actually, poetry was not his forte, but somehow fails to make it quite clear what was. Some of her remarks upon the poet's characteristics read curiously, in view of the peculiar nature of their friendship. For instance, Maria Eiddell writes that " he was candid and manly in the avow^al of liis errors, and Ids acouxd was a reparation} 1 {Biinis's Works, crown eJ., i>\\ cxxviii-ix.) Charles Kirlq-atrick Sliarpe luul sonic quaint things to say of Mrs Maria Ri(hlell, which he recorded on the fly-leaf of his coi)y of the Metrical Miscellany, and which it is not necessary to reproduce. 0§§m 300 HENRY ERSKINE. CHAPTER XL TRIAL OF DEACOX BRODIE CONTEST FOR THE CLERKSHIP OF ASSEM- BLY PRINCE OF WALES AT WENTWORTH A SUIT THE STADT- HOLDER's visit ELECTION PROJECTS AMMONDELL BURGH REFORM LOYAL " RESOLUTIONS " HENRY ERSKINE AND MR ARCHIBALD FLETCHER REVOLUTION AND REFORM. There is hardly any incident in the history of Edinburgh, in the last century, more suggestive in its character than the trial of Deacon Brodie, a member of the Town Council, for housebreaking. It is probably this view of the case which has made the career and sensational end of the man one of the best remembered tales in Town history. The whole of the circumstances of his case, wdiich have been preserved to the smallest details, furnish curious matter for the study of a peculiarity of life in the capital at the period in question. The fact that such a man should have found his way into the Town Council of Edinburgh is striking as evidence of the low ebb which the city had reached in re- spect of its municipal affairs. Still more effectively does the toleration of this malefactor's walk and conversation by the decent burgesses of the city, in whose society he was considered to shine with an envied brilliance, show the standard of pro- priety in use in that class of life. For there is good reason for thinking that the Deacon's mode of life was tolcral)ly well known, or at all events jaloused, long before the (Jc'nonoifcnf came. BEACON B ROD IE. 301 Tlierc is witlial somethiiig interesting, if nut attractive, in llie (lashing rascality played oft* upon tlie honest townsfolk and friends of this man, — something which invests him with a little of the romance of Jack Sheppard and other heroes of the Newgate Calendar. The Deacon himself was an amusing man, and the best of company, and could suit himself to all societies as cleverly as he could fit a skeleton -key to the wards of a strong-box lock. So that whether he dropped, under cover of night, into the drinking-dens of his disrepu- table companions when some adventure was on hand, with tlic rollicking song from the Beggars' Opera — " Let us take the road. Hark ! I hear the sound of coaches. The hour of attack approaches " — upon his well-modulated lips — for the Deacon sang a good song ; or entertained his customers or friends over a bowl of punch with the gossip of high life picked up at the cock-pit (all they had in room of the society papers in those days), quoting what Hamilton of Wishaw ^ had said, or the new oath rapp't by Lord , Deacon Brodie was always ready, always pleasant and conversible. It is unnecessary to trace minutely the course of Brodie's life till the period when circumstances made Mr Erskine' acquainted with him. Briefly, the chief points in his career were these. He inherited from his father, Convener Brodie, the business of a cabinetmaker, which the old Town Coun- cillor had carried on for many years in the Lawnmarket. Tlie elder Brodie died in 1780, and in the following year his son was chosen a Deacon, councillor of the city, prol)ably in remembrance of his father's services. He managed to make himself especially prominent as a councillor on the occasion of the election of Sir Laurence Dundas as member of Parliament for the city of Edinburgh, in oi)position to l\Tr 1 Kay's rortmil^, i. 9(3. 302 - HENRY ERSKINE. Miller, afterwards Lord Gleiilee, when the struggle was so keen that every vote was of the utmost value. Brodie, by keeping back his promise from either party till the last instant, wlien it appeared that the fate of the election rested upon his voice, gained for himself the position, for the moment, of the most important man in the city. He had, however, associated himself with several of the very lowest of the population, with, apparently, the object of using, by their means to the greatest advantage, the know- ledge his position in society gave him. This scheme, when it afterwards became known, gave a clue to much that was involved in mystery at the time. Sundry curious stories connected with the light-fingered Deacon have become traditional. How, for example, an in- valid lady, unable to go to church one Sunday, was surprised Ijy the entry into her room of a man with a crape over his face, who quietly took her keys from their accustomed place, opened a bureau, and took out a considerable sum of money, and, having replaced the keys on the lady's table, retired " with a low bow." The lady, speechless till her visitor had withdrawn, in amazement exclaimed, " Surely that was Deacon Brodie ! " Subsequent events showed that she was probably ridrt in her surmise. A friend of the councillor at supper mentioned to him casually that he was going to the country for a few days on a certain date. Something occurred to detain him in town. In the dead of the night he was disturbed by a creaking in the floor. A light glanced across the wall of his bedroom. Throuo"h a window which looked into another room he observed his friend the Deacon, in a mask, calmly at work by the help of a dark lantern, making a selection from amongst liis valuables. It has been noted as characteristic of the Town's manners, that this little episode should have been quietly tided over, apparently, with little or no unpleasant remark. It is worthy of mention tliat Mrs Henry Erskine's faculty of FLIGHT OJ' THE DEACON. 303 judging character was in no whit at fault in the case of iirijdie. Jler son has noticed the fact that while the Deacon was frequently employed in matters connected with his trade of cabinetmaker in Mrs Erskine's house, she never could tolerat(i his presence with any composure. The details of the crime for which he was Ijrought to trial — namely, the robbery of the Excise Office, are of the most commonplace and uninteresting description. He and his low companions had succeeded in securing a booty of .only some £16, when they were disturbed. In order to assist a plea of alihi, Brodie at once changed his clothes and showed himself at the house of a friend of his in Libberton's Wynd. But shortly after, finding that there was a probability of one of his accomplices turning King's evidence, he took flight. Brodie seems to have had a fair chance of escaping, Ijut for the fatuous rashness proverbial in such cases. He remained in London some time, when he took his passage, in the name of John Dixon, on board of a smack bound for Leith. After the vessel had gone a little way down the Thames, Brodie came on board about twelve o'clock at night, disguised as an old gentleman seemingly in bad health. On getting out to sea, as it no doubt had been previously arranged, the Endeavour steered for Flushing instead of Leith ; Brodie was put ashore, and immediately after took a Dutch skiff for Ostend. But, unfortunately for him, there had been a Mr Geddes, a tobacconist of Mid-Calder, and his wife, fellow-passengers in the Leith smack, with whom Brodie freely entered into con- versation. On parting, he had given Geddes certain letters to deliver in Edinburgh. These, as might been have foreseen, were the means of his discovery. On landing at Leith, Geddes became acquainted with the circumstances of the robbery, and suspecting that "Mr John Dixon" was no other tlian Deacon Brodie, he opened the letters, and became strengthened in liis opinion; but not being able to make up his mind how to pro- ceed, Mr Geddes did not deliver the letters to tlie authorities 304 HENRY ERSKINE. till nearly two montlis later. Information of the circumstances were then despatched to Sir John Potter, British Consul at Ostend, in consequence of which Brodie was traced to Amster- dam, where lie was apprehended on the eve of his departure for America. He was brought back to Edinburojh, and on the journey from London told many amusing anecdotes of his sojourn in Holland. One of the letters to his brother-in-law showed that he had been as much concerned for the result of the cock-fighting he had left behind him, as for his own safety. One sentence runs: "Write me how the main went. How did you come on in it? — if my black cock fought and gained ? " &c.-^ The trial took place at the High Court of Justiciary, on the 29th August 1788, before Lords Hailes, Eskgrove, Stonefield, and Swinton. Brodie had early secured the Dean of Faculty as his counsel, remarking, with characteristic flippancy, that " however the matter might go, he had "pitted the, hcst cock tlicd ever fouf/ht.'' Along with Mr Erskine were Mr Alexander Wight and Mr Charles Hay (afterwards Lord Newton.) The list of counsel for the prosecution is formidable — Hay Camp- bell, Lord Advocate (afterw^ards Lord President) ; Eobert Dundas, Solicitor - General (afterwards Lord Chief Baron) ; William Tait, and James Wolfe Murray (afterwards Lord Cringletie), Depute-Advocates. Brodie and his accomplice Smith were alone indicted, the others of the gang having become " King's evidence." The facts were all borne out by evidence, wdiicli included the statements of several of the gang. The only attempt at a defence that was possible was tried ; it was sought to establish an alibi on behalf of Brodie by means of Jean Watt,^ in whose house he was about the time the crime had lieen com- ^ Kay's Portraits. 2 This witness was examined by the Lord Advocate as to an alleged mar- riage between her and the prisoner, performed in the Tolbooth, for the sake of her children. Tlio fact of a mnrriage would have rendered her evidence invalid. THE TRIAL. 305 iiiittcd — and licr maid ; Init facts arc intlcxiblc, even in tlio liands of tlic most skilful advocate. In the case of an asserted aliU there is obviously limited scope for the powers of a c^reat pleader. The liigliest result tliat can l)e achieved is so to marshal details of fact in form of a narrative, tliat the jury may be convinced of its truth. The plea advanced might have been more successful in raising a doubt Ijut for the letters written by lirodie from liis place of fancied safety. The Dean of Faculty, seeing the utter hopelessness of sucli a case, had no resource but to do the best he could for his client l^y eloquently railing at the faults of the age ; in fact, in old Scotch phrase, " wyting the iniquitie of the time," in the very faint liope of afiPecting something in the way of mitigation of punishment. One passage of Mr Erskine's speech is (pioted in the report of tlie trial, where it is recorded that "the Dean of Faculty, who, with indefatigable attention, and a most brilliant display of ability, had gone through the whole busi- ness of the trial, at three in the morning rose and addressed himself to the gentlemen of the jury upon the part of Mr Brodie. He observed, that the situation of his unfortunate client presented to the world a most astonishing moral pheno- menon ! That a man descended from an ancient and respect- able family, who, from the state of his affairs, made up by liimself, was in opulent circumstances, and infinitely removed from indigence and temptation ; who for a long series of years had maintained an irreproachal)le character in society, and had often filled offices of honour and trust among his fellow- citizens, the duties of wliich lie liad discharged witli attention and fidelity ; that svcli a person should even lie ^vqwchd of the crime charged in tlie indictment was a most extrnordinary fact. If it was true, he allowed that lie was of all men the most culpable. But who could give credit to such a charge as was here exhibited ? for as an eminent poet of our own country, who was still alive, had expressed himself — U 3o6 HENRY ERSKINE. •• ' The needy man who has known better days, One whom distress has spited all the world, Is he whom tempting liends wonld pitch upon To do snch deeds, as make the prosperous men Lift up their hands, and wonder wlio couhi do them. 1 " It being therefore liigbly incredible that Mr Brodie would have all at once departed from his integrity, and dashed into snch guilty and atrocious crimes as now were charged against him, it would require a very strong and unsuspicious proof indeed to fix guilt upon him ; and if parts of Mr Brodie's conduct which appeared to infer suspicions against him could be ascribed to any other cause, the gentlemen of the jury would lay these appearances altogether out of their view in judging of the import of the evidence. " To a certain extent," the Dean said, " he was obliged to ad- mit the shame, although not the gnilt, of liis unfortunate client. From an early period of his life he had had a most unhappy propensity to gaming, which, it appeared, he had indulged to a very great height. To this vice he had reason to ascribe the distressing situation in which he then stood. It had sub- jected liim to the lowest and most unprincipled connections, — persons wlio had attempted to sacrifice him to their own safety. In the course of indulging this propensity, tlie pris- oner Brodie met with a professed gambling club almost every niglit at tlie house which was the common receptacle of all descriptions of mankind ; and there the dice, like death, levelled all distinctions ! This destructive seminary of vice ouglit, for the good of society, to be razed to the foundation. The unfortunate prisoner, Mr Brodie, was by no means singular in his attachment to tliat vice, nor was it at all confined to the lower situations of life. l*eople of the highest rank scrupled not, in the course of tlieir gambling, to mix with highwaymen and pickpockets, and to descend to practices of cliicane and cunning which, in any other situation, they tliemselves would ' Old Noival's speech in DougJaa. DEFENCE, AND SENTENCE. 307 abhor. It was only tlie otlier dny lluit a gentleinau at lU'iglit- hehnstone, reputed worth £)3000 j^cr annum, was detected in the very act of using- h)aded dice, and oljligcd to ily tlie coun- try for it, wliich was exactly Mr Brodie's situation. " ' The very head and front of hi.s oircuding Hath this extent — no more.' "1 The trial commenced at nine on the morning of Wednesday, and the jury was enclosed till six o'clock in the morning of the following day, when they, " all in one voice," found both panels guilty. They w^ere sentenced to be executed at the west end of the Luckenbooths on the 1st October 1788. Throughout the proceedings at his trial, and till the very end, Brodie's coolness, or levity, never forsook him. This wonderful firmness has been explained by a story which be- came current, to the effect that he had been visited in prison by a French quack doctor, who undertook to restore him to life after he had hung on the gibbet the usual time. Brodie was doubtless encouraged in the idea by the precedents of Ambrose Guinett, and of " half-hangit Maggie Dickson," who, after the execution of the law upon her, had suddenly re- vived, and sat up in the cart in which she w^as being re- moved to Fisherrow, to the no small embarrassment of the driver. The arrangements for Brodie's preservation were, it is believed, mismanaged ; and the working of the improved gallows, perfected by his own ingenious contrivances, was only too true, and defied all attempts at resuscitation. ^ Creech, who printed and published an account of this trial, and who was himself on the jury, states in a footnote that he applied to the Dean of Faculty for " an account" of his speech, so able and eloquent, and which "displayed an acuteness and ingenuity which it would be difficult to do justice to. But by a polite letter from the Dean, he was informed that the speech was extempore, and that there had not been a syllable in writing ; and that as he was so much immersed in business, and was to leave town the next day, it was not in his power to attempt setting down anything from mnnnry." — Accovnf of Ihc Trial, p. 90. 3o8 HEXRY EKSKIXE. Amongst the city archives, I am informed, are to be found several specimens of the neat handwriting of Deacon Brodie. The following anecdote, too, has been preserved as illustrative of a curious magisterial custom, then of long standing in the city; as well as of the cool impudence of the notorious Town Coun- cillor. Wlien Brodie was confined in the Tolbooth, under sentence of death, he was visited by some of his former com- panions at the Council table. At parting with one of these on the eve of his execution, he addressed him Avith the jaunty adieu, " Fare ye w^eel, Bailie ! ye needna be surprised if ye see me amang ye yet, to tak my share o' the Bead chad' ! " This somewhat ghastly entertainment was a collation provided, at the expense of the city, for the Town Council and Magistrates on the occasion of their attending at executions, and was looked forward to as a pleasant termination — not to be missed — to an interesting' incident in official life. o A curious circumstance connected with this case, not in- cluded amongst the details given in Kay's Portraits, is tradi- tional in Edinburgh. It would appear that towards the end of the seventeenth century tliere was current at St Andrews a legend of certain valuables having been concealed for safe keeping in the burial-place of Bishop Kennedy, during the troubles attending the Beformation. About 1681, it is be- lieved, search was made in the site indicated, witli the result that five splendid and ponderous silver maces were disinterred from the old bishop's tomb. Three of these interesting relics formed acceptable gifts to the Universities of Glasgow, Aberdeen, and Edinburgh ; tlie remaining two being retained for use at the Colleges of St Salvator and St Mary's.^ For many years the College mace at Edinl)urgh was held in much veneration. Ab(uit tlie period under notice, it was found that this " bauble " had been taken away from the College, no one could conceive liow. Afterwards, wlien sundry other mysterious incidents wore ' L5'oii's History of St Andreus. THE COLLEGE MACE 309 l)L'iiig' cleared up Ijy the process of putting' that and tlmt together, the alTair of tlie College mace was thought to lie at the Deacon's door. Whether or not in this case every link in the chain of circumstantial evidence was complete is n(jt known ; hut the Town Council were so ''black affronted" at the un- desirable attention drawn upon them by an unworthy mem- ber of their body, that they — so the story goes — quietly caused make another mace, after one of the existing models, and gave it to the University without any unnecessary ceremonial.^ Amongst the many curious documents which have come to light since the collection of MSS. of the late Mr David Laing has been deposited in the Edinburgh University library are two letters of Deacon Brodie, written while in the Toll)0(jtli prison. One of these, addressed to a lady in Edinburgh — but to whom is not known, as the back of the letter and address are gone — is a curiosity, and characteristic of the prisoner. It runs : — " Madaim, — Lett me beseech your ladyship to pardon my boldness in making the present address. Tlie wretched can only fly to the humane and the powerful for relief. " As my trial is printed, it would ill suit me to make any reflections on the unfortunate issue. And this nmch I am convinced of, that the current of popular prejudice is so strong against me, that it will be welF worth me if I can rescue my life on any terms ; and tho' my friends are making application above, I have little hopes of the success, unless some respect- able characters, who have had an opportunity of knowing something of those I have come of, and of my former life, interest themselves in my behalf. Witli all the fortitude of ^ "Friday, Octo. 2, 1789, "VVilliam Circcli, Es(|re., in iiainr nt' tlu' Lonl I'lovost, Magistrates and Council, presented to the Scnatus Acadaaicus of tho University of Edinl)iirgli an elegant new silver mace." Nova hcic clava argcntca, as it is cnllcd in the inscription, liears the arms nf tlie founder ol' llic Cnllcgc. .lanus \'I. — See Scots M('i/(i:.iiu'. 3IO HENRY ERSKINE. a man, I must confess to yon, madam, that I feel the natural horror at death, and particularly a violent ignominious death, and would willingly avoid it, even on the condition of spending my future years at Bottony Bay. " In that infant collony I might be usefull, from my know- ledge of several mechanical branches, besides my own par- ticular profession ; and if your ladyship and your most respectable friend, the Bdght Hon^'^^- Henry Dundass, would deign to patronise my suit, I would have little reason to doubt the success. Capt. John Hamilton, too, I think, would be ready to assist in any measure sanctified by your ladyship. Lett me again intreat you to pardon my boldness. My time Hys apace, and the hand of death presses upon me. Think for one moment, but no longer, what it is to be wretched, doomed to death, helpless and in chains, an' you will excuse an eftbrt for life from the most infatuated and miserable of men, who can confer no compliment in subscribing himself, madam, your ladj^ship's devoted humble serv*- Will. Bkodie. "Ediiir- Tolbooth, " 111 the Iron Eooni and in Chains, " r.8. — I have requested Mr Alex, Paterson, my agent, to deliver this in person to your ladyship. — AV. B." This celebrated cause illustrates an important difference between the practice of Englisli and Scotch law, which liappily no longer exists. However defective the latter may have been in some respects at the period under notice, there was one particular in which the custom in Scotch criminal pro- cedure was far in advance of that obtaining in England in similar cases, and which commends itself to common-sense in the same measure as the Englisli rule strikes one as having been repugnant to every feeling of justice. What is alluded to is the custom in Enolish law which ENGLISH AND SCOTCIf PROCEDURE. 311 furbade that a prisoner charged witli felony sliould have tlie assistance of ccninsel in making liis defence — or, indeed, tliat in a case of felony counsel should speak at all upon the general issue of guilty or not guilty; though they were some- times assigned by the Court to the prisoner, " to plead some point of laiD which they first desired to have considered," — of which instances are to Ije found in the State trials. The superior clemency of the Scotch law, as compared with the English, in regard of this matter, is expressly pointed out by legal authorities/ In England the effect of this cruel and manifestly unjust regulation was, as might l3e expected, that an ordinary jury would be most likely to entertain too strong an impression of the hardship under which a prisoner laboured, and to show a favour that the facts proved did not warrant. This difference between the Scotch and English procedure is exemplified by the coincidence, that within a short time of each other, two cases of felony occurred in Scotland and in England respectively, in which the two brothers, Henry and Thomas Erskine — as was acknowledged, the most dis- tinguished counsel at their respective Bars — were employed. The Scotch case has been described, and the part which Henry Erskine took in it in hchalf of the prisoner; but ^ " . . . Our practice, in this more Ijciiign than that of England, does not leave it with tlic pannel to take charge of dilficult and interesting matters alone and unassisted, but gives him in every instance the benelit of counsel to guide him in his choice, and enable him to conduct his defence with skill and discretion. To that eifect provision was made long ago by the statute 1587, ('. J'l. . . . Thus the pannel has the benefit of the arguments of counsel in support of all his objec- tions to the libel and executions, and is enabled to take advantage of every error or inaccuracy which niny happen in the proceedings in tlie trial."— Hume's Com- mentaries Oil the Law of Scotland resiwctimj Crimes, ii. 283. When counsel was allowed in treason cases, "a benefit wliich the connnon law of England does not allow" (i. 545), a great advance was considered to have been made in the direc- tion of the Scotch custom. The geneial rule in English law was altereil by a series of statutes of dilferent dates, from 7 William III. to (3 .t 7 William IV.. by the last of which counsel are now allowed in all eases. 3 1 2 HEXR Y ERSKINE. ill the English case, the trial uf which t(j(jk phace at the Sussex Assizes, Tiiomas Erskiiie was employed against tlie prisoner;^ and the painful spectacle was witnessed of a de- fenceless man exposed to the attack (which it was his bounden duty to make) of a trained antagonist, and sucli an antagonist as many a man might well tremhle to encounter, llo^veyer conscious of his innocence. The result of this trial was the acquittal of the prisoner, a result by nu means unlikely under the circumstances.^ In tlie year 1789 took place a contest which is still remembered in tlie annals of the Church of Scotland. The causes of the strife were of themselves tritiini>- enou^-h. It could hardly be of much moment, it may l»e thought, be*- yond the circle of those immediately concerned, which of tw^o ministers, both very excellent men, should hold the com})ara- tively unimportant office of Clerk to the General Assembly. But there was much which rendered the election at this time of peculiar interest. The post itself is one which has ever been an object of ambition, seeing that in a Church where every individual clergyman is, nominally, on an equality with his brother minister, there is little opportunity for distinction other than such as may be achieved by individual ability. Tlie Clerkships to the Church Courts are, it is believed, the only permanent offices to which ministers can be elected by the votes of their fellows. Thus the office of Clerk to the ^ See Lives of the CJumcclIors, viii. 283. - Some years before this, had occurred the case of the King v. Lord Baltimore, charged with a felonious offence. Though the evidence at this trial was so con- fiietiiig tliat sundry pamphlets were afterwards published on the case, all the help that could be allowed by law to the prisoner was accorded by the judge — namely, that Lord Baltimore's solicitor should be allowed to read the prisoner s defence, though the Recorder of the district, and three other counsel who had been engaged, were present ; and this in a case — if there ever was one — where the evidence adduced should have been subjected to the most rigorous criticism in tlie cause of the accused. In this case also the result was ac(iuittal. THE CLERKSIJIJ\ ' 313 (leiicral Assembly, tliuu<^li only wurUi, ;iL Uiis lime, s]>. ir)0-204. 3i8 HENRY ERSKINE. friend Harry Erskine. Some people say it is to come on again, but I don't believe tliat will answer." ^ Dr Carlyle's antobiograpliical notes are brought down to no later period than tlie year 1770; had they been continued to the date of the famous affair of the Clerkship, we, no doubt, should have had from his pen some pithy and forcible remarks upon what w^as one of the most important incidents of his life. It was deemed prudent that the Prince of Wales should about this time make a sort of i^vogrcss among the Whigs of the N'orthern Counties of England ; and Henry Erskine was summoned to meet his Eoyal Highness at Wentworth. The heir to the house of Fitz-William, who had been anxiously expected for fourteen years, was then only tw^o or three months old, and esteemed a personage of at least as much consequence as the royal guest. The precious infant w^as shown off in all the pride of embroidery and rich lace — but for all its finery, looked cold and puny. Mr Erskine, a judge in such matters, expressed to Lady Fitz-William a hope that the child " had plenty of good warm flannel about him ? " "I fear none at all," w\as the reply of the inexperienced mother. Then he nnist beg Lady Fitz-William to send for some at once, and a pair of scissors, and he would show her wdiat was considered necessary in Scotland. He was obeyed ; and, on the spot, the practical Counsellor cut out a comfortable flannel garment for the future Earl. Tliis was believed to be the smallest, but not necessarily the most contemptible suit — considering the palpable benefit to all the parties — in wliicli Mr Erskine had any concern ; and as such the incident may be not unworthy of record in a sketch of the great lawyer's career. • Polton MS. AT VVENTWORTII. 31^^ Tlie rriiice was accompaiiiod on this visit to Wentwortli l)y liis brother tlie Duke of ^'ork, and the J)iikes of Bedford, Aiicaster, and Queensberry, Lords Carlisle, Derby, Eawdon, and others of the Prince's cliosen companions. Politically " tilings had gone well in Yorkshire," — so Mr ]]nrke wrote to Fox. But when the Prince invited Mr Erskine to go on with him to York to see his horse " Traveller," of which he was proud, — the same that afterwards won for him a stake of 400 guineas at Newmarket, as recorded by Huish,^ — he saw reasons for declin- ing the honour intended for him. The fact is, as stated by Thackeray, that " the legends about ' old Q.' were awful." He gave a certain tone to every company where he was. ]\Ir Erskine justly considered that he was better at home. It probably was in his capacity of Lord Advocate to the Prince of Wales that ]\Ir Erskine was required to meet the Prince on this occasion. His services were asked upon another emergency, — namely, to help to entertain the Stadtholder on his visit to this country, a duty which taxed to the utmost the gaiety of Sheridan and the wit of Erskine. Their united efforts scarcely were sufficient to keep him awake. He slept throughout the performance of a play, and gave audible evi- dence that he slumbered during the greater part of the pro- gress of a State ball. Lord Buchan writes : " Whenever my father was in London, the Prince appropriated him, and desired he should be in\'ited wherever he went. In the year of the Stadtholder's visit, the Prince, having taken him one night to Drury Lane, saw Henry Erskine in a box near at hand, and sent for him. He was presented to the Stadtholder, His Poyal Highness remarking in an aside, — ' The sleepiest Prince in Europe.' " For all that — as Lord Buchan has related — the heavy' visitor was sometimes more widely awake than was convenient for those who undertook to amuse him. For example, "amongst other entertainments provided, he was taken to see Cambridge, where ^ See Life of George TV., by Porrv Fitzc^crald, i. 25G. 320 HENRY ERSKINE. the Vice- Chancellor receive(l liim witli all furniality, and con- ducted hmi to service at one of the college chapels. Tlie Stadtholder conversing, when tliey came out, with the Vice- Chancellor and some of the ' lieads ' regarding the sermon, asked where the text was taken from, as he had not heard distinctly. No one appeared to know. At last Dr ?> , making a guess, said — " ' 0, — I think it was from the — 2d Epistle of St Jude.' " ' There is Init one Epistle of St Jude,' said tlie Stadtholder. " ' yes ; I — of course — meant the 2d chapter! " ' There is but one clmiiter', said the Stadtholder." At a later date (30th Nov. 1790), Sir Thomas Dundas officially informs the '' Lord Advocate to the Prince of Wales " that '' His Eoyal Highness has reason to suppose that there is an intention to dispute H.E.H.'s right of voting as a peer of Scotland, when the question relative to the last election for tlie sixteen peers for Scotland comes before the House of Lords. His Eoyal Highness therefore desires that you, in con- junction with Mr AVight, will make the necessary researches into the merits of the case, and be prepared to defend H.E.H.'s right at the bar of the House of Lords." Whatever the steps may have been which Mr Erskine took consequent on these instructions, they seem to have been suc- cessful ; for the Prince voted, by proxy, as Duke of Eothe- say at the election of Scotcli peers after tliis date : and the name is still called at all such elections. It was about tliis time that Mr Erskine's views turned towards a seat in Parliament. More than once he had enter- tained tlie hope of representing the Eifeshire District of Burghs with which he was connected. The following extract from a letter to him refers to one of these occasions, and the fact that, as yet, he had not made the personal acquaintance of the Duke of lV)rtland, his constant correspondent — ELECTION VTEWS-AMMONDELL. 321 The Dulr of Portlrnul to Mr ErMne. "London, Tuesday Even. 30 March 1790. " The prospect you give us of your success in Fifeshire is highly gratifying to the wishes of all your friends, and espe- cially so to myself, who look to it with the interested view of its furnishing me witli the means wliich I have lonc,^ wished for, of knowing you personally. It is perfectly true that no new or additional motive was wanting to call forth tlie ques- tion of my best endeavours in promoting any object you have at heart ; lint I am ingenuous enough not to attempt to deny the force of that wliich I have just stated, and to be proud of the avowal." It was to one of these incidents of Fifeshire candidature tliat the story refers which has been related of the excellent old Dr Erskine of the Greyfriars' Church. He was now in his seventieth year, and very frail ; but when he heard that his kinsman, Harry Erskine, would be the better of his vote or assistance in Fife, he said he could not face the sea voyage and the discomforts of the crossing from Leith, but that he would just vxdk roimd hy t^tirling Brig. IsIy Erskine, following the fasliion of all successful Scotch advocates not born to the possession of estates, about tliis period purchased land and ultimately founded the estate of Ammondell in the Kirkhill district — a mile or two from the old liouse of Upliall, where lie and liis brothers passed their childhood. The property consists of a long stri]i of land lying along the beautiful valley of the Almond. It appears that in the first instance Mr Erskine purchased tho lands called the West Croft of Kinpunt, in the parish of Xirk- newton. About the same time, as shown by tlio ^\vQ(\. bo " excambed," or exchanged, these lands with his brother the X 32 2 HENRY ERSKINE. Earl of Buclian for parts of the farm and mill of Olapperton- liall ^ (lying in the adjoining parish of Uphall), which formed a portion of the entailed lands and barony of Strathbrock and Kirkhill, belonging of old to the Stewart family. ]\Ir Erskine had, it seems, been in possession of this property, which he called " Ammondell," some little time before the date of the " contract of excambion " with his brother. There can be little doubt that the object of this friendly exchange was that he and his family might possess some por- tion of the ancestral lands without detriment to Lord Buchan's estate. When the property was acquired Ijy !Mr Erskine it was bare and not over attractive ; but the site was one peculiarly in accordance with the ideas of the idyllic poet. A more retired and peaceful spot could not be imagined : here he built his house, which he designed should be a development of the cottage he had so often dreamt and sung of, placed on the banks of a babbling stream, which in winter was a raging torrent ; in the midst of fleecy flocks and lowing herds. Tliis was in truth the carrying out of a poetic fancy. The situation of his house had little to recommend it, in its original state, except on the score of perfect retirement, so dear to an overworked man : of \dew there is absolutely none. Lord Buchan, whose whole life was set upon a hill, ex- pressed liis amazement that his brother sliould liave selected such a spot for his house. " Wliy," said his lordship, " there is actually no prospect whatever ; " to wliicli ]\Ir Erskine replied — " You forget, my dear David, that I have always the prospect of your estate." The house was originally a handsome villa of one storey, designed in the Italian style, and was added to from time to ^ ClappertonlKill is a litUc Avay up tho river from Annnoiulell, in the direc- tion of the site of tlie very ancient building at Puniplierston, which had belonged to this family, and which Dr Somers, writing in 1838, says, had "long been in ruins, and lately entirely removed." — See his Account of the Parish of Mid- caldcr. nURGH REFORM. 3^3 time, but never in lieight, till it .S],read to its present wi,l,. dimensions. For many years of liis life, buil.lin.. and tl„. planting of his estate were Jlr Erskine's chief amnsements. Simnltaneously with the great convulsion in Trance, and apparently arising from similar causes-namely, protest against arbitrary government, consequent upon the superior enlighten- ment of the age— a revolution of greater importance to^those immediately concerned, began to develop itself in Scotland. This consisted in a strenuous effort by the burgesses throughout Scotland to obtain a reform in the system of internal ^wern- ment of the Eoyal Burghs. The subject is of comparatively little interest of itself; but as the scheme of reform advanced It had an important bearing on the opinions of Jlr Erskine' His dealings in this matter show in a strong light the policy he was led, by circumstance, to adopt at a critical juncture of the public affairs of this country. It was sought to effect this reform by means of a Bill in Parliament, prepared by a committee of delegates appointed by the burgesses of the burghs under the sanction of the Convention— that is, "the Convention of Royal Burghs "an institution dating from the time of King James III., and which has ever been a highly respectable and useful body The en deavours made by the several burghs, through their delegates to reform themselves, were highly creditable. Nor were the' exertions made to tliis end uncalled for, as may be gathered from one or two facts connected with the localities with which Mr Erskine had to do. The facts, it may be premised, are unquestionable, seeing that they were supplied by the bui- .gesses themselves, by means of returns furnished in accord- ance with a resolution in Parliament to that effect. ■A compilation of the substance of these returns is extant, and affords a curious record of the manner in which municipal matters were managed in the old time. It is unfortunate that the reports have not been printed entire. Such parts 324 HENR I ' ERSKINE. as have been made public gu far to support tlie vie^YS wliich have already been stated regarding the knack of graphic de- scription, which was so common in Scotland at one time. It is perhaps only in accordance with human nature that when such a tempting subject as the iniquities of local magnates presented itself, the highest talent available was engaged for the occasion. In many instances full justice is done to the subject in a very effective and quaint phraseology. In every burgh, with scarcely any exception, it seems to have been tlie custom for the Towm Councils to elect them- selves — that is, the authority was in the hands of a few persons who, retiring by rotation, were voted back by their brethren in office, with unbroken regularity. The evils of such a system are but too obvious. At Dumfries, for example, which was represented by Mr Erskine in Parliament, accord- ing to tlie '' set," or constitution of the burgh, dating from the fifteenth century, the Council should be elected from " the hest and worthiest indwellers of the town." At the date of the return it was stated there were in the Council " men of little knowledge or substantiality ; " in short, " alimentary pensioners and downright bankrupts." In the hands of such men acting under unscrupulous provosts, it was alleged that town lands, at one time extendino; to some 3000 acres, had dwindled down to about 150 acres, of the annual value of little more than £200. The burgesses go on to trace very precisely the lands once belonging to the town, now in the possession of the lieirs and disponees of former chief magistrates — the inference being that " when these gentlemen were in office, the common good suffered these demembrations." ^ ' Substance of tlie Reports of Grievances transmitted by the Committees of Burgesses of Different Burghs, d-c, pp. 55, 56. In the Report from Glasgow, it is .stated, "that in 1691, on a supplication of the then Provost of Glasgow to the Convention of Royal Burghs, a wliole barony of lands called Proran, and others, were allowed to be sold for payment of debts contracted by the misap)x>lication and dilapidation of the town's patrimony by former magistrates, v)ho employed the common stock for their own sinistrous ends and uses." ''J>EAUTIFUL ORDEIV' AND '' AULD ElC/Iir -^^2^^ At Crail such " demembrations " were even more barefaced. It would be difficult to give a better illustration of what IS understood by tlie American term, "a ring," than that furiiislied by this system of self - election. In the case of the introduction which became necessary, from time to time, of new men into a town council, it is apparent that some caution was needed to insure the right sort of man being- elected, and one wdio would zealously stand by the estab- lished system under wliich a minority in the Council agreed in all cases to coincide with the majority in the Council-room, the sense of the rulers having been taken privately ])efore- hand. This was technically known as the " Beautiful Order ; " and some little ceremony befitting tlie solemnity of tlie en- gagement was observed on the occasion of a new man being- brought in, and, indeed, on every occasion of election. Thus a Perth bailie, already in office, is described as calling in " from the channel" to his shop tlie selected individual, where he told him, after taJcing off their hats, that he behoved to promise to stand by the majority of " the guild side " in all matters of election. This form, and the giving of the right hand, were, it is stated, looked upon as hinding as an oath. In one burgh in the north the Government had thus fallen into the hands of what was styled the Auld Eight, one of which venerable body, it is reported, had been in the Council for " upwards of half a century, and might be said, like the system of Burgh government itself, to have stood the test of agesr But, as was said by one report, " the office of Coun- cillor may, without any stretch of language, be called an office for life, and the power of tlie Council itself perpetual, incapable of being attacked or destroyed by any force except that wliich nothing human can resist, — a division against itself."^ " Self - election," writes another reporter, "is tlie j.rimary cause of jill our coini)liiints, and from it all our grievances spring as rivulets from a fountain, seeing that ' Il.i.l. p. 17 3 2 6 HENR V ERSKIiYE. the majority transmit the power of election from generation to (jencration!' Then the billeting of soldiers has always been found a fruitful cause of complaint by those on whom the duty w^as laid. This matter seems to have been managed with much par- tiality in some instances, so that those whom it was considered desirable to protect from the evil were sometimes described as " being in a state of beggary," and others " so little removed from it that it is great cruelty to both parties — the soldier and his miserable host — to give Ullets on them." ^ All complain- ants against this barefaced roguery, it is stated in one report, meet with redress " in proportion to the Town council's opinion of them." Again, over-taxation, and rates laid on without the payers being aware of the principle upon which the rate was levied, appear to have been common subjects of complaint, as well as the arbitrary imposition of stent^^ — an assessment for local purposes ; and a system of doubling the amount of cess called for by law, while only the correct amount was credited to the Government. Even in Edinburgh, statutory penalties, such as fines, were levied in a similar manner ; and it was asserted that 1 Ibid., p. 114. 2 This assessment was apportioned by an official styled the " Stent-master, " whose proceedings were often in a high degree arbitrary. It is narrated that a former minister of North Berwick, Dr G , on one occasion turned a few sheep into the churchyard to fatten on the rank vegetation often to be found in such places. James S , a "writer body," and Stent-niaster of the burgh, instantly assessed the Doctor for stent in respect of his occupation of the land, probably on the plea that he was a "lifcrenter." The minister, at a warm interview with the active office-bearer, indignantly refused payment, contend- ing that he was not the occupant of the ground. "But, Doctor, ye'll alloo that the sheep are yours ?" urged the lawyer. "I am glad to say," replied the minister, "lam, as yd, neither tenant nor occupant of the ground." " Weel, Doctor, I do not understand ye." "James," replied the Doctor, with much dignity, "I am here to give you information,— the Almighty only can give you under standivn.'" MUNICIPAL '' extortions:' 327 in ten years £3943, lis. -IJd. had Ijcen " extortioned " by sucli unlawful means, as was admitted by tlie magistrates them- seh^es.^ Curiously enough, it appeared that it was only in the power of Parliament to grant a remedy for all this mis- management ; for it had been determined by decision of the Court of Session, that " there was no judicature in Scotland competent to deal Avith it.^ It was to introduce a much -needed reform in municipal affairs, and to put an end to these abuses, and many others of a like nature, that the standing Committee already mentioned, of which Mr Erskine was a member, was appointed. ]\Ir Graham of Gartmore seems to have been permanent chairman. Between him and Mr Erskine there appears to have been per- fect unanimity of feeling on the subject in question. The subject was discussed in Parliament on more than one occasion; ]\Ir Sheridan, who was chairman of the London Committee "for the Ptegulation of the Internal Government of Poyal Burghs in Scotland," taking a considerable interest in the 1 Historical Register, November 1792, p. 188. 2 Ibid., November 1792, p. 186. This was a subject much too good to escape the pens of contemporary poets ; a Bailie is represented as declaiming in these terms : — ' ' Reform, forsooth ! How could they think that Ave could cast away Our glorious privilege on a King's birth-day, Our cheering hopes for all our near connections, Our social meetings at our own elections, Our nappy, toddy, and our favourite dishes. Our mutton-chops, potatoes, loaves, and fishes ? Ungrateful crew ! dissatisfied with men Whose talents brought them into human ken. Nay, gentlemen, 'tis something to our credit That we have gcar—tahatcvcr way we made it. And farther, gentlemen, it may be noted down, Scarce one of us is native of this town:' -Patriotism Exemplified : or thr Jhmjh Cvundllors. 328 HENRY ERSKIiYE. matter. But while the Committee was appointed for the express and only purpose of effecting a reform in the manage- ment of burghs, there appears to have been a tendency on the part of some members to wander from the subject proper to themselves, and to introduce the discussion of political matters with which the country was then disturbed. It is evident that Mr Erskine was much exercised by this tendency to diverge from the business of his Committee, and he, on more than one occasion, endeavoured to give a more loyal and healthy tone to their proceedings, by pressing for the insertion in their minutes of such entries as the following, moved, as he expressed it, " by a consideration of the temper of the times, and in order strongly to mark the unshaken loyalty and constitutional principles of the burgesses of Scotland : " — " That the burgesses feel the greatest satisfaction from re- flecting that the object at which they aim, of correcting the abuses in the administration of the Eoyal Burghs, by restoring their ancient internal government, has not the remotest tendency to alter or infringe, in any respect, the political constitution of their country, which they hold in the highest veneration, and are determined to support ; for although, from the operation of time, and the spirit of arbitrary reigns, some defects have arisen, and some deviations from original principles have been introduced, and particularly the present abuses in the internal o-overnment of the burghs, so adverse to their original plans and policy, yet these errors and abuses admit of an easy rem- edy, in the most perfect consistency with the established form of the constitution of this country — a constitution which, by the security it affords to private property, and the protection it extends to personal liberty, and to every essential right of the subject, is, in the humble opinion of the burgesses, that political constitution wliich, of all human establishments, is the best calculated to preserve the public tranquillity, and at the same time to promote the prosperity and happiness of the LOYAL '' NESOLUriONSr 329 people, — tliu ultimate end of all goveniiueiits." — Unanimously a greed to} A " resolution " still more strongly worded was submitted and carried by the Honble. Henry Erskine, Dean of the Faculty of Advocates, at a meeting of the London Committee, which was composed of many of the most influential members of Parliament, and others connected with Scotland; it also con- tained, besides the Honble. Thomas Erskine, M.P., several of the original members of the " Society of Eriends of the People," Eichard Brinsley Sheridan, M.P. ; Mr Lambton, M.P. ; Lord Maitland, Lord Daer, the Honble. Major Maitland, &c. ; ^ so that Henry Erskine was only using a little prudence and his usual common-sense in thus displaying the loyalty of the Convention in the strongest possible light, w^ell knowing the unpleasant notoriety which attached to all Associations of the nature of that to which his brother had recently sought to attach him, as will be mentioned shortly. Mr Erskine's feelings with regard to the more important matter of Parliamentary reform, it may be understood, were as acute as those of any reformer of them all; but it will be gathered from the bare sketch of his transactions in the matter of Burgh reform that he held firmly the idea that to agitate such a matter at that particular moment would have been in the last degree dangerous. In March 1792 the subject of Scotch Burgh Eeform was brought before Parliament by Mr Sheridan, whose views were supported by Mr Fox. The Lord Advocate, however, and Mr Secretary Dundas, opposed the motion for a Committee to examine the petitions of 50 out of the (SQ burghs of Scotland. The motion was lost by a majority of 42. This, it will be understood, was from no doubt of the justice of the cause, but ^ ^J^crtioir concerning the Orvjin mul Trogress of Burgh pp. 108, 109. - Ibid., p. 137. 330 HENR Y ERSKINE. from tlie feeling shared by Mr Erskine, that in the present ex- cited condition of the country, " Eeform," in its wider sense, to which this might lead, was a subject which could not be touched upon without grave peril. IMost of what has been said regarding the efforts for Burgh reform, in which Mr Erskine was so deeply interested, has been gathered from a memoir, already referred to, of the origin and progress of the proposed amendment in burgh matters, compiled by Mr Archibald Eletcher, advocate, who had throughout these transactions taken such a large share of the work, that it was afterwards thought that he, with Mr Graham of Gartmore, the permanent Chirman, had been the sole movers in the project. It was partly to correct this erroneous impression that Mr Fletcher compiled, and made public, the goodly volume containing the record of their proceedings. Henry Erskine's views regarding the absolute necessity of preserving the country from disquiet being so pronounced, as has been indicated, it is obvious that, before connecting himself with any association for whatever purpose brought together, he would satisfy himself of the impossibility of him- self, or it, being involved in any of the movements then on foot, of a tendency to disturb the peace of the nation. In fact, as will be noticed from the following letter, in which he expresses himself very plainly regarding what he con- sidered to be an unwarrantable departure from the principles of the Convention of Eoyal Burghs, of which he was a member, he leaves it to be inferred tliat a direct promise had been made that the Committee and their constituency, the burgesses, should on no account mix themselves in such questions irrele- vant to the matter they had taken in hand. The letter, though long, is given nearly entire, seeing that it explains what was the leading motive in Mr Erskine's con- duct in public affairs at this time. The proposal to which Mr Erskine takes exception, no doubt, was tliat the Committee for Burgh reform (or the Convention itself) should form a "QUIETA NON MOVERE." 331 connection witli tlie Association of Friends of the Teople, wliicli included most, if not all, of their London siqiporters. Mr Ersldnc to Mr Archibald Fletcher, " IjONNINGTOX, Six o'clock, Friday Morivj. " My dear Sir, — I do not recollect that I ever was more astonished than I was at receiving your letter. That any body of men should sit, as the Convention did yesterday, and hear a point discuss'd on which not only their own honour, but their existence as a body, depended, and after (imo tantum disscntiente, and even that one admitting his error) coming to a determination founded on the most sacred of all grounds, — consistency with their original institution, and fidelity to their declarations, and even compacts with the public, — should think, at a committee meeting, of overhauling the same business in the absence of members who took part in the debate, appears to me totally unaccountable and inconsistent with any ideas that I entertain of honour and good faith. " As to the merits of the measure novj proposed, I am sorry to say that it is impossible for me to accede to it, either as a member of Convention or as an individual "As a member of Convention I cannot, because if public bodies can be bound by honour, we are solemnly bound, not merely to each other (for that obligation we might release) but to the public, to Parliament, and to many respectable indi- viduals, to confine ourselves to the single object of burgh re- form. We have in our publication, particularly the letter from our Secretary to the Minister, directly declared that our object expressly excludes a Parliamentary reform, and this is used as an argument to induce him to support us. We have authorised our friends in l\arlianient to make tlie same decla- ration in our names ; and you know that, by the same assur- ance, the support of private individuals of great respect has 332 HENRY ERSKINE. been obtained. As a member of Convention, therefore, I feel myself bound in honour to adhere to those solemn declarations, and I feel that, without the grossest breach of faith, we cannot act otherwise. " As an individual, I am under the necessity of saying, and I say it without reserve, that were the Convention to meet again to-day as full as it did on Wednesday, and, upon the facts you mention, were to adopt the views of those gentle- men who propose connecting us with the Association, or even calling a new Convention to deliberate on that subject, I should not hesitate one moment, however unwillingly, to take my leave of the burgesses for ever. For, in the first place, it will be remembered that at a very early part of the business I did, at the request of the Convention, use the wdiole force of my interest in a very respectable quarter, to procure sup- port to the view^s of the Convention, on the express condition that they went not to a Parliamentary reform. This declara- tion was not made by the burgesses on my account, for I was then, and am now, a friend to Parliamentary reform. It was then OUT sentiment, and such I stated it to be, and honour tells me that if the burgesses should see cause to shift their ground, I must continue upon mine. Had they originally set out on the footing of a general reform of Parliamentary rep- resentation, tho' I sliould have suggested the hazard in which the extent of the object involved its success, I should have most cordially embraced it in its fullest extent. It was, how- ever, their pleasure to pledge themselves to a more limited system, and having, wlicn in that mind, induced me to answer for their views and objects, I am not one who can afterwards plead a change of their sentiments as a warrant for my de- parture from the most solemn explanation of my own views and theirs, given by tlieir own autliority, at tlieir own request. " Tims far my reasons would operate, even tho' I were a member of the respectable Association with which it is pro- posed we should solicit a connection. The line I have taken REMON!:iTRANCRS. m ill tlifit matter would at any rate preclude me from goiii,^- int(j either of the propositions stated in your letter. I have said that 1 am a friend to reform in Parliament, and it will not be doubted that I love many of those gentlemen wlio liave at present associated themselves to obtain it ; wliy, tlio' attached to this object, I have declined concurring in the measures that are taken to procure it, I shall not now enter upon. My motives are known and approved by those members of the Association whose characters I most highly respect. But you must be sensible that, having on grounds of conscientious opinion refused to join the Association, at least at present, in any individual capacity, it must be impossible for me to con- cur, as a member of the Convention, in a union witli this same Association, even tho' I thought that nothing else stood in my way. But I repeat once more, that without- abandoning every pretension to honour and consistency, the Convention cannot extend their views to a general Parliamentary reform. And therefore, I have no hesitation to declare that their doing so ends all connection bet-ween me and them. I am equally clear as to tlie consequence of calling a new meeting to con- sider of the subject. I can never deliberate as to whether I am, or not, to fulfil and adhere to the most solemn public declarations which, by engaging the support of individuals, have in fact become a contract of the most sacred nature. " You say you proceeded yesterday on the idea that the temper of the burgesses at large was not yet prepared for a union, as well as on our want of powers. Alas ! my dear Fletcher, is it possible that you do not perceive that, if the burgesses, when under different impressions, authorised their delegates to pledge them in the most solemn manner to a limited object, any change of sentiment can warrant their granting new powers for the purpose of violating the most serious engagements ? But whatever llie burgesses may feel, my mind is made up. If they adhere to the original bond of union, which was not of mv mukin<4, but theirs, no considera- 334 HENRY ERSKINE. tion shall lead me to forsake tliem ; but if, from a recent change of views, they will move to ground where I cannot, with honour, follow them, and where I think they cannot with honour go, I have no alternative left me but to take my leave. The loss of my small tho' faithful exertions may not be felt ; the loss of Gartmore, too, whose sentiments I believe you'll find to be the same with mine, the gentlemen may be prepared to meet ; but before they proceed a step farther, I beg them to consider if anything can repay the loss of character that must infallibly attend what I am certain will by all thinking men be considered as a breach of good faith, not only amongst themselves, but with the public. " I have thus, my dear Fletcher, in great haste, and with a very bad pen, thrown on paper what occurs to me on the subject of yours ; I scarcely regret that it is absolutely impos- sible for me to attend, because, feeling as I do, when I think our honour is concerned, I express myself more coolly on paper. Of my absence, the gentlemen who at so late an hour have brought forward so much new matter, cannot complain, because they kept silence when the subject was debated, and join'd me in getting rid of the very motion they would now support, and they were appris'd of the impossibility of my attending to-day. " I leave it to your discretion to use this scrawl (if you can read it) as circumstances may require ; and beg you'll believe me to be, with real regards, yours most truly, " Henry Erskine." It need hardly be mentioned that this letter is not to be found amongst the printed records of the scheme. There is no reason for supposing that Mr Archibald Fletcher himself was a sympathiser with the ill-judged action of the meeting to which Mr Erskine takes exception ; on the contrary, there is every prolmbility that these friends were of one mind upon this matter, as they had been from the l^eginning of the agita- SPREAD OF THE REVOLUTION. 335 tioii for reform, and that it was in the capacity of Secretary to the Committee that the letter was addressed to him. It may be inferred, moreover, that ]\Ir Erskine's phdn speaking had the desired effect of bringing the ill-advised innovation to an end ; for we have Mr Fletcher's own word for it, that the Dean of Facnlty's connection with the canse continued, and that he himself was associated in every Con- vention of delegates, after 1784, with tlie Ilonble. Henry Erskine, " a man with whom it was an honour to act, and who, in the variety and brilliance of his talents, left no equal behind him in his own country." The success of the scheme seenied to be assured wlien, in March 1793, Mr Sheridan carried a motion in the House of Commons for a select committee, named alternately by each side of the House, to inquire into the petitions of fifty-four Itoyal Burghs of Scotland.^ But before this committee could present their report, the French Eevolution had reached such dimensions, and the proceedings of the wild Eepublicans — " Serpents contagieux qui clos sources publiqucs Empoisoiinent les eaiix," as these enthusiasts were termed by a fellow - countryman ^ — "that multitude of felons and slaves broke loose from their fetters," as the wliole French nation was described by English alarmists, — had filled this land with such horror and fear, lest in the frenzy of their new-born liberty they should ^ It was not until 1833, when rarlianicntaiy reform, with whicli it iuul been always more or less connected, had become a fact, that Burgh reform, after many perils and vicissitudes, other than those mentioned here, was finally accomplished. After the Lord Advocate, Jeffrey, had suffered much by reason of it, and "blockheads of Town clerks, and little fierce agitators," on the 20tli of August 1833, he writes to Lord Cockburn regarding the Bill: "If things go right, I think I shall move on Sunday or j\Ionday, It makes me start when I think of this as a reality, which I have been so long accustomed to cherish as a dream by night, and a vision only in the day." — Life of Jeffrey, i. 350. 2 M. Senac do Meilhan ; Portraits ct Caraefiircs : Paris, 1813. 336 HENRY ERSKINE. overrun and destroy the neiglibouring countries of Europe, that for a time the very name of Liberty became a bugbear in England. Ostensibly to check the progress of the opinions of the French, \yar was declared with that nation : the skilful management of the Government, aided by the perfervid elo- quence of Burke it was alleged, was effective in attaching the sympathies of the great body of the people to Mr Pitt and liis administration. DIFFERENCES OF OP/N/ON. 337 CHAPTER XIL SCHISM OF THE WHIGS — POLITICAL ASSOCIATIONS — " FRIENDS OF THE PEOPLE " HENRY ERSKINE AND SIR GILBERT ELLIOT THOMAS ERSKINe's defence OF PAINE — DUMFRIES TINKERS TRAGEDY OF GULLANE LINKS THE AFFAIR OF THE DEANSHIP " THE TELE- GRAPH " BURNS ON THE DEANSHIP MINISTER OF CRAILINg's PETITION — SPANISH DOLLARS. As the French Eevolution advanced, its daily progress was watched with the utmost anxiety by all in tliis country who were interested in public affairs. By some it was hailed as the harbinger of universal liberty ; l^y others it was dreaded as a prelude to the reign of anarchy and possible crime. Thomas Erskine, whose sympathies had been strongly excited by his experiences of the new order of things during his visit to Paris in 1791, was of the first-named party. His views, clearly expressed, were the means of separating him from many of his political friends, chief amongst whom was the Prince of Wales, but the question of self-interest never for a moment affected the conduct of Thomas Erskine when he thouglit his duty was concerned. On the other hand, doubt and uneasiness were felt by many sound Wliigs of Sir Gilbert Elliot's sensible scliool at the possible danger into which tlie policy of Mr Fox and his followers might lead the nation. The difiercnces of (^pinion upon the question of the course of action most advisable at this time were so strong as to cause wlint lias l)een styled the '' Schism of the Wliigs." V 338 HENRY ERSKTNE. A result of the agitation was, that early in the year 1792 was formed a combination of the most active of the Whig gentlemen, entitled the " Society of Friends of the People, associated for the purpose of obtaining a Parliamentary re- form." Thomas Erskine was among the first members of this Association, originally not above fifty in number — of whom the names of a few of the more prominent have al- ready been given — consisting principally of persons of rank, talents, and character,^ many of the most respectable gentle- men in the kingdom, and several members of Parliament. As at first constituted, the objects aimed at by the " Friends of the People " were by no means revolutionary. They began by publishing a very minute account of the state of the representation of England and Wales, the substance of which was afterwards embodied in their petition presented to the House of Commons by Mr Grey, on the 6th May 1792. In it they asserted, amongst other things, that 84 individuals did, by their own immediate authority, send 157 members to Parliament ; and that, besides these, 150 more, making in all 307, were returned to that House, not by the voice of those whom they appeared to represent, but by the re- commendation of 70 powerful individuals. Thus the total number of patrons was 154, who returned a decided majority. These statements, the Society observed in their petition, they were ready to prove at the Bar.^ They likewise professed to be able to prove that no less than 150 members owed their elections to tlie interference of peers ; also, that they had evidence that 40 peers, in defiance of the regulation of the House of Commons, had possessed themselves of so many bursaire tenures, and obtained such an absolute command in very many small boroughs in the kingdom as to be able, of ' A View of the. Causes and Consequences of the Present French War, attri- buted to Lord Erskine in A Defence of the People, in reply to Lord Ersl-inc, 1819, p. 83. Elsewhere it is said "one Inuidrod iiKMnhers." ' Public Characters, i. 428. '' FRIENDS OF TIfF PFOPLE:' 339 their own positive authority, to return 81 honourahh* ineui- hers.^ From the first the Society declared that tlie preserva- tion of tlie Constitution was their uppermost thought, — tlie foundation of all their proceedings ; and that tlieir object was to restore the representation of the people to that state wliich was contemplated in the Constitution. Prior to the combination of the Friends of the People, there had been in existence several associations of Eevolutionary Eeformers, included in the ranks of divers so-called " Consti- tutional," and '' Corresponding societies ; " these, by no means satisfied with the objects the " Friends " had in view, openly opposed them, even proceeding so far as to attribute corrupt motives to the leaders of tliat association. Sir Gilbert Elliot wrote at this time that there was nothing upon which the members of Thomas Erskine's Association were so sore " as tlie imputation of any connection with, or resemblance to, Paine or Home Tooke's followers ; and Hum w^ere quite ready to reject them in their turn." " There was no man living more fully aware of the necessity for correction of abuses in the system of representation, which had become flagrant, tlian was Henry Erskine. He perfectly understood all the evils complained of, and as an acknowledged leader of the popular party, he could not be indifferent to their existence. But far before the reform of Parliament, he valued tlie freedom of the nation from the horrors which were seen in piogress at no great distance from our shores ; and however wilb'ngly he would have helped in a cause so just in quiet times, he held strongly to the opinion, and acted upon it, that it was tho duty of every loyal citizen to set liis face against anything wliich, at this most critical moment in the nation's liistory, might ]irovoke discussion in wliidi the Con- ^ Proceedings at an Extraordinary General Meeting 0/ the Society of the Friends of the People. Held at Freemasons' Tavern on "Wednesday, 9tli April 1794. 2 Life and Letters of Sir Gilbert Elliot, by liis ,i,Moat-niece, the Countess of Minto (1874), ii. 20. 340 HEiVRY ERSKINE. stitution might come under review. In tlie House of Com- mons when the subject of petition for Eeform was mentioned, the emphatic word of warning had been given by Mr Burke — " Is tliere not an avowed party in this country, whose object it is to overthrow the Constitution ? There is such a party. I know it." Unnecessary discussion of any kind at this moment Mr Erskine looked ujdou as the letting in of water, which might become a torrent beyond man's power to control. This steady loyalty and unswerving opposition to anything that might threaten danger to the institutions of our country, is shown in the letter here followim:^, as well as in tlie " resolutions " already mentioned, which he had the skill to get adopted. These, till we have the clue of the perilous times that called them forth, appear to be apropos of notliing, and abrupt in- terpolations. In truth he was not only loyal in himself, but the cause that loyalty was in other men. It was in the midst of this period of excitement, which immediately preceded the declaration of the Society in Par- liament, that Thomas Erskine addressed a letter to his brothers, strongly urging them to side with him in the efforts he was making in the cause of Parliamentary reform, and inviting them to join the Society formed with this object. He writes thus to the Earl of Buchan : — ''April 27th. " My deak Brother, — I daresay you have heard of the new Society, associated to bring about, by petitions to Parlia- ment, and by enliglitening the nation, a reform in the repre- sentation of the people, keeping the great landmarks of the Government, and seeking only to preserve and render it respectable. I have, after serious reflection, become a mem- ber ; I am quite sure notliing less will save the country. In completing the original body, each member has leave to name two non-resident members, and my wish is to name you and A BROTHERLY APPEAL. 341 Henry ; we have never yet come forward together, iuid I like the " Tria juncta in uno " in a good cause. We subscribe a declaration, Avhich amply distinguislies us from the Republi- cans nursed up by the corruptions of our Government ; our intention l)eing to preserve it. Cliarles Grey, member for Northumberland, gives notice that he shall move early in the next Session, and I am requested by our Society to second the motion. Let me know what you think of it." What reply to this the brothers may have made is not known, though Sir Gilbert Elliot wrote to his wife that " our neighbour, David, Earl of Buchan, is one of the number " ^ of recruits. It is, however, very obvious from the following letter of Henry Erskine's, what the tenor of his answer must have been. Loyalty and common-sense are in every line of it :— Mr ErsUnc to Sir Gilbert Elliot.^ "Edin., nth June 1792. '•'My dear Sir Gilbert, — As there is no person with whom I stand connected by blood, friendship, or political party, for whom I have a more sincere respect, or to whom I feel a 1 Letters, ii. 26. 2 Sir Gilbert Elliot, fourth ]'>aronet of Minto, was born 1751. He was the companion of Henry Erskine at Edinburgh College. The career of this ilistin- guished statesman is well known, thanks to the very admirable work of "liis great-niece the Countess of Minto." "He was for many years a leading figure in the House of Commons, and afterwards in the House of Lords. His elocjucnce obtained the admiration not only of Burke, but also of Fox ; he was a sure member of any AVhig Administration that could have been composed from 17S4 to 1794 ; he was twice the party candidate for the office of Speaker ; lie governed India first as President of the Board of Control, afterwards as Covernor-General. In all these undertakings he gained the admiration of friend ami foe alike." — Quarterly Review, July 1880, p. 2. Sir Gilbert Elliot was created Baron ^Minto in 1797. The relationship referred to by Mr Erskine arose from Sir Gilbert's mother and Henry Erskine's grandmother having been both of the ])a!iymple family. 342 HENRY ERSKINE. more sincere attacliment than yourself, you will easily believe that I could not chance to difter from you on any point of great importance without particular concern ; and that, on the other hand, I must receive a very great degree of satisfaction in finding that on any point of consequence my sentiments coincide with yours. I therefore embrace with eagerness the opportunity your friendship has afforded me, of giving you my opinion and determination on the very important question that at present so unfortunately divides our political friends. " For myself I have ever been of opinion, that however excellent the principles of our Constitution may be, it certainly admits (particularly in respect to Parliamentary representa- tion) of many very salutary amendments ; and whenever, at a proper time, and in a proper mode, there shall be brought for- ward a plan of reformation in that respect, it shall meet with my cordial support. But I am decidedly of opinion that this is of all others the most improper time that such a plan could have been suggested, and that the mode adopted is in the present conjuncture the most unfortunate that could have been devised. Tho' I rejoice in tlie downfal of despotism in a neighbouring kingdom, and am by no means certain that, wildly democratic as the system which has been substituted in its place may appear to be, it was in the situation of that country avoidable ; yet I am perfectly certain that it has excited in the minds of many men in this island ideas on the subject of Government highly hostile to our happy Constitu- tion, and which, if not repressed by the firmness or moderated 1)y the address of its real friends, may lead to consequences of the most dangerous nature. At such a time, therefore, that general complaints of the defects of the British Constitu- tion should have been brought forward from so respectable a ([uarter, I most sincerely regret ; and I still more seriously lament that the remedy proposed has been left so vague and undefined, and however, in other times and circumstances, I might have been inclined to join the respectable Association, MK ERSKINE TO SIR GILBERT EfJJOT. 343 wlio from the i)urcst motives liave stirred tliis business, 1 have been under the necessity of not adding my name to the list, the' my attention was called to the business by my brother Thomas, with whom it must naturally be my desire to act so far as my own feelings of duty or prudence will permit. " I am satisfied that the vague and indefinite nature of the resolutions of that Association will lead all those whose wild and extravagant notions on the subject of Government are taken from, or at least inflamed by, several late publications, to join in a general cry of Eeform. " They will grapple themselves close to the Association till they find (which I trust tliey will do) tliat the objects they have in view fall sliort, very far short, of the high democratic notions to which I have already alluded, and tlius two very serious evils will arise : first, a flame will be exerted in the country which the exertions of the Association will in vain attempt to extinguish ; and, secondly, those, very individuals wlio, independent of their being so committed, would most probably have been able to quiet the minds and moderate the exertions of the wilder reformers, will find that they have lost the confidence of the lower ranks of the people, by means of which they might have been able, at some future period of a different complexion, to have obtained by means of the moder- ate sound of the public voice that rational degree of reform, of wliich I have already said I really think that our Constitu- tion would admit. " Under these impressions, I have resolved (tho' without any change in my abstract sentiments on the subject of reform) to join in no public exertion towards it in the })resent delicate situation; but on the contrary, so far as I may have any influence, to exert it for the purpose of moderating the violent spirit of innovation I perceive with regret to be rising even in this part of the United Kingdom ; and so far as lies in my power, to prevent all my friends who, like myself, are attached to a moderate and Constitutional reform, from exerting them- 344 HENRY ERSKINE. selves to obtain it at a period wlieu their endeavours would not only lead to a very eminent political danger, but might tend to preclude the hope of obtaining in safer times those meliorations of which I think the Constitution of this country stands in need, and would admit of, to the effect of renovat- ing instead of improving the admiral^le foundation on which it rests. " I have thus, my d""- Sir Gilbert, tho' very pressed as I am with the hurry of business, thrown out my ideas on this important subject. I know not precisely how your ideas on the general subject of reform may stand, but I have the satis- faction to think that our line of conduct will be the same. I shall be happy, with your leisure and with mine, which is now fast approaching, to communicate more particularly on the subject ; and in the mean time, with respectful comp*^- to Lady Elliot, and kind love to the young folks, I remain, my d'^- Sir Gilbert, your very affectionate and faithful serv*- " Henry Erskine." ^ The more moderate party of tlie Whigs, who sympathised with Mr Erskine in this matter, and who included in their number Sir Thomas Dundas, Sir Gilbert Elliot, and other steady politicians, were the stay of the Duke of Portland at this time. It was about the same date that Sir Gilbert in- formed his wife " Harry Erskine has written to the Duke in terms which have given him great satisfaction. ... I did not see his letter, as the Duke had lent it to Lord Stormont." A little earlier tlian this Sir Gilbert Elliot had written that Mr Pitt had expressed his satisfaction at the disposition shown by the Duke of Portland's friends, — who had by this time ac- quired for themselves the title of the " Anti-Pteformers " — to co-operate for the preservation of tranquillity. Further, in tlie course of these excellent letters, we read how several of 1 This letter is given from the first diaft in Mr Erskine's handwriting : the original letter, it appears, is preserved in the Minto family. THOMAS ERSKINE AND PAINE. 345 tlie members of the Association became tired, and not a little ashamed of it ; and how, for instance, the secession of five^ including Lord John Paissell, is recorded as having taken place at one time. In the year 1792 Thomas Erskine gave the most effective proof of his devotion to what he considered to be l>is duty, and of his high sense of honour as an advocate. The occasion was the trial of Thomas Paine for tlie publication of the second part of the Rights of Man. Although it was impos- sible that there could have been any acquiescence on his part in the offensive expressions made use of in the book in reference to members of the royal family and monarchical government generally, yet he considered that he had no option in the matter of accepting the retainer when offered to him. Against all advice, and in spite of messages from the Prince of Wales, in whose establishment he held the office of Attor- ney-General, he adhered to his conviction that he was doing his duty. Though Paine was found guilty, Mr Erskine's defence had the effect of mitigating the consequences of his client's crime. Shortly thereafter Thomas Erskine was re- moved from the post he held in the Prince of AVales's-^ ser- vice. The letter of Lady Anne Erskine, which follows, shows the extreme anxiety which she and her correspondent felt lest their brother and nephew should have in any way imbibed the doctrines of the individual whom he had assisted with such determination in defending, and in whose behalf he had spoken so eloquently. ^ The Prince of Wales had afterwards no diiliculty in seeing the cliivalrous conduct of Mr Erskine in its true light, and in making what was handsome reparation. He was sent for, and personally informed that the oflice of Chan- cellor to the Prince of Wales had been revived in his favour, after having lain dormant since the reign of James I. , Lord Bacon having been the last holder of the office in the service of Prince Henr3\ This appointment, the Prince informed Mr Erskine, had been kept for him until he should be of age sufficient to be eligible for it. 346 HENRY ERSKJNE. The feeling which leads a true actor or an enthusiastic advocate to identify himself with the part he undertakes, or to put himself unreservedly in the place of his client, as well as the amount of opposition he was obliged to encounter, had no doubt some share in inducing Thomas Erskine to make this cause his own, even after he had brought it to a satisfactory conclusion ; or it may have been that the freedom of speech lie allowed liimself was partly attributable to that spirit of drollery and mystification which at this time prompted him to adopt, or threaten to adopt, after his trip to Paris, various Eepublican fancies, such as a Jacobin red uniform, with revo- lutionary buttons, puzzling and alarming to his friends. There was also in the minds of these good women a well- founded dread of those political Societies with which Thomas Erskine's name had become associated in men's minds, but which he afterwards saw reason to discountenance.-^ It will be seen that it was not long till his sister began to be some- what reassured — perhaps to feel some pride — on his account. Lady Anne Erskine, to Mrs Elizabetk Steuart. "Spa-fields, Dec''- yc I8th 1792. '' My very dearest Aunty, — Fourteen years ago ^ this w^as to me a day of sorrow. This year it has been a day of anxious solicitude to my lieart for the Lord to be with my ^ Many years afterwards, Avhen Lord Erskine was taunted with the accusation that he had fallen away from the higli position he had occupied at one time as a Reformer, and left in the hands of others the schemes for Parliamentary reform he had once planned, he was even then (1819) constrained to enter into explana- tions. Lord Erskine describes how "the bolder and more enlightened Reformers, who had suspected and calumniated himself and his more moderate Whigs, organised a general system of correspondence, in terms so rash and incautious — in many instances, indeed, so criminally and dangerously licentious — that their papers were seized by Government, and a few amongst them selected ns their leaders were taken into custody by warrants from the Secretary of State." — See A S'Jwrt Defence of the Whigs, p. 11. - Agnes, Countess of Buchan, her mother, died in 177b. LADY ANNE ERSKINE REASSURED. 347 (P^- brotlior, jiiid give liiin wisdom, tlmt lie iniglit eiT neitlier on the riglit liand nor on the left in the very critical situation lie stood in, in pleading Payne's cause. It is jmt over. Aly Ij'- I am informed, spoke tliree hours and a half and 7 minutes, and acquitted himself most ably. Express'd himself in terms of the highest respect and loyalty for tlie King, tlie royal family, and the Constitution. Tlie liberty of the press and a free investigation of truth was all he contended for ; and on this head, I am told, he spoke of God and of truth, the liberty of the pulpit, as well as of tlie press, in terms of the highest reverence. This is all I can tell you, and all I liave heard, and the post is just going out ; the acclamations of the people were very great, and they took the horses from his coach, and drew him from Cheapside home to Serjeant's Inn. Payne w^as convicted. The judge was going to give the jury a charge, but they said it was unnecessary, and brought him in guilty of a libel. I give you no margin to this letter, for I mean it merely for your own perusal, for I make it a settled rule never to speak or write of politicks w'^' I am not called to meddle wdth ; nor have I read a newspaper since last June w^as a year. I only write this to satisfy you that my b'- said every- thing of the King and Constitution that was proper, as you may hear reports to the contrar}^ "My love to all w^ith you, and believe me ever most affect^^'" yours, A. A. E." ^ Mrs Mure of Caldwell writes the following description of him, Thomas Erskine, at this time : — "•22 Odohcr 1793. " I saw Tliom. and his family pretty often, and had he not l)een so xery daft cibout Thorn. Paine and such like, he is a charming, entertaining creature, and by much the lia})piest man in London ; and he thinks lie is right, and can make ^ Collncss MS'. 348 HENRY ERSKINE, himself believe everybody he takes to all right. . . . He himself is the best-looked, young-like creature I ever saw — is like Harry's son, not like the father of grown-up children. They are both very attentive to Lady Anne, but he has little time for any attention, yet works and plays himself with a parrot as if quite idle." The state of uncertainty, and terror of what unknown evils were likely to overtake the nation, which prevailed at this time, is amply shown by many of the family letters which have been consulted in the course of this narrative. It w^as no exaoojeration to call it the " Eeic^n of Terror." For exam- pie, one excellent lady writes from Woburn on July 6, 1793, to her friends in Scotland : " The times, those awful ones approaching, I have no doubt will have their due effect. Happy will those be that has a safe refuge ; had I not in many respects seen the stagnation of trade, and its effects in the last six months, I could not have believed it ; yet our God sits at the head of human events, turning evil into good. I was witness to some myself, that had been very high in life, telling me that with the little that was saved from the wreck, they would bid adieu to the world, and henceforth seek their God alone. What little I have is in private hands, as everything is uncertain ; but God's will be done, and all will be well done." Though at the time it was no laughing matter to Watt, Downie, and other conspirators who had planned to seize the C/astle of Edinburgh, the banks, judges, and magistrates, and to establish a government of their own, or to the community generally, the Friends of the People and their revolutionary notions became rather a joke with the inhabitants of Edin- burgh when they found themselves well out of the wood. There are various scraps of anecdote still extant regarding this eventful period. They are useful as straws, showing how the wind of political doctrine tended. Thomas, Loud .ErsikinEo Lord Chanrt/ir/r ofl'Jnaland. REMINISCENCES OF " THE FRIENDSr 349 A worthy old gentleman, now lon«^- gone to his rest, wlio could " trace tlie line of life backwards " through some sixty years to a thne when he was a " callant," used to take plea- sure in recalling incidents of this troublous age. Thus lie would say : " I mind them [the Friends of tlie People] well. Once an unbelievin' I>aker, and a Teilor body frae Dundee, cam' oot to preach to the collier lads at Gilmerton ; and a young birkie gied them a terrible begunk. They set up a table for a pulpit, and many a one attendit for the sake o' the ploy ; decent auld women, not a few, seeing, as they thought, twa preachers, weel-put-on, wi' their Bibles under their oxters, followed, hoping to get the benefit o' a word. "Whilst the Baker addressed the meeting frae the table, the Teilor was busy selling his infidel bookies ^ amongst the crowd. The Baker had just enter't upon the second heed o' his discourse ; that in the time of the Israelites the settin' up o' a monarchy was discharged, and had just 'weet his thoomb ' to turn up the passage in the Auld Testament, when the birkie cam up. He had seen, as he cam foret, the Laird of G 's coach warstling up the hill, and he thought he wad see if he couldna fleg the Baker — ^^just for fun. kSo says he, very cannily, stepping up to the table, — ' I'm sayin', chappies, ye had better — maybe — mind yersel's. Here comes three cliaise-fu' Freens o' the People 'at they're takkin' in to the Em'bury To'booth.' " Liftin' up their eyes, the pair saw — as they thought — the first o' the three chaises at the brae-heed, almost upon tliem. One glisk was enough. The Baker lap aff the table. The Teilor body and he, castin' the shuin, set aff skelpin' across the country, deil tak the hinmaist. The collier lads flang after them divots — peats — ' feckless fules ! ' — ' a bonnie pair ! ' and siclike ; but they never keekit ahint them till they were safe at the hoddom 0' a cocci-pit. ^ "Nice clever books by Tom raino, the pliilantliropist." —A II fi- Jacob in claotvHcs. 350 HENRY ERSKINE. " Then there was Ceetizen ]\I . One time he was pit- tm' up at the ' Black Bull/ he tauld the servant-lass to gie hmi a cry in the mornin', in time for the Lauder coach. ' But mind ye/ says he, ' when ye cliap at tlie door, at no liand maun ye say, 'Mr M , it's time to rise ;' but ye maun say, ' Ceetizen equal, rise ! ' and as he took his candlestick, he gied the lassie a bit smack, just for the sake of Liberty, Equality, and Fraternity. But she, puir thing, had forgotten lier task l)y the mornin', and chappin' at tlie door, crys out, ' Aiqual fittin', rise 1 ' " " I think it was Citizen M that erekit a gulliteen in his back coort, and gulliteen' d a' his hens wi't." Thus would the old man jander on, recalling his boyish days ; for " Life all past. Is like the sky when the sun sets in it, Clearest where furthest off." It was in concert with IMrs Eiddell, and apparently at her solicitation, that Mr Erskine undertook to right a case of hardship, as was his wont. This habit of his of taking up — " without fee or reward," as it was phrased — the cause of the •distressed, and using for their benefit the high talents with which Providence had endowed him, was more than any other the cause of his wonderful popularity in Scotland. The Strathspey Fencibles w^ere quartered at Dumfries in 1795. In June of that year the magistrates had made application to the officer commanding that regiment for a party to assist in apprehending some Irish tinkers who had taken up their abode in a house some mile and a half from the town. It is not said how these tinkers had offended asjainst the law. On the party approaching and demanding admittance, they were answered by a volley of musketry from the house, the tinkers firing " rugged slugs and small bullets." Three of the soldiers were severely wounded, but they made a rush at the " position " and carried it ; and though they had suffered CJISE OF THE DUMFRIES TINKERS. 351 tlius heavily, it is recorded that they refrained from using tlie bayonet, on the inmates calling for mercy. One man, and two women in men's clothes, were brought in prisoners, — the others had made their escape. It was found that Sergeant Beaton was badly wounded in the head ; John Grant, a grena- dier, in both legs ; and one, Eraser of the Light Company, had received a whole charge in the arm. Unfortunately one of these men died of his wounds. John O'Xeil, the leader of the tinkers, was brought into Edinburgh for trial : as he was a Eoman Catholic, his cause was taken up by several of the Catholic families of Dumfries- shire, who resolved that he should be defended on the ground that he was justified in resisting any attempt to enter his house. Mrs Walter Eiddell was deputed to go to Edinburgh with this object. She had no difficulty in inducing Henry Erskine to espouse such a case ; but notwithstanding all his efforts, O'Neil was found guilty, and condemned to be hanged. His friends did not rest, however, till they had got a commu- tation of his sentence, which Mrs Eiddell was instrumental in effecting, by means of the combined influence of Mr Erskine and Mr Fox. Connected with these same Grant's Fencibles a few years later, a melancholy story has been told by more than one writer (Stewart in his History of the HigUands, for instance) when describing these times. The incident was the execu- tion of two Highland soldiers of this corps on the Links at Gullane, in East Lothian. As in most of such cases, which were then not uncommon, this deplorable business seems to have been the result of the want of a little tact in dealing witli men who had not yet acquired the soldierly instinct, A tradition of this tragedy lingers in tlie neighbourhood at the present day. The unfortunate men had been found guilty of " mutiny." The Fencibles, it seems, were encamped at West Barns, near Dunbar. It was the custom for the men to make most of their ]nircliases at Dunbar on tlio market- 352 HENRY ERSKINE. day, commissariat arrangements ^ being then of the most primitive description. On the occasion when the offence arose, the men had been kept, whether purposely or not, unusually long at drill on the market-day. When at last the parade was over, and the soldiers dismissed with a — " Now you can go," some of the men, raw and quick-tempered, unfortunately replied, " It iss high time ; the markets iss over." This was mutiny ; and being in time of war, the offenders were tried, and condemned to be shot. The place of execution was a spot on Gullane Links, known as " Yellow Mires," easily accessible for the troops at Mussel- burgh and at West Barns. A great concourse of the country people followed the troops to see the spectacle, among the rest two young girls, Mary Whitson and Mary Home, belonging to the village of Gullane. The trial and sentence had given much dissatisfaction : and the arrangements for carrying out the execution of the law are described by other w^itnesses as having been very elaborate and precautionary. The gun-flints had been taken out of the muskets of the Grant's Fencibles — except in the case of sixteen men of the regiment detailed to fire on the prisoners. In rear of those men w^ere posted thirty-two men of the Scots Brigade with loaded arms, with orders to fire on the sixteen should they shrink from their duty. The cavalry w^ere posted be- hind the foot-soldiers ; while in rear of all, the artillery w^ere drawn up with two loaded field-pieces, tlic onatcJics turning. One of the four prisoners tried had been pardoned ; another was to be let off upon the ground by the drawing of lots. 1 "Ye understand me, there was nae such smart ordering of things in the army in these days, the men not having the beef served out to them by a butcher, supplying each company by a written contract drawn up between him and the paymaster before 'sponsible witnesses ; but ilka ane bringing in wliat pleased him,— either trotters, steaks, spar-rib, jiggot, or so forth."— Z?'/-? of Mamie Wauch, Tailor in Dalkeith, p. 120. TRAGEDY OF GULLANE LINKS. 353 The girls who had followed the troops were witnesses of what took place, and described the extravagant joy of the soldier who drew the lot which saved him. One of the unfortunate men they described as tall and handsome, who met his death with much dignity: the other was, they said, " a small man, and ill to shoot ; " he would not kneel down, but jumped up at each dis- charge, or flung himself flat on the ground. At this stage the little man called out to his comrades, reproachfully, " Where iss ahl my freen's noo ? " A voice from the ranks of the Fencibles replied, " They have taken the flints oot off our firelocks." When these two girls saw what the fate of the first prisoner was, they — as they themselves said — filled their claidlies (pinafores) with dry sand, and waited in terror to see the end. Then — when all was over, and the troops and the crowd were gone — these two children " piously " did cover over with the dry sand the traces of the ghastly morning's work. The site of this tragedy is marked by a cairn of stones. The well-known picture in the Scottish National Gallery, " Aberlady Bay," by the Rev. John Thomson of Duddingston, must have been taken from a point not far from this place, — a dreary spot enough, where, usually, the silence is only broken by the lap of the waves, or the cry of the curlew. This part of the narrative of Mr Erskine's career will have been ill told if it has not been made apparent that he stood in the foremost rank of those large-minded men who strove by any means to tide over a most dangerous juncture in the affairs of this country — even placing himself in opposition to some of the chiefs of his party, and for a time, to his own brothers, in his well-meant efforts. While others sought to lead, he tried to restrain — much the harder task, as all are aware who have ever had to direct the actions of their fellow-countrymen. But notwithstanding all Mr Erskine's strenuous endeavours after peace and tranquillity, when the time came fur the Gov- ernment to adopt measures which in their wisdom tlioy thought z 354 HENRY ERSKINE. expedient for tliat end, but in the operation of wliich some could see danger to the subject, there was no one who spoke out more plainly tlian he did : — • * ' This is true liberty, wlien freeborn men Having to advise the public, may speak free ; Which he who can, and Avill, deserves high praise ; Who neither can, nor will, may hold his peace : What can be juster in a State than this ? " The measure wdiich called forth his strong disapproval was tlie " Seditious Writings Bill," the provisions of which were such as, many thought, might easily be abused. His view^s on this matter were strong, and, as in a former stage of the national emergency, he was in no degree backward in express- ing his opinions. A more timid, or a more prudent man, as regards his own interest, might have held his peace. Upon this turned the incident which Mr Erskine considered the most momentous in his professional career, leading him to believe that he had, for the moment, lost the confidence of his brethren, whose leader and representative he had been for many years. Nor was it perfect consolation to him to realise the fact, clearly demonstrated, that this estrangement (if it were such) was in no small measure the outcome of unreason- ing panic, of which many lived to be ashamed, and little con- nected with himself j^^rso^irt//?/, except in the smallest minds. " Whate'er you plan, — Whate'er your politics, great man, You must expect detraction. Though clean of hand and honest heart Your greatness must expect to smart Beneath the rod of faction." The truth of this lesson by an unknown poet was fully ex- emplified in the experience of the Dean of Faculty. Briefly stated, the facts are in this wise. On tlie 28th of November 1795, a meeting was held in Edinburgh for the purpose of making a protest against the bills complained of. THE DEANSHIP, 355 At that meeting Mr Erskine, who, it wouki appear, was not the chairman,^ was called upon to move the resolutions, nine in number. This he did, notwithstanding his position as Dean of Faculty. The resolutions, besides a loyal statement of abhorrence of the late attack upon the king, embodied the views of the meeting with regard to these bills, and another for the more effectual suppression of seditious meetings, and the restoration of peace. The country at this time, as has been said, was in a painful state of alarm, in which all parties, probably, were ecpally involved. Be this as it may, the prominent part Mr Erskine took at this meeting called forth the strongest disapproval of many of the Faculty, — expression of which was conveyed to the Dean in a letter signed by eight members of the profes- sion. Further, it was intimated to him that it was intended at the next election of Dean of Faculty to bring forward another candidate for the honourable office. Seeing that they had re-elected Mr Erskine annually since the year 1785, this procedure was the more severe. Mr Erskine replied to this in a long letter to the Faculty, which was printed and circulated. The rival candidate whom it was their intention to elect proved to be the Lord Advocate, Kobert Dundas of Arniston. Ultimately, at the election in January 1796, that gentleman was chosen Dean, and Mr Erskine deposed by a majority of eighty-five — thirty-eight vot- ing for his re-election. The correspondence which passed on this occasion is somewhat lengthy ; and interesting at the present day, perhaps more to members of the legal profession than to the general reader; it is therefore given in an appendix.- In all that occurred it never was hinted that there was the ves- tige of a shade upon the unsullied name of Henry Erskine. ^ "James Mansfield of Midmar, Esq., banker in Edinburgh, was called to the chair ; " whicli he only left for the moment, that the Honble. Henry Erskine, who was called to it, might move a vote of thanks to the Chairman.— See Cale- donian Mercury. - See Appendix No. V. 356 HENRY ERSKINE. The point at issue is, after all, more one upon wliicli the members of the Scotch Bar, of a certain standing, rather than any lay reader, are capable of giving an opinion on the facts recorded, seeing that the question hinges upon a view of the etiquette of the profession obtaining at a time now long gone by. Therefore, instead of offering any ideas on the merits of this case, which could be of no value, I would quote the views expressed by one whose opinions have commanded the respect of all classes in Scotland, as well as in his own profession. Lord Cockburn, in an elegant passage in his Life of Jeffrey, gives more explictly than any individual at the present day would dare to give, his views of this case of the Deanship. In his statement, he includes a declaration of the thouohts of Lord Jeffrey in the matter. The importance of a mature judgment by two such men upon a matter of this sort, in which the action of a body of which they in their time were the brightest ornaments, cannot be overvalued. Their verdict must be received as the opinion of the Faculty when Eeason had resumed her sway. After making mention in connection with Mr Erskine's name of " the deserved reverence for every virtue, for every talent that could be reared in his position, ... his private worth, and unsullied public lionour, . . . and un- matched professional splendour," Lord Cockburn goes on to say in his indignation: ''Yet on the 12th of January 1796, this man was deprived of his Deanship on account of his politi- cal principles ; or, at least, in consequence of his having acted upon them to the extent of presiding at a public meeting to petition against the war. This dismissal was perfectly natural at a time when all intemperance was natural. But it was the Faculty of Advocates alone that suffered. Erskine had long honoured his brethren by his character and reputation, and certainly he lost nothing by being removed from the official chair. It is to the honour of the Society, however, that out of IGl who voted, there were 38 who stood true to justice, even COCKBURN'S, AND JEFFRETS OPINION. 357 in the midst of such a scene. Jeffrey was not one of tlie ' thirty-eiglit.' There were three or four young men who agreed with Erskine, and who adhered prominently to the policy of his party ever afterwards, but who felt constrained not to shock the prejudices of relations, and therefore stayed aw^ay. Jeffrey was one of these. He respected the feelings of his father, and of his first patron. Lord Glenlee. He never re- pented of the filial deference, but most bitterly did he ever afterwards lament its necessity. He envied the ' thirty-eight,' and always thought less of himself from his not having been one of them. It made the greater impression upon him that this was the first public occasion on which he had had an opportunity of acting on his principles." -^ Lord Cockburn felt strongly on this subject. He refers to it again in another passage : " Considering the state of the times, the propriety of his presiding at a public meeting to petition against the war may be questioned. The official head of a public body should consider w^hat is due to the principles and the feelings of those he may be supposed to represent ; and to the great majority of the Faculty, Erskine's conduct must have been deeply offensive. Still the resolution to dismiss him was utterly unjustifiable. It was nearly un- precedented, violent, and very ungrateful. He had covered the Faculty with the lustre of his character for several years ; and if wrong, had been misled solely l)y a sense of duty. Nevertheless, on the 12th of January 1796, he was turned out of office. Had he and the Faculty alone been concerned in this intemperate proceeding, it w^ould not have occurred. But it w^as meant, and was taken, as a warning to all others to avoid the dangers of public meetings on the ^yrong side. The efforts made to prevent young men from yielding to their conviction in Erskine's favour is another striking mark of the times. Jeffrey, Cranstoun, and Thomas Thomson were ardent to vote for him, and never were easy in their minds for not ^ Life of Jeffrey, by Lord Cockburn, i, 94. 358 HENRY ERSKINE. Laving done so. But Thomson was obliged to yield to the wishes of George Fergusson, afterwards Lord Hermand ; Jeffrey to those of his father and Lord Glenlee ; and Cranstoun to those of the Duke of Buccleuch ; and none of them voted at all. The forbearance of these young men was in accordance with the gentleness and propriety of their whole future lives. But what a condition men's minds must have been in, when good men, who had selected them for patronage because they loved them, were not ashamed to exact such sacrifices." ^ We can readily credit Lord Buchan's remark upon the sub- ject : " I believe this expulsion from the Deanship was a great grief to my father ; though, according to his nature, he bore it with a sweetness and equanimity unchanged. My mother controlled Iter feelings less!' On one occasion only, as his son narrates, did Mr Erskine allow himself to make, what was most rare with him, a remark tinged with some ill-nature. He was but human. " At some public Whig dinner at this time the chairman proposed ' the health of the gentlemen of the Faculty who had done themselves the honour of voting for Mr Erskine's re-nomination to the deanship.' " Mr Erskine rose, and very quietly remarked, " Mr Presi- dent, would it not be sufficient to propose the health of the gentlemen of the Faculty ? " " Probably," adds Lord Buchan, " there w^as at this period a fear of involving others in the political vortex, for nearly all the correspondence that passed this year has been destroyed ; only one letter I find, one of congratulcUion from the Earl of Lauderdale to my father." Lord Lauderdale to Mr Ersldne. ' ' Leicester Square, Dccr. 6, '95. " My ueah Sir, — I received your public letter as well as your private communication to me on Saturday last. Tt was, ^ Memorials of his Time, by Henry Cockbuni, p. 93. LA UDERD ALE'S " CONGE A TULA TION. " 359 however, too late for me to write by that night's post, other- wise, I can assure you, I wouki not have missed taking tlie earliest possible opportunity of congratulating you upon the event. High as the honour was of being at the head of the Faculty, I am convinced that your conduct, and the manly spirit that pervades your address to the Faculty, will more than compensate for the loss you may sustain should the Faculty degrade themselves by adopting the sentiments con- tained in the letter transmitted by D. Hume, &c., to the mem- bers of the Faculty. *' The deLay in my answering your letter, gives me the satisfaction that I have an opportunity of communicating to you, not simply my own sentiments, but of assuring you that Fox, Grey, and others of our friends feel perfectly in uni- son with regard to the propriety and manly energy of your conduct. '' Independent of the opportunity it has given you of dis- tinguishing yourself, I must confess I deeply regret the cir- cumstance : it is a lamentable thing for a man who had the least feeling about the honour of his country to reflect tliat the body of men who may naturally be supposed to fill the first place in respect of liberality of sentiment and cultivation of mind, should choose to distinguish themselves by a subser- vient adulation that hardly the meanest corporation in this country would descend to, " Your brother Tom has outdone all his former parliamentary exertions this session : since I have been in Parliament, there never has been a man in the profession that conjoined so much admirable legal argument with such brilliancy of elo- quence as he has lately displayed upon several occasions. I can assure you that this opinion does not How either from the partiality of myself or my friends towards him, but the enemy themselves admit it. " We shall divide strong in the House of Lords. To satisfy your curiosity, I enclose you a list of those I think will cer- 36o HENRY ERSKINE. tainly vote if tliey attend, — and I hardly suspect the absence of any one of them. «p.^. — It is needless for me to say that if your election should, in your own opinion, rest in the smallest degree upon the votes of one or two people, that I will with pleasure go down for the purpose of voting." Lord Cullen, in a letter, dated 1st February, to Lord Buchan, refers to this business, styling it the ''Elevation of the late Dean of Faculty," and regrets that his lordship was not present ''* at the moment of so strange a scene as was then exhibited. No person of any age, sex, or station seemed indifferent to the progress of the Bills, or the situation of Mr Erskine." Further, he speaks of " the Erskines " as " lights in the traveller's path who attempts to tread the ways of honour and liberty." ..." How animated and exalted a view of human nature," he continues, " is the contemplation of superior talent employed for the benefit of mankind ! ^ and how unique it is for three brothers to attain that pre-eminence ! " Still for a very brief space the small-minded had things their own way. Balzac it is who, writing of popularity, recalls the fact that the Athenians, with whom he compares his own fellow-countrymen, became bored by constantly hearing of Aristides the Just. A certain class there was in Edinburgh who, during this transient eclipse of public favour, made the most of their time to aim petty blows at the once popular leader. One of the most curious productions of this time was entitled Tlie Telegraph,^ a piece of verse of some length ; for as the worthy Dr Doddridge records of an incident in the 1 Thomas Erskine's defence of Stone, cliarged with treason, was a chief topic at this time. 2 The Telegraph: a Consolatory Ejnstle from Thomas Muir, Esq., of Botany Bay, to the Hon. Henry Erskine, late Dean of Faculty (Edin., 1796), p. 10. SATIRES. ^6 J history of this family of a very different nature, niii.s evcmt was tlie cause of a (jveat deal of iioctryr " 'Tis sweet your foe to aggravate With epigrams imi^ertinent." The sclienie of The Telegraph is tlie supposed transmission of a poetical message from Thomas Muir of Huntersliill, who was at this time believed to be undergoing at tlie Antipodes the sentence of fourteen years' banishment pronounced upon him in Edinburgh in 1793 for a political crime, though at or about the time in question tlie ill-used man, as many thought him, was making his escape from imprisonment. The piece is as ill-natured as could be wished, but not without a few clever hits. It goes upon the plan of an invitation to the late Dean to join the exiled writer in his banishment, and abounds with that species of personality which is intentionally offensive, and now almost a lost art but for the preservation of traces of it in certain French political satires. This is a favourable specimen of the piece : " The vote is passed, and black balls fill the urn ; The silken gown is from thy shoulders torn And all thy titles— all thy honours pass To deck the person of abhorred Dundas. Come to the sacred shore, and with thee brin All who have virtue to detest a kin^^ • Bring here M** L**d, the hero of the North, And R**th,i renowned for gentleness and worth. Who flies from Britain, winged with patriot fears, To seek for ' peace and freedom at Algiers. ' M** L**d, the judge of style,- shall herd our swine ; R**th shall be butler, for he drinks no vinr .• I The conduct of Robert Ferguson of Raith in this matter has been much misrepresented. Though he was closely associated with l\v Erskine in the events which led to his deposition, he gave no vote in his favour. The truth is, as hinted in these lines, that Ferguson was abroad at the time. - "See his [Gen. IMaclcod's] speech in the House of Commons for Ins very 362 HENRY ERSKINE. And L^'*d**(l**e, with forward, flippant air, A pert/ri"~ciw, shall trim the ladies' hair ; Whilst you, my Henry, blest with every grace, With Avinning manners and a smiling face, And skilled in all the elegance of France, Shall teach the naked savages to dance." Thus througli some five- and- twenty verses does the "geek- ing and galling at this good gentleman " run on. A reply^ to this followed, strained and by no means so forcible as the first, lacking, as it does, the advantage of spontaneous utterance, — everythino- in such a case. It is, moreover, written in Scotch, which must be idiomatic to be effective. In this instance the dialect is not of the best. Again, ]\Ir Erskine's friend, Burns, must needs improve the occasion, which he did in a copy of verses of considerable power. He was by no means loath to have an opportunity for a cut at Mr Dundas of Arniston, the Lord Advocate, and newly appointed Dean, as lie imagined he had met with scant courtesy from that gentleman when a poem was forwarded to liim on the occasion of his father's death. Two of the best verses are — " S(iuire Hal, besides, had in this case Pretensions rather brassy, For talents to deserve a place Are qualifications saucy ; So their worships of the Faculty, Quite sick of merit's rudeness, Choose one who should owe it all, d'ye see, To their gratis gi-ace and goodness. In your heretic sins may ye live and die, Ye heretic ' Eight-and-Thirty ! ' judicious remarks on the style of the letters which were lately written bj^ the o))ponents of the Dean." — Note to Telegra])h. ^ The Telegrcqoh Inverted ; or, Lauderdale's Peep at the Author and Adherents of the Telegrai^h: Edin., 1796. Both of tliese pieces were reprinted at Edin- burdi in 1825. REACTION, 363 But accept yc sublime majority, My congratulations hearty. With your honours and a certain King In your servants this is striking — The more incapacity they bring, The more they're to your liking." The " cooling days," the interval which Bishop Wilberforce thought so efficacious in such cases, was in this instance of the shortest duration. Mr Erskine had not long to wait for the time when the majority, who had been successful in their efforts to deprive him of the Deanship, were little proud of the distinction their exertions had brought upon them, — a time when, on the other hand, the few, the happy few, " the thirty-eight," ^ were fain to stand on tiptoe when the day was named on which the envied band had borne themselves like men in presence of ignoble panic. Only one of Mr Erskine's personal and political associates deserted his principles, and his friend, on this momentous occasion : a man of great worth and learning, who after- wards rose to high eminence in his profession, but (so it was averred) whose respectable future life never removed this sad stain from the memory of either friend or foe. AVlien his name was called, and he gave his vote, the clock happened to strike tlire^ ; on which John Clerk said, with great intensity, " When the cock crew thrice Peter denied his Master." ^ Lord Cockburn relates another little incident connected with this affair, which is interesting. He says that at the public meeting, for attending which Henry Erskine was turned out of the Deanship, the place in which it was held was very insufficiently lighted: their inexperience at that time, of such assemblies, had made them neglect to take proper means for illumination, so that Erskine was obliged to begin his speech in the dark. " A lad, however, struggled through the crowd with a dirty tallow candle in his hand, whicli he 1 See Appendix No. VI. - Lord Cockburn 's Memorials, pp. 92-94. 364 HENRY ERSKINE. held up during the rest of the address before the orator's face. Many shouts honoured the unknown torch -bearer. This lad was James Moncreiff/ then about sixteen," who, before very many years had elapsed, became himself Dean of Faculty. It is evident that he looked with some pride on the humble part he took on the memorable occasion in ques- tion, for, twenty-four years after, he brought it to remembrance when presiding at a public meeting held at the same place.^ Closely following on Mr Erskine's dismissal from the Deanship, or it may be, as his family supposed, in some degree in consequence of it, a j^etition was presented by the Eev. Mr B , minister of Crailing, on the 9th Feb. 1796, to the President of the Court of Session, praying that Mr Erskine might be directed to refund the sum of four guineas, given to him as a fee, on the ground that he had given no deliverance on the question in respect of which the fee was intended. The Lords remitted the petition to a committee of advo- cates for inquiry. This course was, it would appear, irregular ; and on the 1 7th a " representation " of the Dean and Faculty on this action of their Lordships was sent to them, in which it was pointed out that the judges had inadvertently en- croached upon the privileges of the Faculty. After a week's consideration, their Lordships owned their error, and remitted the matter to the Dean and Faculty. Mr Erskine gives in a long answer to the petition, and thouofh Mr B considers it " vac^ue and voluminous," the Faculty are (20th June) of opinion that Mr Erskine's conduct has been " unexceptionable," that Mr Brown's petition is " ill founded," and that he has no right to get back the fee ; and, 1 Afterwards a Lord of Session. Son of Sir Hany, and father of the present Baron Moncreiff, and the Rev. Sir Ilenrj'- Moncreiff. ^ This seems to refer to "the Circus, head of Leith Walk," where a petition lay for signature on the 30th Kov. . as was directed by the meeting of the 28th. — See Appendix No. V. GOOD FEELING. 365 moreover, suggest the propriety of steps being taken in the way of vindicating Mr Erskine's conduct.^ Though these legal gentlemen could themselves ill-treat the most distinguished member of their body, they would not suffer an outsider to do so. Conscious of the purest intentions himself, Mr Erskine was ready to concede as much to those who had, he believed, con- scientiously opposed his public action in the matter of the Deanship. There were instances of this good feeling on both sides, which afford strong proof that there entered into the con- test as little of personal motive as is compatible with human nature in such a case. One of Mr Erskine's most intimate friends was Allan Maconochie of Meadowbank : this fact did not prevent him from taking a prominent part amongst " the eight " who were the prime movers in getting up the demon- stration against the Dean. Yet after all was over, and much of the bitterness had passed away, we read of pleasant inter- course between Mr Erskine and his friend and neighbour, •as before their disagreement. How, for instance, when Maconochie, somewhat vain of his good looks, was sitting for his portrait to Eaeburn, who had chosen to paint him witli a cap on his head, abundance of good-natured joking passed as to how much of the face might be covered by the cap, with advantage to the painting, and the artist's credit. Another instance of this kindly feeling is seen in tlie dis- interested conduct of Charles Hope, another of " the eiglit," to be noticed shortly. It is so well understood in Scotland, that to be the chosen liead of the great body of Advocates, a man must, of necessity, be of mark above tlie ordinary standard of his fellows, that the title has come to be proverbial. You sometimes hear the phrase : " He will never be Dean of Faculty ! " as wlio should say, " He will never set the Tliames on lire." So a lawyer who has attained the position of Dean, has l)y consequence ^ Minutos of tlio Faculty, 366 HENRY ERSKINE. acquired a reputation for something approacliing to omniscient wisdom. His opinion upon all manner of subjects is apt to be sought, the more so if it is to be had in a friendly manner, and gratuitously. In such cases Mr Erskine invariably had a wise and a pleasant answer ready. About the time when he vacated the office of Dean, there were, from the scarcity of silver, a considerable number of Spanish dollars in circulation in this country as part of the ordinary currency — large handsome coins, bearing the effigy of " Carolus IIII. Hispan : et Ind : Rex." But before issuing these as legal tender for five shillings, the head of George III., a little larger than that seen on silver plate, had been impressed upon the neck of the Spanish king. Though in- tended to pass for five-shilling pieces, the value was really somewhat under 4s. 6d. A workman in Mr Erskine's neighbourhood had got one of these coins as part of the change for a pound-note ; but being dissatisfied with it as representing five shillings, he had re- course to the Dean of Faculty for advice, and a hint as to how the balance was to be recovered. Mr Erskine heard the story, patiently examined the objec- tionable coin, and sympathised with his neighbour as regarded the hardship of the case, supposing his averments to be well founded ; but at the same time gave it as the result of his long experience of such matters, that, though his friend might ultimately succeed in establishing his claim, it would certainly be at an expense of money and annoyance out of all propor- tion to the amount of whicli he considered himself to have been defrauded. " But," added the learned gentleman in conclusion, looking at the portraits on the coin, " one thing I will say, I never could have believed that two such respectable persons as these would have laid their heads together to do a poor man out of sixpence." ^ 1 " In 1795 silver was so scarce that the Bank of England, on 6th March, began CONFIDENCE-INSPIRING MODERATION 367 There is good reason to believe, tliat throiigliout tlie years of suspense and anxiety which succeeded the Frencli Revolution, when the wisest could not venture to predict what was to be the future of our own country, men of all parties in Scotland were fain to look to Mr Erskine with confidence more or less strong, in the calm moderation and sound com- mon-sense he had displayed when things were at their worst. What has been said of his friend and correspondent, Sir James Mackintosh, may with equal justice be said of him, " lie never was a Jacobin," — nor would he listen to his brother's ardent persuasions to take a more forward position, — and '' he never was an anti-Jacobin." As time wore on it would appear that an idea grew up in the minds of many, that, had the inopportune efforts for Reform been carried into effect — say in 1793 — which Fox, Thomas Erskine, Grey, Sheridan, and others had contemplated, in a little time these men and their views, reasonable though these would have been at a less critical juncture, would have been swept away by a clique less scrupulous, composed of the Cartwrights, Hardies, Thelwalls, Tookes, &c., of that age ; beneath whom there was u lower stratum still of politicians. Watts, Downies, Despards, &c., all burning to reform the Government, — and possibly the Constitution. In view of such a possible future, the even-tempered and steadfast principles of Henry Erskine could not fail to command respect. It is well to bear in mind, what is apt to be forgotten, that, clear as the history of the past is to us, it was far otherwise to the actors in it : there was at the period in question a dark to issue Spanish dollars, having a small head of the king stamped on them, to pass current for five shillings, but which were recalled in September. "—MS. on English Coinage, by Gilbert Hamilton, Esq., of Glasgow : 1803. It was probably on account of the deficiency of silver in the coins that they were soon withdrawn. The scarcity of specie was the result, in gi-eat measure, of the fear of invasion "operating too powerfully on the ignorant and de- sponding part of the community " {Scots Magazine), leading them to hoard their money, and so deprive the banks of the usual supply. 368 HENRY ERSKINE. and heavy cloud hanging over this country, which the most clear-sighted could not pretend to penetrate. Lord Macaulay has written in regard to the intense uncer- tainty of those times : " A man who held exactly the same opinion about the Eevolution in 1789, in 1794, in 1804, and in 1814, would have been either a divinely inspired prophet or an obstinate fool." ^ The wisest man was he in whom changes of opinion were least pronounced. What was the extent of change in Mr Erskine's views as events developed themselves, we have small means of judging. It is chiefly in this regard that the want of his letters is felt ; but it is believed that there is enough in the facts which have been adduced to establish what has been asserted of him, that it was with good reason he was trusted as a leader, for his inflexible adherence to principle, as well as for his systematic avoidance of extremes. ^ Essay on Sir James Mackintosh'' s History of the Revolution. AT COLTNESS. 369 CHAPTER Xlll. AUXT BETTY AT COLTNESS — ADMIRAL SIR rillLIP DUIIHAM— ELIZABETH STEUARt's THEOLOGY HER POETRY " ON THE GOVERNMENT OF FRxVNCE " " THE BOAST OF HARD DRINKERS " HER " LEGACY BOOK " " THE LAIRD OF COOl/s GHOST " AUNT BETTy's " NAR- RATIVE OF FOUR CONFERENCES " HER DEATH. DurJNG the last few years of the century the household at Coltness consisted of General Sir James Steuart Denham and his wife Alicia, daughter of William Blacker of Carrick, in the county of Armagh ; his aunt Mrs Elizabeth Steuart (the Aunt Betty who has been so often mentioned in this narrative), sister of Agnes, Lady Buchan ; and very frequently of Elizabeth, Henry Erskine's eldest daughter, the warmly attached friend of Lady Steuart Denham, as she had been of Lady Erances Steuart. If we return again to this fine old lady, Mrs Elizabeth Steuart, it is perhaps that one is in some measure led thereto by the fascination which this remarkable character seems to have exercised over all who came in contact with her. Lord Cockburn's description of the. class of old Scotch ladies who were beginning to disappear in his day is excel- lent : "A delightful set — strong -headed, warm-hearted, and high-spirited, — merry even in solitude, ^^ery resolute, incUf- ferent about the modes and habits of the modern world, and adhering to their own w\ay, so as to stand out like primitive rocks above ordinary society. Their prominent (pialities c)f sense, humour, affection, and spirit, embodied in curious out- 2 A 370 HENRY ERSKINE. sides ; for tliey all dressed, and spoke, and did exactly as they chose. Their language, like their habits, entirely Scotch, but without any other vulgarity than what perfect naturalness is sometimes mistaken for." ^ Tliis is applicable, in every item, to Aunt Betty. It may safely be asserted that there never was an old lady more beloved than she, by a wide circle of nephews and nieces, and many others who were fain to take a place in that circle of devoted admirers. Tliere was much that tended to foster this feeling. The memory of her self- devotion in sharing her brother's prison in France, and the rigorous treatment which they then endured, combined with the warm and active interest showm by her, notwithstanding much ill health, in all that concerned her relatives and friends in whatever part of the world they might be, were no doubt among the causes of this universal feeling. Among the papers already mentioned as ha\ing been recently brought to light, are many letters addressed to " Mrs Elizabeth Steuart." It is curious to see how nearly all of her correspondents, in their manner of addressing her, tax their ingenuity in curious and extravagant combinations, to express their unbounded love. It will readily be believed that Aunt Betty was a power within, and beyond, the limits of her own family. The corre- spondence with Lady Anne Erskine already mentioned shows with what deference slie and her opinion were treated by that good Lady. Much of this deference seems to have been com- monly felt by those with whom she had communion. There appears to have been more of love mixed with this feehng than is often the case in Scotch households where the dic- tator's office is accorded to some old lady in regard of greater dignity, and opinions more uncompromising than those of the rest of the community. Sir William Dunkin, then an official high in the Govern- ment service in Bengal, and a relative of Lady Steuart Den- * Memorials of Ms Time, p. 57. BEAUTY OF OLD AGE. 371 liaiii, was aiuon<4'.st those wliu appcartid anxious U) show respect and love for Aunt Betty in a very practical manner. Under date, " Calcutta, '30th January 1703," he writes : " Sir William Dunkin presents his xox^ respectful and affectionate compl*^''' to Mrs Elizabetli Steuart, and requests slie will accept a shawd he sends enclosed in a small parcel, directed for Lady Steuart from her niece Kachel Elliot. Sir William sincerely hopes that the shawl may serve to keep the dear Aunt Betty warm ii:lhcn the uMrmtli of her piety unll not suffer Iter to stay from the hirk in a eold dayT Enough and to spare has 1)een said and sung of the power of Beauty to incite to noble deeds. Another power no less strong, it is believed, has been felt in many a Scottish house- hold. Thus, more frequently, perhaps, than may lie supposed, it has happened that after a brilliant passage of arms, when weapons are put up, and bayonets unfixed with a click of satis- faction, as with a duty well performed, one of the first peace- ful thoughts in a soldier's mind has l:)een — rather than that a paragraph has been added to English history — "What will old Mrs say ? " : and the dictum of the family oracle, " We heard ye did well," has proved as gratifying as scarf, or flow^er, from the hands of Beauty. For, after all, this is Fame, and such a measure of it as lias satisfied many a young and ardent warrior. Something of this feeling, very likely, actuated a gallant young sailor — Captain Philip Durham — towards tlie end of the last century. He — a veritalde " Shepherd of the Seas" — had swept the English Channel clear of French privateers, to the great advantage of our commerce, and proportionate sat- isfaction of the London merchants. In token of this, they presented Captain Durham witli a liandsome service of plate, and very complimentary letter of thanks for liis services. This very letter, sent to Aunt Betty, is still to be found among her papers, accompanied by tlie following from tlie young sailors : — 372 HENRY ERSKINE. " My dear Aunt, — When I had tlic pleasure of seeing you at Coltness, you was so good as to express a wish to see the letters sent me by the conniiittee of merchants in London. I have the satisfaction to enclose our correspondence. I am in hopes of sailing in a few days on a cruise, and hope to be more fortunate than in the last — in taking prizes — although I must own we were particularly lucky in escapmg from the French frigates. They are making every preparation on the coast of France for landing in this country, but have no idea they will be so mad as to attempt it. I am well convinced that if they do, not one will ever return. I hope you con- tinue your good health and spirits. I am very happy to find my beloved mother is so much better, and has been so little affected by the winter. I beg my kind comp*^- to Lady Steuart, and am, with most sincere affection, yours, "P. C. Durham.^ " 5"^^ at Spithead, Feb. lltli." Yet all this adulation from old and young seems to have had little effect upon the anxious care for the welfare of all around her, the outcome of a large-liearted Christian charity and deeply devotional feeling, which formed the foundation of ^ Philip Charles Durham was the son of James Durham of Largo, and of Anne, Mrs Calderwood's daughter, to Avhom the letters from the Continent were addressed. Conseq^uently he was a grand-nephew of Agnes, Lady Buchan, and a cousin of Hemy Erskine's. He was one of the few Avho survived the sinking of tlie "Royal George." His was a remarkable career of victory : from the 13th February 1793, when in command of the "Spitfire" he took the first tricolor flag that was struck to the British ensign, two days after hostilities had been declared ; until, by a singular coincidence, the last French colours, at the close of the long war, were hauled down at Guadaloupe, at his summons, on the lOtli August 1815. He fought at Trafalgar, and was the friend of Nelson and of Collingwood. Services of plate, swords of honour, "a diamond star of the Bath from St Thomas's," were among the rewards of this good sailor, who became Sir Philip Durham, K.C.B. He married first, in 1799, the Lady Charlotte Bruce, daughter of the fifth Earl of Elgin ; secondly, Anne, daughter and heiress of Sir John Henderson of Fordel, and died in 1845, at the age of eighty-two. AJV OLD LADY OF QUALJ7'). 373 a very remarkable character. There were peculiarities altout Aunt Jietty whicli render her perhaps one of the most strilving of all tlie qutiint old ladies so rife in Scotland in the old time. Indeed her character, as shown in the papers above mentioned, is a lit sul)ject for a very interesting study. It will be understood that the materials for such a study are ample, when it is explained that apparently during the greater part of her life it had been her custom to note d(jwn at once, and witli minuteness of detidl, lier passing thoughts, especially those on religious subjects. The result of such a habit, indulged in by a person of fertile imagination, much given to introspection, and whose education had given her few artificial lights for guidance through the tangled paths of the very diverse reflection into whicli her tastes led her, can hardly be clearly figured. Yet a mass of such thoughts and fancies have been recorded in two bulky volumes, into which she was in the habit of transferring her ideas as they rose, — for tltc most ])art in %'crse. The very limited amount of culture thought sufticient for well-born ladies in Elizabeth Steuart's time, left much to in- dividual temperament. This would be specially noticeable in a case like this of a strong and active mind. In some sort, it is submitted, this fact may account for the exceeding eccen- tricity common among persons of Aunt Betty's class. It would hardly perhaps be too much to say, that from the cir- cumstances indicated it was amongst the largest minds that eccentricity was most developed. Her case was a striking instance of this. Naturally she had been endowed with gifts which only needed light and guidance to have formed a great character. Her capacity for inductive reasoning came by the light of nature. But excessive ratiocination without metliod, combined with the love of types and analogies, one of tlie peculiarities of the religious school to wliicli slie lielonged, wellnigh absorbed her active mind. Had Aunt Ijctty li\ed in a more recent age, and belonged to a dillerent denonuna- 374 HEMiY ERSKINE. tion, she no doubt would liave been led by her peculiar idio- syncrasy in this respect to take interest in some of the many forms of symbolism now in vogue ; such, for example, as would clothe and adorn Faith, Hope, and Charity in the colours appropriate to such graces. She saw analogies in everythinf>-, and deliuhted in workincj them out to the extreme end. Much of the preaching in the Scotch Church at that period was formed upon this habit of thought, — one very easily carried to excess, especially as it was a peculiarity frequently displayed in Presbyterian eloquence, that every type which the preacher's ingenuity could detect was held to be intended by the Almighty. At all events it was so in Aunt Betty's case ; these types and symbols she could see in every fact of nature that came under her observation, her reflections on such occasions taking the widest conceivable flights, in which the divine Cosmogony, the Origin of evil, and other matters of a like appalling nature, were treated by her in the freest and most confident manner. Speculation is frequently supported by assertion in such- meditations. Wliile one wonders at the extent of informa- tion displayed by this notable old woman, and her ingenuity in applying it to the elucidation of the deep purposes of the Most High, one cannot help wishing that it had been possible for her to have had the benefit of a few half-hours with the best of authors on Geology, the Science of Language, or Biblical Criticism. But on this last point it is quite possible that she would have despised any such assistance had it been offered. Her contempt for anything savouring of man's authority, in matters of religion, was one of her strongest feelings. An instance of her strength of opinion in a matter of doctrine occurs in one of the letters in the collection already mentioned. The letter is from a young minister,^ who afterwards became a ^ Tlie Rev. Grcville Ewing, a very distiiiguislied luiiiistor of tlic Congi-egatioiial Church, was about the period in question tutor to the son of James Lockhart, Esq., of Canihusnethan. He afterwards became minister of Lady Glenorcliy's, INDEPENDENT TIIOUGJIT. 375 great lii^lit in the Cliurcli, and who liad evidently had some previous correspondence witli Aunt ])etty on difficult topics. He now writes to inform her that he is about to preach his tirst sermon, and to desire her prayers on the occasion. At the same time, he replies on certain points of discussion that had arisen in the course of their correspondence. This is to be gathered from the fact of the young probationer most care- fully detailing to his friend what lie understands to be the doctrine of the Church on the subject of the introduction of evil into the universe, and the personality of the Tempter. The Church's belief is stated very distinctly, but the view does not satisfy Aunt Betty, who has noted on the back of the letter, " My answer to this letter w\as, that 1 w^as totaly ignorent that there was such doctrines in the Church, for my religion w^as not taught of men (Gall, i.), therefore I was not going to de- tail that doctrine, and begs pardon for touching upon it. But since this letter my private writtings has been to reprobate this absurdity." The young minister, in his letter, also lets fall a remark suggestive of other points of discussion with his vener- aljle correspondent : " I should esteem it a favour to hear your sentiments more fully respecting those sinrits which you say are common at this day. I am by no means disposed to call everything nervous, &c. ; at the same time, I confess I can say nothing upon the subject from experience. When I find others more highly favoured than myself, I desire to rejoice in Paul's doctrine, ' There are diversities of gifts.' " Here is an example of her reflections. From her seat in the "loft" of Cam'nethan church. Aunt Betty would observe in Edinburgh, in connection with the Established Cliurch. He was remavkaldo for his extreme zeal in the cause of foreign missions, and wouhl himself have gone to India with this view but for the obstacles raised b}' the East India Com- pany. His writings on this, and other matters taken up by the Evangelical party, was so persistent, that he was prosecuted before the Churcli Courts for pursuing a course incompatible with the established notions of propriety and order, so that he left the Church in 1798. He was thrice married : his third wife was a daughter of Sir John Maxwell of Pollock. 376 HENRY ERSKINE. the " swirl of hair " upon the heads of many of the males of the congregation. This would suggest " the turns " of the underlying brain, — in fact, the " convolutions " now thought to mean so much, — and the accompanying diversity of thought in each case. In all this she would find a sermon more effec- tive than that delivered from the pulpit, although with tlie drawling intonation, technically called the " drant," peculiar to the discourses of that period, and without which none were accounted genuine. Aunt Betty was without doubt one of those persons still to be met with in Scotland, who believe that nothing of God's purpose is intended to be hid from the believer ; and it is in consequence of his want of faith if it is not understood from the reading of the Scri^^tures. Such being the character of Elizabeth Steuart's reflections, and such the form of religious belief to which this good woman had devoted herself, it will hardly be necessary to state that there is much in her writings, both in prose and verse, that is in the highest degree rhapsodical. A strong mental effort — not always successful — is needed to follow the worthy woman throughout her curious involutions of reasoning. A lengthened perusal of this estimable old lady's writings is not an unmixed pleasure. The handwriting and spelling are as much her own as her ideas, and peculiarly trying ; though occasionally she has employed the pens of Elizabeth Erskine, of her " black Secretary," and of the Schoolmaster of Cam'nethan, in transcription. By degrees the brows contract, a tightness is felt across the forehead, and finally the volume is closed, in the hope that at some future period the reader's brain may be more clear for the reception of the complex propositions, and no less complicated system of proofs in which she indulges. Mrs Elizabeth Steuart's custom was to note down, at once, her thoughts as they rose, upon whatever white surface she found handv. There is before me a large mass of these, — MYSTICAL VERSE. 377 soino written on slips of paper like mottoes of crackers: on the back of the ten of diamonds (not the nine) are some deep tlioiights inscribed, and as, by some chance, the card had Ijeen split, the inner surfaces are also covered with a continuation of the subject. Sir James Steuart, her nephew, was for a long period inspecting officer of cavalry in Scotland. In this capa- city, what are called " weekly states " were sent to him at Coltness from the different regiments. These consist of a sheet of foolscap ]3aper, but scantily covered with columns, showing the numbers of officers, men, horses, &c., at the date of the re- port. These papers, having served their turn, formed a perfect mine of stationery for Aunt Betty. On the backs of some of these are recorded many of her reflections on such subjects as have been mentioned. The table of contents in one of her volumes is written upon the back of a weekly state of the Marquis of Lothian's East Lothian Fencible Cavalry, dated early in 1794. A few of the titles to chapters will be sufficient to show the nature of the reflections of this Scottish worthy. They are, as has been said, usually in verse of a description peculiar to herself : " On the Tower of Babel and the Origin of Language ; " " Pentecost ; " " On the Stage ; " " The Four Elements ; " " The Blessing and the Curse of the Children of the Four Elements ; " " The Lord's Prayer put into the Mouth of an Orange-seed cast into the Ground, when he sees his Parent-tree crowned with Fruit, the admired of all Beholders ; " " Lines on the Cuckoo," — figurative and mystical ; " Angels of Apocalypse ; " " The Air's Address to God when Man Fell;" "Address of the Sea to the Lord of the Sun ; " " Address of the Seven Angels to Creation ; " " Gates of the New Jerusalem," — to every gate a poem ; " The Boast of Hard Drinkers ; " " Will you put on a little Tdd I " — lines addressed to some of her young friends who would use a soiip^on of rouge; — and so forth. The style of Aunt Betty's versification is peculiar, and was probably founded upon that of tlie eminent writers of the same 378 HENRY ERSKINE. school in her day. Many of her pieces are very similar in tone and treatment to works held in high estimation in the last century, — namely, the liev. Ealph Erskine's Believer's Riddle and Gospel Sonnets, — some of which, by the way, run to near a hundred lines. These, and Brown On the Types, were probably her models. Sometimes she seems to follow the manner of certain of the old Covenanting worthies — Mr Alexander Shields, for instance — in the turn of her thoughts. Her two years' residence in France seems to have given her a deeply rooted antipathy against the people of that country, which she had no scruples about expressing in the plainest of language. Thus she describes the " Old Government of France" — that is, before 1793 : — " No goverument in France shall we behold So glorious as what was seen of old, When ever}^ sin, iniquity, and vice Was organised into a ragout nice. The world at large her cookery admire, Which hid so well hell's dark and keenest lire, The French did well the true ingredients know. And on them feared lest any wind should blow. In idleness she made lier subjects sleep, And strong were they that did their vigils keep : To eat, to drink, to , to sing and dance, Were all the fashions that were seen in France. If you another government propose, A people perfect ncAv you must compose." In " The Boast of Hard Drinkers " Aunt Betty deals forcibly and quaintly with a sul)ject in that age affecting clergy and laity alike. Slie writes a long poem, taking very much the same view of the matter that Will Langland did four hundred years before — " It is not al goode to the ghost that the gut askcth." This is a specimen of her treatment of the theme, and of her manner of dealing with such subjects : — LADY FRANCES STEUART. 379 " Wliy boast how much ye diiiik and yet Your senses still remain ! It plain]}' proves thy heart and h«'ad , No union do retain ; And that between thy heart and heaerty so excited tlie approval of a gentleman in Derbyshire, that he bequeathed to the object of his admiration an estate of the value of about thirty thousand pounds. The unfortunate cUnoiicmcnt of this story, the defeat of the object of the will through the ignorance of a country attorney, has been variously related. The attorney had, according to Lord Campbell, recommended that the testator should "suffer a recovery" to confirm the will, whereby it was rendered invalid. The biographer of the Chancellor speaks of the amusing account Lord Erskine used to give of his interview with the attorney, and how the man, to show his zeal and activity, concluded, " And your lordship need have no doubt as to the validity of the will, for after it was made we suffered a i^ecovery to confirm it." ^ It would appear from an AiUohiographical Memoir of Hardy, that Mr Kant, the gentleman who meant to behave so gen- erously by Lord Erskine, had mentioned Hardy himself very handsomely in the will, to which a codicil had been added. Mr Erskine, after reading the letter, and thanking the attorney for his attention, asked if he had taken the necessary legal steps to make the codicil valid ? " No," was the reply. " Then," said Mr Erskine, " by , you have lost me the estate." Hardy was sent for a few days afterwards, and told by Mr Erskine what had happened "through the ignorance or villany of a country attorney." Yet another version of this tale, said to be current in Lin- coln's Inn is, that the cause of the invalidity of the will was the attorney's having made ]\Ir Kant levy a fine after the exe- cution of the will. The writer in Notes and Queries, July 8, 1871, who gives this variation of the story, adds: "The future Chancellor, though not much of a real property lawyer, did know the effect of levying a fine upon a will — namely, 1 Lives of tlie CJuincellors, ix. QQ, 67. 404 IIENR V ERSKINE. that it revoked it ; and, as is easy to be believed, all but kicked the attorney down-stairs."^ In October 1799, Mr Erskine was engaged in a case of some celebrity — that of the " Bathgate rioters : " he was em- ployed to defend one of them, Alexander by name. The charge was that they had assembled in force, armed with clubs, bludgeons, &c., in order to oppose the operation of the Militia Act ; that they had compelled the Honble. William Baillie, one of the senators of the College of Justice,^ to sign a paper " discharging " the provisions of the Act ; that a deputation from the rioters had actually seized the judge, and Mr Marjori banks of Marjoribanks, a magistrate, and taken them to the Bathgate Muir, where they were compelled to sign a document to the effect as above written, upon a paper bearing a stamp of the value of nineteen shillings sterling. Mr Erskine succeeded in obtaining for his client, and the rest, a verdict of " not proven." The proceedings of the trial before Lord Eskgrove are not to be found ; but it was shown that the prisoners' object was to get the names of some of their friends off the " militia list : " so much appears from the newspapers of the time. From Mr Erskine's version of the story, it seems that some such paper as that described was indeed signed by Baillie, under the impression that these people would be pacified by acquiescence — a course which only had the effect of encouraging the rioters to think they had both justice, and a judge, upon their side. At the signing of 1 With regard to tlie discrepancies in tliese versions, I am authoritatively advised that in English law "fines" and "recoveries" were two diflferent pro- cesses, whereby an entail, whether created by will or otherwise, could be cut off. They did not operate to make a will invalid. Probably, it is believed, what was meant was that Lord Erskine, under Mr Kant's will, received an inter- est in remainder after an estate tail. This remainder could, by means of a " recovery," be prevented from taking effect. 2 William Baillie had been raised to the Bench in 1792, with the designation of Lord Polkemmet. ''MR ASKINEr 405 tlie document, Lord rolkeiiiinet, it is allecre,], not a little proud of what lie was about to do, addressed liis son, as he took up his pen, in these impressive words : " Noo, Wullie, ye sail see what I'm gaun to dae ; and maybe ye'll leeve to scart an auld pow, and no see the likes o' this again." Probably, in the case of this eccentric judge, caution in some measure took the place of lucidity of inteUect, and obviated the results of any want of the latter quality. A case in point is recorded where Henry Erskine, his friend David Cathcart (afterwards Lord Alloway), and Mr Clerk (afterwards Lord Eldin), had been pleading before Lord Polkemmet. Thus the Judge addressed the advocates: "Weel, Maister Askine/ I hae heard you, an' I thocht ye were richt ; syne I heard you, Dauvid, an' I thocht yc were ncht ; and noo I hae heard Maister Clerk, an' I think he's the richtest amang ye. That bauthers me, ye see ! Sae I maun e'en tak hame the process, and whamble't i' my wame a wee, ower my toddy— and syne ye'se hae an InUrlodtorr 1 This was a common Scotch pronunciation of the name, and is illustrated by one of the anecdotes told of the Dean of Faculty's repartee. During the progress of a case at the Parliament House, an advocate, not over bright, objecting to some question put by Mr Erskine, testily remarked, "Harry, I never meet you but I find you are always AsUn:^ - And I," replied the Dean, - never meet you but I find an Amer " {Lathi, goose). The spelling of this name in the old time was Tery variable. It is " Iresyn " in the Ragman Roll. - Areskine " was used by many of the family. With regard to the curious statement in the Lives of the Chancellors, that in Voltaire's Letters on the English Nation the name is given as Hareskins, an industrious reader of Notes and Queries (March 8, p "lOD writes to the effect that a careful perusal of the work has discovered no allusion to the Erskine family name. Another correspondent, however, points out (p. 233) that in t\x<, Histoire de Charles XIL (liv. viii.) is given an account of the intrigues of a Scottish physician, named AresUm, in Russia. Tlie jiassage runs: ''H (Goertz) fit d'abord sonder la cour de Moscow par le moyen d'un Ecossais, nomme Areskins, premier medicin du Czar. ..." George Bucli- anan, it appears, has an epigram, -Joanni Areskino, Comiti Marriiv, Scotorum Proregi," beginning— " Si quis Areskinum memorct per bella fer rocem. —Omnia Opera, Amstel., 1687, j). 108. 4o6 HENRY ERSKINE. During that memorable and anxious time, when it was con- sidered certain that Buonaparte would attempt a landing on the shores of England or Scotland; and when, as has been pleasantly related, " Monkbarns," " Mucklebackit," and " Mansie Wauch," with many other patriots, were ready at a moment's notice to receive him, the Erskines were no whit behind at the call of duty. Lord Buchan, with the young Duke of Athole, donned the kilt, and took command of a corps of Highland volunteers.^ Henry Erskine did what he could by his endea- vours to get the Highland Society to use systematically their influence for the common safety. Thomas Erskine was expected to come prominently forward at this time, by reason of his former military experiences and the fact of his having written upon military subjects ; ^ but his command of the Law Association, composed of the disbanded Lincoln's Inn and Temple Corps, was not a success. Indeed it was only now made apparent that he was not a born soldier, and had done wisely by acting upon the instinct which had led him to the Bar at an early stage of his career. He never, it appeared, had been fitted for the command of men. A little of that quality which was so strong in his sister Anne would have stood him in good stead now. • ' The mighty Julius pleading at the bar Was greater than when daring in the war. 'Tis of more renown To save a client than to storm a town," Lieut.-Colonel Erskine had difficulty, it is said, in bringing the six companies composing his battalion through the simplest 1 See Karjs Portraits. * Lord Erskine is known to have written Observations on the 2>rcvailing Abuses of the British Army, 1772 ; Armata, 1807. He is sometimes— bnt erroneously- credited with the authorship of another book, Advice to the Officers of the British Army ; with some hints to Drummer and Private Soldier^ 9th ed. : Lond., 1787. This is a clever imitation of Swift, and according to the Gentleman's Magazine^ Oct. 1801, p. 957, was written by " a Mr John Williamson." The book is curious and rare, and has been attributed also to Captain Grose ; a copy of it, under the name of Lord Erskine, appears in the catalogue of Mr JMaidment's sale. VOLUNTEERING. 407 manceiivres, without having tlie directions written down on a card prepared for him by the next in command, Major Ileid, a perfect master of drill. Every volunteer of the present day knows what a risky thing it is to attempt to execute a series of movements hy the card, unless they liave been carefully calculated for the ground where they are to be performed. The very zeal and intense military spirit which animated some of the Law corps— or DeviVs Own, as they were now first styled— were the means of increasing this danger. It was so on one occasion at least. There was in the corps a certain Miles Walker Hall, of tlie Chancery Bar, called by Lord Thurlow " the Hun," from his singular cast of countenance. He held the rank of lieutenant and quartermaster, and was a red-hot soldier. After dinner it was his wont to cut up the corks and manosuvre them as companies and platoons. Moreover, he held the doctrine that implicit obedience was the first duty of a soldier, which no circumstance could warrant him in calling in question. This doctrine had nearly proved fatal to him. One of those parades, by the card, was held in the Inner Temple Gardens. The battalion was marching towards the Thames, Hall being in advance. The front rank had got upon the gravel walk, and Hall had reached the parapet overlooking the river. Still he continued his march forward, and the next step would have precipitated him into the mud,— and proba- bly broken his neck. One of the corps, seeing his danger, ran forward and caught him by the tails of his coat. " Wliy am I stopped in my marcli ? " cried Hall ; " the word Halt has not been given." " Why, man, though it has not, you would not have marched into the Thames ? " "I certainly should," said Hall, " liad you not prevented me ; a soldier should not look into consequences, but obey his orders. I heard no order to halt, and I should have advanced till I lieard the word sjjiven." 4o8 HENR V ERSKINE. It was tins same zealous Quartermaster Hall, of the Temple corps, who, in his anxiety to keep the powder dry — for which he was responsible — determined to keep the whole of the ammunition of the regiment under his own eye, nay, under his own bed, at his lodgings at Tanfield Court ; thus exposing himself — amongst other dangers — to the risk of an indictment, which the combined legal acumen of the whole battalion mioht not have sufficed to enable him to shake off. Thomas Erskine's reputation as a commanding officer stood so low that another Lord Chancellor of the future — namely, John Campbell — would not join the corps of his patron, as he otherwise would have done, but preferred the B.I.C.A., or Bloomsbury and Inns of Court Association.^ Still, when the great re^^Lew of the volunteers by George III. came off in Hyde Park, Lieutenant- Colonel Erskine's corps bore themselves well; and the particularly gracious return by his Majesty to the commandant's salute was the cause of no small jealousy on the part of the other legal corps.^ To the last, Mr Erskine entertained a kindly feeling for his old friend, the Duchess of Gordon. His memory took him back to the time when Jane Maxwell, and her scarcely less handsome and hoyden sisters, were his companions and neigh- bours in Hyndford's Close, hard by Gray's Close, where a great part of his own boyhood had been spent. In her latter years the Duchess of Gordon fell upon evil times, when she was fain to look to Mr Erskine for the help she well knew he would be ready and willing to afford. There are one or two letters of her Grace about this time : the following to Lord Buchan and Henry Erskine are of interest : — 1 See Life of Lord Campbell. 2 *« I think the finest sight I ever beheld was the great review in Hyde Park, before George III. The King, in passing, addressed Tom Erskine, who was colonel, asking him the name of his corps. He answered, ' The Devil's Own.'" — Twiss's Life of Lord Eldon. DUCHESS OF GORDON'S LETTERS 409 Jane, Dutchess of Gordon, to Lord Buchan. " London, May 22, 1803. " You will think me ungrateful, my dear lord, for all your kind attentions to me, and still more unpardonable for not answering your letter. Your own mind will plead my excuse when you recollect the painful subject I must have entered upon— painful to both you and me ; but in the midst of my joy I remember your friendship for Georgiana, and am happy to tell you she is to be married to tlie Duke of Bedford. He is the most amiable of men. Pray assure Mr Walter Scott of our kind remembrance. What is become of our other poet ? ^ I have been so long in France that I know nothing of my friends, tho' I never do forget them. My best wishes to Lady Buchan. Your amiable brother— is there no hopes that law or politics may bring him to London ? I never can express half the gratitude I feel to our gay neighbours, the French, for their kindness to me. The war astonishes all Europe. I cannot find out why. I regret it, and still hope this nation will be wise ; and am, my d'- lord, your most faithful "J. GOEDOX." The next letter seems to have been written to Mr Erskine when Lord Advocate : — The Duchess of Gordon to Mr ErsUnc. No date. "My dear Lord, — It has been often suggested by tlie benevolent and wise that some mark of liis Majestie's bounty should be given to that part of the kingdom which gave ])irth to the brave 42^- and 92^- Eeg^^- Kingusie, my favourite child, is in the most centrical part of the Highlands. The Duke of ^ Peiliaps Jolm LcyJeii, tho j^rotajt of Scott. 41 o HENRY ERSKINE. Gordon has laid out 000 [sic] to build a town; and for years I have given premiums for all kinds of domestic industry — spinning, dyeing, &c. — and last year had some hundred speci- mens of beautiful colors from the herbs of the fields, and different woolen productions. But there is an evil I cannot remedy without a sum of money. The children are totaly neglected in body and mind : cold, hunger, and dirt carries off hundreds. The cow-pox would save many ; no doctors for 3 miles, makes many orphan families. They say they may be better in a foreign land ; they cannot be more wretched. You once drew tears from brighter eyes than mine, in a poem ^ you gave Lady Cornw^allis. These horrors still exist in the utmost extent, — lands raised, and no knowdedge of agriculture ; of course, worse than slaves ; no principle of action ; no care of their morals or health. If any convultion was to arise, either from foreign or domestic causes, liberty — a word so often used for the most cruel purposes — would soon raise a flame in their brave independent minds that would lead to most fatal consequences. They have no attachment to their country — except it being the spot where they were born, and where the * rude forefathers of the hamlet sleep.' I wish to add to the comforts of the aged, and take the children, — teach them to think right, raise food for themselves, and prepare them to succeed to their fathers' farms with knowledge of all the branches of farming. TVliy Lady Stafford, wath 80,000 a- year, should get money to build harbours where there is no ships, I cannot say. Much money has gone to Scotland for fishing-towns, harbours, &c. All might as well been thrown into the sea. A healthy, well-regulated people must be the proud richess of this country : by them we can alone be deffended. Forgive me. Do speak to Lord Grenville. I don't like to trouble him, though I know he would like to oblige the favorite friend of Lord Temple, and a person who has shared ^ The Emigrant. APPEAL TO MR ER SEINE. 411 many cheerful social hours with him and the immortal and ever to be regretted Pitt. — Adieu. God bless you. "J. Gordon. " I send one of my papers." The literary power shown in several of her letters is not unworthy of the reputation she had achieved of being the cleverest woman of her day. But for all the light-heartedness, which was her chief characteristic for so many years, her latter end was very sad. She who had shown so much kindness to others came to be in grievous need of some measure of it for herself. Eobbed of her political power, estranged from most of her family, not even on speaking terms with her husband, and leading a wandering, almost a homeless life, her case presents a marked instance of the ephemeral character of all human hopes.^ At this stage in her career, her only trust seems to have been in the ability of her old ally, Harry Erskine, to help her in the midst of the disputes which had unhappily arisen between herself and the Duke. This is very clearly shown by a number of letters, written during the year 1805, by the Duchess of Gordon, chiefly to Mr Earquharson of Haughton, her agent in Edinburgh, which w^ere printed a few years ago.^ In these, while complaining of her circumstances, "taxes," and " double prices of everything," the poor lady writes almost despairingly, " Talk to Mr Erskine ; " " Give this letter to Erskine, and you can talk it over together ; " " Mr Erskine must have them all [her papers] ; " — and so on. Mr Erskine's true-heartedness in his old friend's trouble is shown in the following short note, addressed to ]\Ir Earquhar- son, in reference to these matters : — ^ An Autobiographical Chapter in tlic Life of Jane, Ducluss of Gordon. Glas- gow, 1864. (Privately piintecl) by James Wyllie Guild, Esq. ' Ibid. 412 HENR Y ERSKINE. " Ammondell, 30 July 1805. " My deak Sir, — I have received Mr Adam's letter, as also one from the Duchess, saying she will be in Edinburgh by Tuesday {i.e., this day) or Wednesday at farthest. The moment I get notice of her Grace's arrival I shall go to town. In the meantime I wish that, till I have seen the Duchess, nothing shall be said to her on the business. "Henry Erskine." The compiler of the autobiographical chapter remarks that it is not known if the arrangement of the business referred to was carried into effect. It is to be feared it was not satisfactory. It was in regard to this misunderstanding, apparently, that the Duke of Gordon wrote a somewhat peremptory letter, dated 17th October 1806, to Mr Erskine, which, his son says, " grieved my father's kind heart greatly on his old friend's account." " I was in hopes," wrote the Duke, " after the trouble you took in arranging the Duchess's separate estab- lishment, that your award would have been considered liberal and satisfactory to her Grace and her friends, and it was my wish to have carried it into execution in the most accom- modating manner." The object of this letter, copies of which were sent to Mr Adam and Mr Farquharson at the same time, was to demand of Mr Erskine the decreet arhitral which had been drawn up by him. Upon receipt of it, the Duke in- tended to resort to stronger measures. It is easily intelligible, therefore, that Mr Erskine was vexed that his efforts for the good of her who had trust in him were likely to lead to nothing but further misery. The Duchess of Gordon was a firm believer in the infalli- bility of the Prime Minister, — ]\Ir Pett her Grace pronounced him, — and a steady adherent of the Qileen, and, by conse- HER GRACE AND THE PRINCE. 413 quence, had little liking for the motley troop ^ who usually hung on by the Prince of Wales. There was little sympathy, therefore, between her and his Eoyal Highness Of the Duchess of Gordon, the Earl of Buchan, Mr Erskine's son, wrote : " Sometimes she had a real wit ^ that made her conversation very agreeable, but she wanted refinement; and if all stories were true, she occasionally lacked something more She was accused of interfering in politics, but it is not probable that the turn of her mind led her much to that species of intrigue. However, she was mixed up with some of the Whigs sufficiently to sharpen against her the tongues of the other side. When she returned from a visit to Paris during the short peace, some reports unfavourable to her patriotism had preceded her ; it was declared she had said openly ' That she hoped to see General Buonaparte breakfast in Ireland, dine in England, and sup at Gordon Castle.' " A strange scene occurred between her and the Prince of Wales soon after. When she met him at Lady Mildmay's, she complained that she had been calumniated at Carlton House ; she wondered that H. E. H. should allow her to be spoken of in that way ; she had taken Mr Erskine's opinion, and was resolved to prosecute the man ; she hoped the Prince would tell her who it was. The Prince answered with his ^ It is recorded that on one occasion ' ' Jack Payne, the Prince's secretary, littered some ribaldry about the Queen in presence of the Duchess of Gordon. 'You little, insignificant, good-for-nothing, upstart, pert, chattering puppy,' said her Grace, * how dare you name your royal master's royal mother in that style 1 ' " — Lady Harcourt's Diary, quoted by ]\Ir Fitzgerald. 2 Several of the encounters between her Grace and Mr Erskine that have been remembered bear out this statement. Some of these, though very clever, are, it must be confessed, too much in the style of the last century — trop pcu de retenue — to be acceptable in our day. Not so the Duchess of Gordon's remark to David, Earl of Buchan, when he was speaking somewhat loo eloquently on the brilliant talents of his family, — it is well known. Her Grace inquired if it were not the case that the family talents had come by (he DKAhcr's side, and so were " all settled on the Tjounger sons." 414 HENRY ERSKINE. wonted tact and dignity, ' he never repeated anything said in private conversation, and recollected nothing of the kind.' The Duchess insisted, and named Lord C , and broke out with much vehemence, ' I know that fellow ! I know he can't bear me ! I made him leave a company in Paris by telling him what I thought of him.' 'Your Grace is quite capable of doing so,' said the Prince, and retired from the contest. This was in her style. But she must have made it up with the Prince, for she introduced me to him two years after at Lord Eosslyn's. "VYlien he saw me, he said to his companion standing near him, with an oath, as was the fashion then, ' By , IMaynard, if Harry Erskine has a son, that must be him !' And the Duchess brought me up to him, saying, ' Your Royal Highness is quite right, — this is young Harry.' The Prince addressed some gracious sentences to me, but there were too many eyes upon us for me to know what I answered. He was at that time remarkably hand- some, his whole air and manner full of royal grace and dignity ; a charming gaiety, too, about him — it must have been easy for him then to wdn hearts. He invited me to Carlton House, but I was too shy to go. Though I never saw him again, he sent me a very kind letter when my father died." ^ ^ Earl David laid at the feet of the Duchess a copy of verses, which are not a happy effort. Sir Brooke Boothby, the dilettante friend of Goethe and of Lord Buchan, not content with the expression of his own devotion, must needs parody the Earl's effusion in A Second Edition of Lord B 's Verses to the D of G . Perhaps the best lines in this lengthy piece are these — " Lord ! what a waggon-load of hearts ! Six oxen fed on turnips stout and strong, With force united straining every nerve, So huge a load could scarcely move along." A copy of the poem is among the Earl's papers, endorsed in his lordship's hand, ** Addressed to the Duchess of Gordon on her leaving Scotland in Octo. 1811. Copied for Lord Buchan by Lady Jane Montague, daughter of the Duke of Manchester." Constable gives these lines as Leyden's. LAST OF THE DUCHESS. 415 Jane, Duchess of Gordon, died on the 1 4tli April 1812; and one who knew her well has written of her thus : " So tlie great leader of fashion is gone at last — the Duchess of Gordon ! Her last party, poor woman, came to the Pultney Hotel to see her coffin. She lay in state three days in crimson and velvet ; and she died more satisfactorily than one could have expected. She had an old Scotch Presbyterian clergyman to attend her, who spoke very freely to her, I heard, and she took it well." 41 6 HENRY ERSKINE. CHAPTEE XY. OFFICE OF LORD JUSTICE-CLERK — DEATH OF MRS ERSKIXE HARRIET ERSKINE ERSKINE MUNRO AND HER VERSES MARRIAGE OF MR ERSKINE USE OF DROLLERY AT THE BAR EXAMPLES OF HENRY ERSKINE's : THOMAS ERSKINE S AFFAIR AT " THE COCK," TEMPLE BAR THOMAS ERSKINE AND JACK LEE ENGLISH, IRISH, AND SCOTCH ORATORY LORD BROUGHAm's OPINION OF MR ERSKINe's STYLE LORD BRAXFIELD AND SIR JAMES COLQUHOUN. Ox the 27tli December 1803, Thomas Erskme wrote to his brother : " I cannot make out Fox's politics ; Ms flutation with that most contemptible Windham astonishes me not a little. He is in the country, and I have not seen him to know what he would be at." Wliat particularly excited Thomas Erskine's wrath at this time, was the idea that those who had been firmly attached to the opinions held by the advanced Whigs, should join and take office under the Government. Early in the next year he wrote again : " I am afraid we have no chance of influencing Addington in his course. It is true that he and Pitt are separated for the present ; but the course Fox is daily taking at the Whig Club makes it out of the cards that he, or any who are proscribed along with him, should have any chance of influence or favor with the King ; and having none with him, Addington can have no interest in being connected with us, whom the King always had a preju- dice ao-ainst. . . . Addinsjton's moderation, and even his rARTY POIJTICS. 417 weakness, are great national adv^antages, compared witli the insolence and principles of his opponents. The taking Hanover may perhaps operate with the King, and make liim more open to fair propositions of peace. God knows, our situation is extremely critical." Before this year was far advanced, an attempt was made to induce Thomas Erskine to follow the example of some others of his party, and to take an important office under the Gov- ernment. ]jut on consulting tlie Prince of Wales, and several of the Prince's friends, he was strongly dissuaded from acce])t- ing the promotion offered. The state of things at tliis time, according to Thomas Erskine's estimate, is thus shown in anotlier short letter : " Addington has the plainest cards to play, if he would l)ut play them. He is afraid to do the only things whicli can establisli him ; and I fear it will be always so. He stands alone upon the King's partiality ; he is therefore reduced to temporising measures ; because, while he can keep together the discordant materials of his own administration, those of the different oppositions secure him in liis place, and without some great disaster to the nation, or the King, nothing can shake him." His administration did, liowever, come to an end in less tlinu three months. In this same letter his brother tells Henry Erskine tliat the place of Lord Justice-Clerk will be, for certain, offered to him when it becomes vacant ; a proof of the estimation in which he was held by his political opponents. In due course the post was vacated by Lord Eskgrove, but it does not appear that it was offered directly to Mr Erskine ; on the contrary, Charles Hope, who had succeeded Mr Dundas as Lord Advocate the year l)efore, liad the option of accepting it. In view of the previous relations of tliese gentlemen to one another, the circumstances connected witli tin's nppoiiitment are peculiarly refreshing to read of. Charles Hope liad been one of those specially put forward to m(»\'e Henry Erskine's dis- •1 i» 4i8 HENRY ERSKINE. niisscil from the Deansliip. But tliis untoward inciJent, it seeins, never for a moment alienated his regard for Mr Erskine personally. " It is needless," remarks Lord Cockburn, " to say that the motion never cooled Erskine's affection for Hope, and neitlier did it Hope's for Erskine." Wlien the offer of the post of Lord Justice-Clerk was made to Charles Hope, " he " — writes Lord Buchan — " came to my father and told him lie need only signify his willingness to accept, and lie would immediately have the office. My father expressed a great reluctance to appear to separate himself from the friends with wdiom he had so long been politically connected. Charles Hope represented that he would in no degree, liy accepting, renounce his principles or his party, iioi' hamper his future conduct. The office would have been highly agreeable to him, and the salary was much needed ; his ready generosity had forbidden him to lay bye much more than he had engaged to pay as the price of Ammondell. But un- fortunately, as I think, and as all but himself thought after- wards, a scruple of separatmg his fortunes from those with whom he had ever believed himself closely united by a com- mon principle, was the uppermost idea in his mind. In much less than the twxnty-four hours mentioned by Charles Hope, my father wrote positively to decline." When Thomas Erskine intimated to his brother the prob- ability of this important office being offered to him, he never seems to have dreamt of Henry Erskine refusing it. His son's account of the incident is corroborated by Lord Cockburn. " It has been often said, and often denied, that before taking this place to himself, he [Charles Hope] offered it to Henry Erskine, and urged Erskine to take it. There can be no doubt with me of his having made this very handsome proposal, because he told me himself that he had done so, and that Erskine, after consulting his friends, declined." ^ L(»i(l Buchan writes: "My mother died this spring [1804]. 1 Memorials of his Time, pp. 185, 186. ERSK/.VE .\rUNkO. ^,,^ Slie had ]»ceii a great invalid, and l(.no conlincd almost cntindy to bed. She was aide sometimes to rise in the evening, and then she sat up late. At tlu^ time of her death she had appeared to be much in her usual state of health. My father had been long asleep, when al)out two in the morning he was awakened by the noise of something falling. M^^ mother seemed to have reached at something behind a press, and to have fallen dead in an instant. He lifted the slight delicate frame, and sent for help, but nothing could be done. ''When my father was left a widower, my sister Harriet was going out in tlie world, desperately fond of gaiety, of which there was plenty in Edinburgh in those days. Her mother's invalid habits requiring little attention, and her father's occupation with l)usiness left her nuich liberty for such tilings. She was remarkably pretty, full of fun and spirit." His daughter's constant engagements in the gay world made Mr Erskine feel the life at Annnondell lonely enough ; there- fore it is not surprising to learn that he married again earlier than he perhaps would otherwise have done. One of Harriet Erskine's most intimate friends was a young lady, Erskine Munro by name, a sister of Sir Thomas Munro, Governor of Madras, who mentions his sister Erskine (her Christian name) repeatedly in his letters. When a " little past her girlish years" she had married Mr James Turnbull, an advocate, who died very shortly afterwards. Mrs Turnl)ull had a highly cultivated mind, and was distinguished by an excellent taste in drawing and painting, and various otlier accomplishments. The sister of this fascinating lady, Margaret Munro, wife of Mr Harley Drummond, was then residing at Hatton, in the neighl)ourhood of Annnondell, where Mrs Turnltull fre(iuently came on visits to her friend Harriet Erskine.^ Sc^mewliat to ^ Some years later Harriet Erskiiic became Mrs Smilli of Dimesk : she pos- sessed a certain measure of l,cr fatlier's ^luniTtt style. In the latter part of her 420 HENRY ERSKINE. the vexation uf the hitter, Mr Erskine became impressed by tlie brilliant and attractive qualities of his daughter's friend ; and they were married at Leven Lodge, near Edinburgh, on the 7th of January 1805. From accounts, it seems that Mrs Erskine was well fitted to occupy the position which now became hers. She was a poetess of some merit. One or two of her pieces, indeed, were of such quality as to entitle her to the commendation and friendship of Mrs Grant of Laggan, the well-known author- ess of Letters from the Mountcdns, at this time the chief of a literary coterie, over which she is said to have ruled with a heavy liand. Two of these pieces of Mrs Erskine's had a marked success, — an Ode to Indifference and An Address to Old Maids} Mrs Archibald Fletcher also was an attached friend of Mrs Erskine, and throughout her Autohiograpliy is very eloquent in her praise, — describing how she, by her delightful society, lightened the latter years of her distin- guished husband's life as no one else could have done ; and how she could a23preciate alike his wit and his wisdom, and was a support to him by her unfailing cheerfulness ; for " the evening sun beat not softly on him." Lord Campbell has spoken of the intense curiosity there was on the first appearance of Mr Erskine professionally in Lon- don, to hear him speak, and to compare his style with that of his younger brother. Though both made ample use of humor- ous fancies in their conduct of a case, there is enough to show that Henry Erskine's method was rather to interest his hearers life Mrs Smith suffered miicli from ill health, and adopted a morose form of religion. When her brother succeeded as twelfth Earl of Buclian, it was the wish of the family (especially of the numerous daughters of Mrs Callander of Craigforth) that the coiu'tesy rank usually granted in such cases should have been asked for the Earl's sisters. Unanimity in the application was necessary. But Mrs Smith when consulted would only repeat, "I daresa}', my dears, it would look very well on my cojiti/' 1 The latter clever piece was printeil witli Mrs Duuniore Napier's edition of T/ic Emigrant. A YOUNG ADVOCATE ^^ SVRPRISKDr 421 l)y variety, or l)y a (quaintly ])iit illustration, tliaii to seek to amuse them, or to ridicule his adversary — "■ Laughing to teach the truth, What hinders ? As some teachers give to ])03\s Junkets and knacks, that they may learn apace." Something of this sort seems to have been his theory, ratlier than liis brother's idea of seeking, as he sometimes did x'ca')- successfully, to gain his end by presenting his adversary in a ludicrous aspect. There are cases which illustrate in some measure what is stated. Mr Erskine had been several years at the Bar, and his character established as a leader of the first rank, when he was engaged in a case, with a somewhat inexperienced young hand as his junior. The cause was heard before tlie " fifteen " lords. At one stage of the trial, while the junior counsel was addressing the Bench, a discussion arose upon a point of law of some nicety ; a debate of considerable warmth ensued, in which several of the judges took part. Precedents were referred to, and a case was found which it was thought might possibly be read as having a bearing on the point at issue. The young lawyer, however, had more zeal for his client than tact in the management of a somewhat delicate question. With linger on book, he continued his remarks, saying that, "with the case of Tosh and Macfarlane" (or some equally valuable precedent) " before them, he was surprised to hear their lordships say so and so." Instantly he was snapped u}) by more than one of the venerable senators, who had "never heard sic impidence," — " Was this what the Bar was coming to ? " and so forth. Of course, regret was expressed by the speaker, but throughout the rest of llie address it was l»ut too evident that the young advocate had "stroked widder- shins " the judicial ermine to an extent which boded no good to the case Mr Erskine had in hand. It therefore liecame necessary to remove the unfavourable impression ilmt had been produced, witliout a moment's loss of tiiue. 42 2 HENRY ERSKINE. " The inucli-ievolving, witty advocate " applied himself to this as soon as he rose to speak. He took the earliest moment, he said, of expressing his concurrence in the regret felt by his young friend for the ill-advised but thoughtless expression that had fallen from him. But of one thing, he said, he could confidently assure their lordships : " when my young and inexperienced brother has practised as long at this Bar as I liave, I can safely say he will be surprised at nothing your lordships may say ! " Tlie laugh which ensued had the effect desired by the crafty ' ' Erskine, who, whene'er he spoke, Made Law seem lightsome by his mirthful joke ; Even stern-faced Ne^\1;on could not gravely sit, But shook his wig at Harry's playful wit." i Lord Erskine's " method " is shown by one or two little incidents which have been recorded. It is probable that neither " the plump waiter at the Cock " himself, nor many of the " chance comers " who resort thither to indulge in Tennysonian sentiment and the now traditional " pint of port," are aware of the tragedy which once disturbed the quiet little retreat at Temple Bar, so full, also, of Pepysian memories. The landlord of the " Cock " in Lord Erskine's time was a man of great size and bodily strength. His house was then much frequented by country attorneys. One evening a spruce little specimen of that profession came into the public room, booted and spurred ; cold and wet, just off a journey. He settled liimself comfortably in a warm box opposite the quaint old fireplace, but soon it was found that the means he took to thaw his inner man let loose a flow of acrid humour offensive to the other guests. He became so noisy and troublesome that they determined he should be expelled, and called on the big landlord (the plaintiff in the suit which followed) to carry out their wishes — and him. Tlie host a]-)proached the little J Xovemher Twelfth. AT TJIE SIGN OF THE ''COCK.'' 423 lawyer with great courtesy, and gave notice to ([uit, in accord- ance with the desire of the rest of the company. The attorney took exception to the law of the landlord, insisting on his right, and valiantly declared tliat he shouM defend his possession to the last extremity. Ultimately the host, acting under a luibcas corims of his own issuing, caught the little man up in his arms and proceeded to evict him forcibly. The diminutive hero, l)rave in the c(jn- sciousness that lie had his quarrel just, was furnislied with no better weapons of oftence than his tongue and spurs ; these latter he used with such deadly effect that the knees and shins of the host were a pitiable sight. The arena — that is to say, the well-sanded floor of the " Cock" — was dark witli the blood of the landlord. For this he brought his action. The defendant, of course, pleaded that the first assault was made upon him. Thomas Erskine defended him at the trial, which took place at the Guildhall, before Lord Kenyon : with much ludicrous detail he described the combat, and, with assumed gravity, appealed to the jury if instinct liad not pointed out to every animal the best means for its defence. Dcntc lupus cornu taurus petit. His client had no weapon except " his spurs " to oppose to the violence of his assailant of the " Cock." This suggestion of a bantam, opposed in deadly conflict to a gigantic " Cock," was irresistible ; the jury were in fits of laughter. But Erskine was not disposed to stop here. To the law cited on the other side, he said, he should oppose a decided authority from a work of long standing, and held in the highest estimation. Lord Kenyon, expecting that some text-book was about to be cited, took up his pen to make note of the point. " From what authority, Mr Erskine ? " said the Chief Justice. " From Gulliver's Travels, my lord." The picture presented of Gulliver dandled in tlu" arms of liis Brobdingnag friend was too much for judge or jury. Of a similar character, but with less of direct motive, was 424 HENRY ERSKINE. his defence of tlie proprietors of a stage-coach, who were sued for the loss of a box belonging to the manager of a travelling menagerie. He wound up his address with the impressive statement that the plaintiff would have done well to have taken a hint from the sagacity of his own elephant, and trav- elled ivitli Ids trttnJv before him, under Ids oiun eye. At an early stage of his career at the Bar, Thomas Erskine distinguished himself by his mimicry, on a certain occasion, of the peculiar style of Jack Lee, one of the best known leaders at that time. Erskine, at the close of his speech, crossed his arms on his breast, and hit off, with some success, the loud vulgar manner of his opponent. Wlien it came to Lee's turn to reply, "This gentleman," he said, " they tell me has been a sailor ; they say, too, he has been a soldier, — and will probably finish his career as a mountebank at Bartholomew Fair." ^ This rancorous remark did no harm to Erskine, — rather the contrary, it was an ad- vantage. It was retailed as a proof of Lee's jealousy of the rising young barrister, and envy of his increasmg reputation. It was a blunder only short of the greater error made by the same gentleman when he became for a short time Attorney- General, and in Parliament uttered a sentence, long remem- bered : " What was a charter but a piece of parchment with a piece of wax appended to it ?" He suffered deeply in profes- sional character in consequence of this absurdity. Alluding t(> the occasion already referred to, of Henty Erskine's first appearance in London, Lord Campbell writes : " I remember hearing him plead a cause at the bar of the House of Lords. All the courts in Westminster Hall being ^ Many years after this, some persons wrote to Lord Erskine, saying that they had made bets as to whether he had been ''bread to the army or to the navy ; " opinions differed, and they took the liberty of asking his lordship him- self. Loi-d Erskine replied that "first he was hrcd to the navy, then he was bred to the army, but as neither was bread to him, he had tried the law.'' ^^LONGJWIV^^ AND ^^ STRONG BO UV^ 425 deserted from a curiuyity tu compare tlie two brotliers—aiid full justice was done to the elder." ^ The difference in the training they had severally undergone was sufficient to account for a dissimilarity in style. At the time in question— whatever may be the case now— there was understood to be a marked distinction observable between the modes of oratory, peculiar respectively to the English, Irish, and Scotch Bars— the result of national temperament,' it was' thought, as much as of any other cause. In two stanzas ^ Lord Byron has drawn a clever sketch showing the difference between Lord Erskine's style and that of Curran, then the representative speaker of the Irish Bar— "Longbow from Ireland, Strongbow from the Tweed." It may not be too much to assert that the qualities which the poet discerned in Lord Erskine's oratory were, in fact, those which the great lawyer had inherited as his share of certain national characteristics. Eor it is considered that we m Scotland have a forensic eloquence of our own more specious, discursive, and ambitious than that of England, but at the same time, less poetical and passionate than that of Ireland. On the one hand, there is the logical acuteness and fearless questioning of authority peculiar to the Scotch as a nation, abundant store of which, if of nothing else, Thomas Erskine took with him to the sister country; and on the other, the richness of imagination and promptness of feeling as strongly characteristic of the Irish. Strongbow was like a new-tuned harpsicliord ; But Longbow, wild as an ^olian harp, With which the winds of heaven can claim accord, And make a music, whether flat or sharp. Of Strongbow's talk you would not change a word : At Longbow's phrases you might sometimes carp." ^ Lives of the ChaiiccUors, ix. 101. 2 Sec Dov Juan, canto xiii., stanzas xr-ij. \ru\. 426 HENRY ERSKINE. Moreover, it was tlie belief that in England the small number of courts and judges compared with its great w^ealth, population, and amount of business, had made brevity and despatch indispensable in an ad^'ocate of great practice, as it would be practically impossible either for him, or for the courts, to get through the work without attention to such points. In Scotland time w^as of less value.^ Besides which, at the period in question, the advocate had to address himself chief- ly to the judges, the result being that less of reliance was placed upon the effect of pathos, or of poetic figures, than on subtlety, or compass of reasoning." Wliat Henry Erskine's style may have been, either in Par- liament or at the Bar, w^e have little, if any, means of judging for ourselves, seeing that none of his speeches have been pre- served entire. Cardinal Erskine, in a letter wdiich will be noticed further on, deplores this fact, and regrets that his cousin Henry Erskine's rhetorical achievements were not collected, as w\as done in his brother's case. We can hardly agree with Mon- signor Erskine in this opinion, or profess to share to any extent in his regret. Though the professional style was of the most brilliant order, Henry Erskine's efforts were, as a rule, devoted to matters which, while they were of the last im- portance to those concerned, were of comparatively little inter- ^ One of the best things uttered by Lord Cockburn relates to this peculiarity of the Scotch Courts. Mr li was one of those pleaders who taxed the patience of jury and judge by his long-windednesa. On one occasion he began his speech upon evidence that had been adduced at an earty hour in the day. Hour after hour slipped by, and still the stream of talk flowed on. A listener, who had been present in the morning when the advocate began, returned in the afternoon and found him still apparently far from the close of his address, and ventured on the remark — "Surely H is wasting a great deal of tinje." "Time!" cried Lord Cockburn, "long ago he has cxhaustit Time, and has encrotch't upon Eternity. " - See remarks on this subject in Edwhunjh Rcvien: foi- May 1820. ORATORY. 427 est U) others. Lord Cockbiirii very soundly ;isks : " Wlidt pre- serves the forensic glory of Thomas Erskiiie except the Stat,' trials, which gave subjects of permanent dignity to his genius, and which, thus sustained, his genius made innnortal ? Few such occasions occur in England, and far fewer in Scotland." ^ Mr Erskine did appear in one of the Scotch State trials, where the prosecution was withdrawn upon a point of law. Besides the qualities as speakers which the two Ijrothers shared in common, Henry Erskine's copious stores of classi- cal illustration and figures, which he was in the lialjit of using with the utmost grace, imparted a charm to his style which was wanting in Lord Erskine's manner of address. The scenes of his early life may have taught the younger brother '' handiness " and resource, but they prevented him from ac- (|uiring those graces of expression which classical study alone can give, and the want of which, in his best speeches, Lord Brougham has pointed out. This was a serious defect in the days when every great Parliamentary speech was considered to relish better "with Latin spice cast in," — a couple of hexameters from Virgil, or a well-chosen line from Horace; but — as Lord Beaconsfield has told us — never a word from the Greek. From Henry Erskine and his brother it was — as he himself has said — that Lord Brougham acquired many of the axioms of successful pleading, the results of their experience. For exam- ple, that it is the first quality of an advocate to sacrifice every- thing to the cause; to indulge in no topic, nor any illustration nor any comment, not even a phrase or a word, that does not directly aiid manifestly serve the cause in some material particular. Lord Brougham has likewise expressed his views very clearly regarding Mr Erskine's powers as a speaker at the Bar. It is testimony of great weight by a professional wit- ness of the highest importance which we ha\o in lliat passage where he states tliat he considered thnt Henry Krskine had, 1 Life of J.ifTrnj, i. 244. 428 HENRY ERSKINE. on one occasion at least, surpassed his brother in his own peculiar province. This is what he says : — "... A very great mistake was committed by bystanders, or generally by those who either heard, or heard of, his speeches, and fancied they were all joke, — all to amuse the court, or at best to turn his adversary and liis arguments into ridicule. He was a most argumentative speaker ; and if he sometimes did more than was necessary, he never for an instant lost sight of the point to be pressed on liis audience, by all the means he could employ, and which really were every weapon of eloquence except declamation and appeals to the tender feelings. Of course, a great cause placed him more under restraint, and more called forth his exertions ; yet it was singular how much he would sometimes labour even in the most ordinary matters. However, if I were to name the most consummate exhibition of forensic talent that I ever wit- nessed, whether in the skilful conduct of the argument, the felicity of the copious illustrations, the cogency of the reason- ing, or the dexterous appeal to the prejudices of the court, I should w^itliout hesitation at once point to his address (Jicaring in ijresencc) on JMaitland's case ; and were my friend Lauderdale alive, to him I should appeal, for he heard it with me, and came away declaring that his brother Thomas (Lord Erskine) never surpassed — nay, he thought, never equalled it." ^ It does not appear that Mr Erskine ever experienced in Parliament the difficulty in acquiring the habits and style peculiar to that Assembly which proved a serious obstacle to more than one distinguished Scotsman who succeeded him. In fact, Henry Erskine's diction (the chief point of difficulty in the cases referred to) was of such purity and elegance as to delight all hearers, wdiether English or Scotch. Lord Brougham says there was no trace of provincial accent. Lord Jeffrey, after describing the charming facility of Mr ' Antohingrajyhv, i. 230, 231. LORD BRAXFIELD. 429 Ei'tskiuc'.s clal, or grain. 2 !•: 434 HENRY ERSKINE. fice made to public convenience, and shall, as such, not be forgotten. No false color can be thrown on his taking such a step at present, when his prospects of attaining the object must be supposed to be rendered naturally brighter than they were before. Excuse the haste in which I write. The point appeared to me so important, that I did not like to leave Edinl>urgh without addressing you upon it. MoiuA." Lord Cassillis to 3fr UrsJd7ic. "Brookes, 1st Fchj. 1806. " I am not yet able to send you any details of the Cabinet. The newspapers contain all that is known. Your brother certainly has been fixed on by both partys for Chancellor, and his name is gone to the King to fill that office ; but there is a great deed of speculation ab^- his Majesty's assent ; in the clul)-houses tliey say he is too nearly cdlied to the Prince. I hope, however, his Majesty will agree. I was w^^' tlie Prince for three hours this mo"- — In haste, your very faithfuU " Casstllis." In February tlie new Administration — " All the Talents," as they are said to have styled themselves, on the ground that they included all the available wit, wisdom, and ability in the country — was formed ; Lord Orenville Prime Minister, and Thomas Erskine Lord Chancellor. Cn the 20th Eeljruary the Earl of Lauderdale, who had by this time so far got over his extreme Eepublican views as to allow of liis l)cing nominated a member of the Privy Council, and to receive from royalty the distinction of a peerage of the United Kingdom, wrote to Mr Erskine from London : — " . . . T kissed liands to-day for the peerage. His Majesty looked very well, and received the citizens of London with the address, surrounded l)y the new Ministers. You r.ORI) .{l)]-OCATF.. ^,r "-.,1,1 i.uc. iMvlIykacwn ll„. ( ■hanclW, I,. 1„„|<..,I so solenn, I couia „.,t persuade myself I I,a,l ever heard l,i,„ j„k.. i„ luy life. " Tliere is no news but what you know. In the formation of a Government, consisting of various parties, there has necessarily occurre.l i'eserve this procedure as regular and pure as possible. If there were any efhcacy in the taking of oaths and threats of fines, then these elections must have been pure indeed. At the election of delegates, the magistrates and councillors were ordered to take oaths to the Government, and oaths against bribery and corruption. AVhen the delegates met, similar oaths were administered to the clerk of the meet- ing. Then more oaths of the same sort were taken by the delegates themselves before proceeding to the business in hand ; penalties of £100 or £500 the while, hanging over their heads at every step. But with all these precautions the result was in some cases very curious. The group of royal burghs with wdiicli Bord Bauderdale was connected consisted of Dunbar, Lauder, Xorth Berwick, Haddington, and Jedburgh. But by a very ingenious device the representation of this district was for many ages kept in the hands of two families. At North Berwick the Dalrymple family was ])araniount, while at Lauder and Dunbar the Maitlands were all-powerful. So by a liappy arrangement A QUIET ELKCTJOX. 437 l)etvveen these families, ]»y their couibiiied voles in iliree of the Inirghs, a Lauderdale noiuiuee sat durin<^- iu:o Parliaments, and a I )alrymple representative for one. The efl'eet of this scheme upon Haddington and eledhur^li, towus of considerable importance, is obvious. Their delegates were of no account in this liarmonious arrangement ; they were for ever in a nnnority of two to three. E^'en when a delegate from one of these burghs presided, las existing vote was of no avail to form a majority. Thus for generations — how many it is impossible to say — Haddington and Jedburgh were prac- tically without the franchise. Such is the tradition that still exists in these places. It would appear, then, that when Lord Lauderdale promised Mr Erskine a seat, the election for the district in question was with the Maitland family, the Dalrymple " member " having resigned, and there was conserpiently no further troul)le to anybody concerned. Mr Erskine, without, apparently, havhig seen one of the five burghs he was to represent, went to Lon- don to attend to his duties as Lord Advocate : certain letters which followed him there in due course on the formal com- pletion of the election, illustrate very forcibly the procedure usual in such a case. It is clear that there was in arrange- ments of this kind little, if any, scope for bribery. But some of the Ijurgesses, notably those of North Berwick, seem to have considered themselves to be in very much the position of the Scotch dame, who, when her one solitary suitor " proposed," all too soon for any play of sentiment, addressed the too matter- of-fact swahi, "Atweel, I'll liae ye — but I maun liao my dues o' courting." Though there could be no dalliance in the way of corruption, they were determined to have their dues for all that — all the more, perhaps, as the new member was not a Dalrymiile nominee. On tlie day of tlie election liis agent, Mr Inglis, wrote to announce the accomplished event, and to state what was required, by custom, of tlie new ^I.B. : — 438 HEm\RY ERSKINE. "EuiNiiR., \Uh April IHOe. " My DKMi LuKi), — I have only one moment's leisure to congratulate your Lordship on your election, which took place at North Berwick yesterday ; but there being no post for London, the return could only be made this day by the Sheriff. " It seems it has been the constant practice for the sitting member to send an English newspaper to each borough in the district, with the exception of Lauder, to which Mr B informed me that it had been in use to send the Courant. This is an expense I could not have dreamed of, but so much is it understood, that James Dalrymple desired that, instead of the Courier, the Globe should be sent to North Berivick. The delegates for Haddington, Dunhar, and Jcdhurgh, made choice of the Star. "As Sir Hugh [Dalrymple] will instantly countermand these papers, it will be necessary for your Lordship to have an immediate communication with Lord Lauderdale upon this subject ; and might I beg the favour of a single line in course, with your Lordship's instructions with regard to the Courant for Lauder. William Inglis." It will be seen from the following curious letter sent from North Berwick, that, before Mr Erskine could have tasted of the sweets of Parliamentary life, he had experience of what has not inaptly been termed the " nauseating constituent." Tlie letter displays a naivete as refreshing as the breezes of the salubrious burgli itself. This is how it runs — in a hand- writing of schoolmasterly beauty : — " North Behwick. " Two of the burgess's of North Berwick beg leave to pre- sent their most respectfull compliments to their representative in Parliament, tlie Lord Advocate. Conceivino' ourselves not '^ COACHING'' THE LORD ADVOCATE. 439 tlie least of his Lordship's constituents, we request to oiler hiui a few remarks for his consideration. In the ])nisent state of things, there are only two ways in our opinion tliat his Lordship can distinguish himself in the present I'ar- liament. The first that occurs is, that his Lordship should seize the chief or entire management of all Scots affairs, in the same way that Uundass formerly did, whereby he W(juld become popular in the country, when he could turn out Dun- dass party, and put in their places his own friends and well- wishers. His Lordship has a large scale to go on. He has the church, excise, custom-house, post-office, and many other lucrative situations in his power of gift, that we are un- acquainted with, and therefore shall not specify them. The second is, that he should make some eminent display of his great and unrivalled abilities in Parliament ; and how far the present trial of Lord Melville would be a proper opportunity for such a display as we allude to, is suljmitted to his Lord- ship's better judgment. But notwithstanding of our high opinion of your Lordship, we are at same time sorry to find you so extremely backward in even answering letters, or yet of recommending friends, tho' solicited thereto in the most sup- IDlicant manner, by connections of your very best constituents. This conduct alarms us, because a noldeman in power should lend a kind and friendly ear to the petition and complaint of every deserving object, who states his services to his country, never so delicately, without the ostentation of boasting of his connections, except producing his certificates of service. AVe wish your Lordship would remedy this evil by looking over your appKcations, and doing the needful therewith, as the one we refer to was handed to you a few days before you left Edinburgh, at least weeks. As we know not your address in London,''we have sent this to Edin^- by our carrier to your house, in order to be forwarded to your Lordship by one of your clerks. Wishing you every possible success, &c. &c. "Thursday, Id Ma,y l^QQ>:' 440 HENRY ERSKJNE. Mr Erskine did not long enjoy his seat for these burghs, as the Parliament was dissolved on the 24th October of the same year. " In the spring of 1806," writes the young Henry Erskine, '' my father brought his wife with him to London, and myself by way of Secretary. Mrs Erskine was presented to Queen Charlotte by the Duchess of Gordon, the intimate friend of our house. At the Uv6e, the good old King spoke graciously to my father, and ended with, — " Not so rich as Tom, eh ? — not so rich as Tom ?" " Your Majesty," replied my father, " will please to remem- ber my brother is playing at the guinea table, and I at the shilling one." Probably from some such cause as has been suggested in the preface to this book. Lord Campbell has hazarded the extraordinary statement that Mr Erskine " never opened his mouth in the House of Commons, so that the oft-debated question how he was qualified to succeed there remained un- solved." ^ This is obviously very erroneous. He was Lord Advocate for Scotland ; and it is not optional for a Lord Advocate to be silent in the House of Commons, if he has a seat in that Assembly, which it has always been considered essential that he sliould have. A reference to the Eecords of Parliamentary Debates shows that while he took no con- spicuous part in the general business of the House, he took a lively interest in all Scotcli matters brought under considera- tion, or English measures that might have a bearing on Scotch affairs. In May 180G, for example, on the " Ptepeal of Additional Forces Bill " being brought forward, he, as was his duty, rose to explain the operation of the Act in Scotland, which he did in the style peculiar to himself. " The statute," he said, " was nothing more than a tax of £20 upon parishes, for scarcely a man could be raised by it. . . . Nothing could be done to ^ Lives of tli.c. Clianccllors, ix. 104. 4l]i edition. LONG AND SIJORT SERVICE. 441 fjicilitate the raising of men. Who were tlie ])ari.sh olVieers ? The schoohnaster and sextijn ; but the sexton's elibrts to raim ^ men were found unavailing." Tlie administrati(jn of the army was one of tlie first (|ues- tions taken up l)y tlie new Government. The discussion of the " Mutiny Bill," in which Mr Erskine took a considerable share, occupied public attention fully as much as the question of short or long service does at the present time. Indeed it was in principle the same question, and many of the argu- ments used were similar to those we hear now. The object of the bill, or that part of it which was new, was to substitute an engagement for a limited number of years (7, 14, or 21), in place of service for such length of time as his Majesty might think proper to name. The advantages of this scheme were numerous, obvious, and strong. The objections were that it involved a violent infrac- tion on the prerogative of the Crown : it w^as impossible, it was said, to place the army in a better state than it then was : no advantage could arise from blending the characters of the soldier and the citizen. In his speech in support of this measure, Mr Erskine touches upon a point which in subsequent times w^as found to be one of the most powerful agents employed in the modern Articles of AVar — namely, the force of public opinion at home, when brought to bear upon a soldier's conduct while serving. Few soldiers of the class referred to by the speaker can be in- different to their gallant deeds, or misdeeds, l^eing recorded on tlie cl lurch doors of their parishes, to be read and criticised ])y the neighbours on a Sunday. There was provision for this in the Mutiny Act not many years ago;^ and the present .Vrmy iJiscipline Act would be stronger were it restored. 1 111 the report of this speech, as given in Cobbett's Parliamcntari/ Debates, tliis word is not emphasised, but there can be little doubt that it was so when Mr Krskine spoke it. - Compare Mulhnj Ad, Art. 24, see. 74, 1850-60. 442 HENRY ERSKINE. Mr Erskiue is reported to have said, after some pleasant remarks in reply to General Tarleton, who had unfortunately spoken of him as the " Judijo Advocate," — " Limited service was the most successful way of procuring men ; and to suppose they could not judge of the advantage of limited service be- cause they had not sustained the character, was as absurd as to imagine that a youm? woman could not tell the induce- ments that one of her sex might have in taking a husband, because she herself had not entered into the marriage state. In the country with which he was best acquainted, the men were not to be obtained by hanging a purse upon a halberd ; they took a rational view of their situation and so formed their determination. " He would not say to his young fellow-countrymen, ' Enter the wide world and forget the soil of your birth. . . . But he would exclaim, ' Young men, the love of your country . clings about your hearts ; filial duty, honour, affection, are dear to you as existence ; you revere the paternal attachment, and will surrender none of the sacred obligations of domestic life. I know you will despise all danger in the defence of these fond objects of your solicitude : advance, then, with me to the field of virtue and glory, and if you survive the confiict you shall return to the arms of your relatives, to the bosom of your country, covered with those laurels which shall command the respect and the gratitude of your compatriots.' With such inducements and such hopes, thousands would fiock to the standard of their Sovereign ; nor would they cast one ' long- ing lingering look ' towards their native homes until the war was terminated ; for they would know that if they presumed to relinquish the scene of their duty, they would return to l)arents and relatives who would consider their appearance among them derogatory to Scottish valour. When gentlemen talked of the future and remote disadvantages of the plan, they reminded him of a dispute regarding a canal between Kdinbuigli and Glasgow for the supply of coals. In one ''MUTINY ACT'' AND ''TRAINING lULir 443 direction it passed tliruugli a vale without the smallest inter- ruption on a perfect level, and the tract through which it was to pass contained a supply of coals for three centuries ; in un- otlier it was to be obstructed by sixty-seven locks, and to be elevated 750 feet above the surface of the sea, but the supply of coals .was sufficient for five centuries ! It was a displace to the good sense of the country that, like this bill, the former channel liad numerous opponents. " The temper of the hardy Caledonian, to whose bravery the nation had been so often indebted, was little known. . . His wants are few, but w^ithout freedom nothing can satisfy his desires. Donald the peasant had but three wishes to express : the first was, ' To fill my barn with snuff ! ' the second, ' Fill my pond with whiskey ! ' for the third, his invention, uninstructed by luxury, was deficient, and he exclaimed, ' Fill my barn again with snufi* ! ' " ^ The bill was passed, notwithstanding tlie strenuous opposition of Lord Castlereagh and Mr Canning, and proved of the utmost value during the progress of the war in Spain.'^ Mr Erskine's remarks on the cpaestion of the " Training l>ill," July 6, 1806, are chiefly noticeable for the personal turn he gave to his argument, being moved by a strong sense of the injustice wdiich he had suffered in his own country. He rose to reply to his " noble relation " Lord Binning, and in doing so made allusion to the objection which had been shown to the application of the Militia Bill to Scotland. " As to tlie opposition," he said, "to the Militia law, . . wliich had been asserted to proceed houi disaffection, he was not disposed to come in to that opinion. He was aware that disajfrdion was often stated to prevail very generally in Scotland, and that he himself had been described as one of the " disaffected." lUit if he was disaffected tlien, he was so still. For he held no principle at that time wliich now, in the King's service, did not remain perfectly unchanged, and they should ever continue 1 Pari. Deb., vii. 539. " Conf. Alison's Jfist. of Europe, x. 181. 444 HENRY ERSKINE. to be so. . . . He would pledge himself to prepare in forty- eight hours a bill that would be perfectly applicable to Scot- land — and not injurious to the Volunteers, w^hom he highly eulogized." ^ Again a theory dear to all Scotch law^yers, crops out in his argument on the " Freehold Estates Bill " — namely, the superior and more scientific scope of old Eoman law, and Scotch juris- prudence founded upon it, to anything of the kind in England. Mr Erskine observed that "it w^as a peculiarity in English law which was unknown to the ancient Greeks and Eomans, or any modern state in Europe, that the death of a man should put an end to all the moral obligations which he owed the world. He was himself in the proper sense of the word a strong aristocrat : but he did not think it right to support the aristocracy by such means as the law now sanctioned. In Scotland, and in Germany, a most high and honourable senti- ment of the antiquity and greatness of families prevailed ; but still they did not allow a man to ' roll in the wealth which had been left by his ancestor, wdiilst at the same time he would stare the creditor of that man in the face, and say he would not pay him."^ The most curious of Mr Erskine's Parliamentary experi- ences was, that it should be his fate to find himself standing in the House of Conniions in opposition to delegates from the General Assembly of the Church of Scotland, deputed to with- stand the introduction of a measure of the Lord Advocate's own contrivance, that Lord Advocate being the same Harry Erskine who was wont to be looked upon as the light, and leading spirit in the Church's conclaves. Obviously it must have been a strong sense of public duty which led to such a state of things on his part. The measure which the Lord Advocate had proposed was the suspension for a limited period — -"a very limited" period, Mr Adam i»hrased it — of the powers granted to the Lords of ' rit,]. iMh., vol. vii. i>. 911. - Ibid., vol. ix. \k 162. IN OPPOSITIOX TO U EN KRAI. .ISS/LAf/iLV. 445 Si'ssion ])\ ail Act of llic iv.i«^ii of Qiiccii Aiiiic, " Aiiciit ihc JMantatioii of Kirks and Valuation oi Teinds," so far as relates to the granting of augmentation of stipends to the clergy. Somehow the process of the augmentation of a minister's stipend has been, at times, considered to have a ludicrous side ; if faith may be placed in certain well-known Lyrics Ijy a meml)er of tlie Faculty, — at all events, there was trace of tin's feeling in the present negotiations. The urgent reason for this measure is indicated ni tlie speech of Mr W. Dundas on the second reading of the Bill. It appears that on the first " sough " of the intended changes (which were afterwards carried out) in the administration of Scotch law, a great fear fell upon the clergy of the (Jlmrrh of Scotland : they knew not wliat might happen to that part of the legal machinery of the country with which they were more closely interested — namely, the Court of the Commis- sioners of Teinds. " Since," said Mr Dundas, " a chano-e had been contemplated in the Courts of Scotland, a race had been run by the clergy of that country for augmentation of their stipends. In the parish with which he was connected, the minister had applied for a new augmentation within a feiu months after having received a very large addition to his former stipend." The Lord Advocate, in view of tlie request of the petitioners (the Committee from the General Assembly) to be heard by counsel in opposition to the Bill, said that he strongly '' dis- claimed any distrust of the Court of Session, or any disrespect to the clergy of Scotland. It was his pride to be descended from a family which tlie clergy of Scotland, who were cmiiu'iii for their learning, piety, and morals, had always looked up to as their firmest friends. The object of this Bill was to relieve tlie Court of Session from a press of business of this nature. No less than 149 svits for augmentation had commenced since 'luly last [180r.]. . . . Taught, as he might say, from his infancy to hold that respectable class of the connnunitv in 446 HENRY ERSKINE. pro]»cr estimation, lie did not think lie could be supposed cap- able of deliberately introducing into that House any measure that could in the slightest degree tend to detract from their privileges, or alienate their rights ; so far from it, he had it in his intention to submit upon a future day to that House, some measure for rendering them more secure and permanent ; . . . . if there was the least ground to suspect that it might be productive of any consequences injurious to the Scotch clergy, he should feel still greater pleasure in with- drawing it." ^ The measure which ]\Ir Erskine referred to, and which it was his hope would be of great benefit to the poorer clergy, was in due course put in shape by the Lord Advocate. His idea was that a fund should be formed from the sums accru- ing from unpaid stipends during the periods between the occur- rence of vacancies and the settlement of ministers in parishes. It is scarcely necessary to explain that the stipend of a min- ister is derived from the tithes, or teinds of the old church lands, which fell into secular hands at the Reformation, allot- ted l:)y law to that purpose ; and the stipend can, by order of the Court sitting as Commissioners of Teinds, be increased, until the tithes available for the purpose, in any parish, are " exhausted." During a vacancy, the patron of the parish was, at the time in question, intrusted with the application of the stipend to " pious uses " within the parish. The scheme of applying such sums to form a fund for the benefit of those of the clergy who most needed an increase to their scanty salaries was in- genious, and probably the only one possible that should take no money out of anybody's pocket ; and was accepted by the Church as an indication of the warm interest felt by Mr Erskine in what concerned her interests. Otherwise it was not destined to bear fruit. It was actually said in Parlia- ment by Mr AVilliam Dundas that the fund thus produced ^ Tarl. Del)., vol. viii. p. 558-9. SYMPATflY WITH I'OOR CLERGY. 447 lui^liL 1)C cixesslre for the purpose contemplated l)y tlic; T.ovd .Vdvocate.^ " One of the unfortunate clergymen whose teinds are ex- hausted," as he describes himself, wrote to Mr Erskine from Fala Manse, fourteen miles south of Edinlmr^h, on 27th February 1807, that he is one of those " whose condition your present l>ill before Parliament promises to ameliorate," and asks to be allowed for himself, as well as for his brethren in a similar situation, '' to return you our best and sincerest tlianks. That yoio alone of all the Crown laivyers for many years back should take our case under your serious consideration, does equal honour to your head and heart." This poor gentleman, the Eev. Archibald Singer, whose stipend w\as £65,^ points out in the same letter what was no doubt a weak point in the scheme, but not one to render a trial of it undesirable — namely, the slow action of the remedy. '' It is more than probable," he writes, " that few of the pres- ent incumbents will reap any benefit from your Bill, however benevolent its principle and certain its operation." To this period of Mr Erskine's official career belongs a story which has often been repeated, illustrative of a quaint mode of pronunciation of certain terms peculiar to the Scotch Law Courts. Besides many a l)arbarous-sounding phrase, and others half French and more harmonious, which may still be heard in the course of legal proceedings, words admirably adapted to the requirements of the modern ballad-writer, there are others less pleasant to the unprofessional ear, such as curator; record, meaning the documents in a case, — and so on. On one occasion, it is related, Harry Erskine was address- ing a committee of the House of Lords regarding some trust ^ Pari. Deb., vol. viii. p. 838-0. - Somewhat later a meeting was lielil in Ediiilmrgli of ministers wliosc "teinds" — and powers of endurance — ''were exliausted," many of whom liad stipends of "littlo move llinn i'30 a-yenr."— ,SVo/,< }f(ifja~iiv\ May 1808. 448 HENR V ERSKINE. business. In the course of his speech he had frequently occasion to mention the " curators," always pronouncing the word in the manner approved in the Scottish Courts — that is, with the accent on the first syllable. One of the Englisli judges — Mr Erskine's son understood that it was Lord Mans- field who was so fastidious — could stand this no longer, and exclaimed — " Mr Erskine, we are in the habit in this country of saying curator, following the analogy of the Latin, in which, as you are aware, the penultmiate syllable is long." " I thank your Lordship very much," w^as Erskine's reply ; " we are weak enough in Scotland to think that in pronounc- ing the word curdtor, we follow the analogy of the English language ; but I need scarcely say that I bow with pleasure to the opinion of so learned a senator, and so great an orator, as your Lordship." Lord Mansfield being himself an emigrant from Scotland, was doubtless not unwilling to show his own superior attain- ments in the direction of civilisation, forgetful how ticklish a question is that of the quantities of classical words in English.-^ 1 After all, the use of the false quantity would appear to be more local than this story -svould lead one to believe. While the term " curator" is used con- stantly in the Parliament House above, the gentlemen charged with the care of the Advocates' Library below, are called ''curators" — as I am informed. HIS MAJESTY- S ADVOCATE. 449 CHAPTER XVli. LOKl) ADVOCATE'w COHRESPONDENCE LORD MOIRA TUREIPI.ANU OF FINGASK LORD MAURICE DRUMMOND 1)E JURE EARL OF MAR THOMAS CHALMERS MRS ANNE BOSCAWEN PENSIONS BELL ROCK LIGHTHOUSE ELECTION SCHEMES LORD POLKEMMET IN TROUBLE CHANGES IN THE LAW COURTS " ENDLESS WILLIE " MR COM- MISSARY BALFOUR THE TYTLERS' SYMPATHY CASE OF THE REV. DONALD m'aRTIIUR " INDEPENDENCE OP THE SCOTTISH BAR." The office of Lord Advocate,- — of old " his Hieness' Advocate for his Hieness' interest," — to which Mr Erskine had been ap- pointed, though one of the highest dignity and responsibility in Scotland, is yet one not without many and serious draw- backs, in the opinion of some who have held it. The care of political business in more recent times has formed the most difficult part of a Lord Advocate's duties, requiring in him a knowledge of statecraft rarely to l)e found in a Scotch lawyer, whose energies have been devoted to tlie labour in- separal)le from an extensive practice at the Bar. The emolu- ments from the office will seldom, it is believed, compensate for the loss of such a practice, wliile the patronage attached to the dignity must be but a sorry recompense for all the vexa- tion connected witli an office of this kind, seeing that a man cannot by patronage benefit himself, and must take uratitude in return for value given, a commodity hardly more tangible than the questionable right said to have been secured for Lord Advocates by Sir Tliomas Hope, Henry Erskine's ancestor, of '1 F 450 HENRY ERSKINE. wearing a hat while pleading in Court. Only the hope of professional advancement could carry a man through the thankless labour, which Lord Cockburn has described as in- separable from this office ^ — a hope whicli never was realised in Mr Erskine's experience. ]\Ir Erskine's correspondence at this time, which is exten- sive, consists mainly of letters addressed to him by those who had something to ask, or some interest to be advanced by means of his good offices : few of these are of importance now ; one or two, however, may serve to illustrate the varied nature of the duties which fall to the lot of a Lord Advocate. Lord Moira to Mr Erskine. " St James's Place, June Zcl, 1806. " My dear Lord, — I understand that the committee is now sitting to determine the application of the surplus monies from the forfeited estates in Scotland. There is one object which my late command in that country gave me occasion to examine into ; and I thence enb^eat you to call the attention of the committee to it, as a matter important to the defence of the country, as well as to public convenience in another respect. The landing on either side of Queen's Ferry is at times very difficult, and even dangerous, from rough weather. I know that the passengers by the mail-coach are often embarrassingly detained there. But the case might be more materially distressing if it happened to apply to the transpor- tation of troops in a moment of alarm. The trustees of the turnpike roads are absolutely devoid of funds adequate to the necessary remedy. Piers, under the lee of which embarkation and debarkation can at all times be securely effected, are 1 It is to be hoped that tlie experiment now being tried of a partial separation of the political duties of the post from those more strictly professional, — such as was talked of by the Minister in Lord Jeffrey's time,— may bring more comfort to the Lord Advocate than was enjoyed by certain of his predecessors. J^E QUESTS. 451 obviously reiiuired. Ikit the supply for executing so useful a work can only be had from a public fund. I therefore solicit you to submit this suggestion to the committee ; and I have the honour, my dear Lord, to remain witli tlie liighest esteem, your Lordsliip's faitliful servant, MoiRA." The reader will doubtless l)e reminded by Lord ]\Ioira's complaint of the experience of Monkbarns and young Lovel at the Ferry. There is nothing more striking in the correspondence of this period than the manner in which " pensions " were asked for, and, apparently, obtained. An application of this kind is alluded to by Sir Thomas Dundas as having been made on behalf of Lord Traquair, without, it seems, any ground being mentioned for such a concession (page 249). These grants, and the excessive charges on the Civil List, afterwards formed the subject of complaint by reformers. A curious volume entitled Le Livre Bouge, dealing w^ith these charges against the revenue, and sinecure offices, appeared early in this century ; from it,^ it would appear that the application conveyed to ^Ir Erskine in the letter on behalf of a suffering Jacobite family, which follows, was speedily complied with. Lord Maurice Drummond to the Lord Advocate. "My Loed, — La famille de Drummond De Melfort pour laquelle vous avez promis de daigner vous interesser aupres du gouvernement pour leur avoir des secours, que de jn-o- fonds malheurs leurs rendent si necessaires ; vous su]ilie de peusse que Madame la Ducliesse de Melfort dans un age tr^s 1 Besides five of the Drummond fomily, whose names appear on the Scotch Civil List at this time (July 1806), we find those of "James Francis Erskine" (Earl of Mar), "Isabella, Countess of Glencairn (1801)," "Marie Claudiiie Silphie, Duchess Fitzjames," — and Instly, "James Lapslie," the pugnacious minister of Camjisie, a character well known in Scottish anecdote. 452 HENRY ERSKINE. avance, son second fils Maurice Drummond, son epouse, et deux enfants, sont a attendre I'execution de cette promesse, dans une situation qui merite votre interet. — J'ai I'honneur d'etre avec un respectueux attachement, my lord, votre tres humble et tres obeissant serviteur. " L. Maurice Drummond. •'Delancy place, No. 7, Camden town. "Cel8. Julliet 1806." Threiplancl of Fingash to Mr Ershine. " FiNGASK, BY Errol, August dd, 1806. " My dear Fhiexd, — While you was in London, I took the liberty of writing you for your interest at Court for the restora- tion of the dignity of Baronet to my family, which my grand- father thought it his duty to forfeit in the year 1716. Having not heard from you, ten to one, the pedigree tree, which I sent, may have escaped per mail-coach. I am sure it would not have escaped your attention. Seriously, was it in your power ? or did you think it worth your while to do anything in the business ? " To have again a laugh (vide Lives of Illustrious Seamen, p. 81), Captain John Campbell was with Lord Anson in his coach, to carry the news of a victory to the King. Anson said, ' Capt. Campbell, — and the King will knight you if you please.' " ' Troth, my Lord,' said the Captain, ' I ken nae use that would be to me.' " ' But your Lady may like it,' replied his Lordship. " ' Weel, than ' (rejoined the Captain) ' his Majesty may knight her if he pleases ! ' "To be again serious — I would like to have a restoration of the honor, as well as my cara, and shall thank you for your assistance. — I have the honor to be, with sincere esteem, yours, P. Murray Threipland.' " 1 1 It was not until 1826 that Sir Patrick Murray Threipland recovered the honours of his family, after having petitioned George lY. when he visited Scot- land in 1822. CORRESPONDENCE. 45 3 111 the next letter there is indieatioii of the faihiii^- hcahh, which from this time forward told heavily against Mr Erskiiie's work, hitherto carried on with so much activity and zeal. In succeeding years frequent visits to Harrogate and Buxton became necessary ; from these places mucli of his correspondence was dated. Lord Biiclian to Mr Ershine. " My dear Brother, — I intreat of you to avoid to-day much exertion in speaking after dinner. Remember that even in reading aloud a few evenings ago, from Cobbett's paper, you found inconvenience. Do not prolong your sit- ting with our friends beyond the bounds of prudence. Come rather soon away, and look in here, where you will find Lord Armadale, and other converted infidels. — Yours affectionately. " BUCHAN. "S. Castle Street, ^ past 4." On the 16th August, Lord Leven and Melville reminds his friend and cousin, the Lord Advocate, of " his pretension to attempt the representation of our peerage," and states that he has also written to his " cousin, the Ld. High Chancellor," on the subject. While there was much sympathy between Lord Kellie and the Erskines on political and family matters, as shown by their correspondence, it is pleasing to see that there was no less of good feeling shown by the head of the house of Erskine, John Francis, de jure Earl of Mar, to whom were afterwards restored, in 1824, the forfeited titles. Thus he writes: — "Ckamond House, Wi of Jany. 1S07. " My dear Sir, — It gives me great pleasure to liear that Buxton has succeeded to our wishes. Some time ago I men- tioned to you a rep(»rt that his fh-ace of Argyle liad intonlinus 454 HENRY ERSKINE. of parting with liis property in Clackmannansliire. You tlien seemed to think that it might be worth your while to make inquiries about it — which emboldens me to trouble now to assure that Dr Coventry has been there to value the land. I shall get every particular from him about them. It would give us all unexpressible pleasure if you found it convenient for you to purchase it, as it would give us some chance of the clan getting back some of their influence in that quarter, as his Grace has [ ] votes. If these fall into Crawfurd Tait's hands, my son need never expect to make head against his neighbours, and possibly he would have no reason to think that my grandson would ; and I see little prospect of our honours being restor'd, which I confess hurts me. " I beg leave to remind you of my poor niece and her mother ; surely [part] if not the wdiole of the pension might be got for them. Oh, do not neglect them, I beseech you. Consider they depend upon my life, and I am going 66, and worn down with numberless afflictions. — I am, with great regard and esteem, my dear sir, your sincere friend and kins- man, ■ J. F. Erskixe." On 12th January 1807, Mr Adamson, of St Andrews, writes to recommend one of the candidates for the Chair of Mathematics, in the gift of the Crown — namely, " ]\Ir Thomas Chalmers, minister of Kilmenie, who is," he says, " related to my children. . . . He is an universal genius, and w^ould certainly be a very useful professor here." May 10 til. — " ]\Irs Anne Boscawen^ presumes on the Lord Advocate's great kindness to trouble him with licr distress. The fatal Bill to extend Marlborough buildings has been approved by the Committee, owing to there being six enemies 1 "A lady of courtly and literary fame ; she lived long in St James's Palace ; she was a patroness of art and talent : the Kemble family and Tiekell the poet ■svere especially protected by her. Tickcll's daughter, I believe, lived with her." — Note bv lleurv David, Earl of Buchan. BELL ROCK LIGHTHOUSE. 455 and but three friends. She has no hopes but in the L(jrd Advocate's goodness. . . • Sir George Colebrooke also is ' quite in despair.'" The writer concludes with a hope that " the Lord Advocate and Mrs Erskine will stay in London for her masking fartyr In no measure which it was ]\Ir Erskine s duty to Ijriug forward during his short tenure of office did he find more un- alloyed satisfaction than in the Bill for the Bell Eock Light- house, which he was so happy as to carry successfully through Parliament. This was not accomplished without considerable opposition, strange as it may seem. An attempt had been made three years before to get an Act passed for this most necessary work, the design and estimates being those prepared by Eobert Stevenson in 1800. As Mr Erskine explained in his speech in the House of Commons, the peculiarity of this Eock is, tliat it is quite covered at half tide, so that few vessels that touched upon it ever get off. Still selfish opposition to the Bill, such as only an intangil^le corporation could be guilty of, came from the City of London. Too great a range of coast, they con- sidered, was included in the proposed collection of duties — too great, that is, to be compatible with their interests. In a fearful storm in the month of December, H.]\LS. " York," 74, went down with every man on board. The coast, strewed for miles with the fragments of many a gallant ship, told more eloquently than any human voice could do, of the absolute necessity for a light upon the Bell Eock. One of the most interesting of the letters in Mr Erskine's correspondence is that in which Eol)ert Stevenson writes, at considerable length, to the ex-Lord Advocate, detailing very minutely the progress of the work then drawing near to a triumphant close. Though partly ofticial in style, the letter is eminently suggestive of tlie mutual satisfaction of two good men in view of the happy conclusion of a w<.vk th.-y liad 456 HENRY ERSKINE. close at heart. Tlie letter is dated " Bell Eock Work Yard, Arbroath, 16th August 1810." The writer "trusts in two or three months tlie house will be ready for the exhibition of a light." He speaks also, among other causes, of the "fixed determination to overcome all obstacles, which has led to the completion of this work in little more than half the time as- signed to it : " the premises whence he dates his letter had been taken on lease for scxen years, and " the foundation-stone was laid upon Sunday the 10th of July 1808," little more than two years from the expected completion. Some idea of the powers against which a contest was waged in the execution of the work, may be gathered from a sentence in this letter : " Now, although the elevation of the sea by the influence of the tide seldom exceeds sixteen feet, yet in the month of June last, when the building was seventy feet high, the workmen were actually beat off the walls by the sea-spray. If such, then, were the effects of a summer gale, what must be the appearance of a storm at the Bell Eock in winter ? " Doubtless the fact that the foundation course is upon a level with low water at spring-tides was sufficient reason for the commencement of this nol)le work of mercy on a Sunday, a circumstance which has not apparently been mentioned in the life of Eobert Stevenson, but which seems worthy of note. Mr Stevenson's letter closes with earnest expressions of regard, such as — I am informed — the family of the great Engineer re- member to have heard expressed by him more than once : and an eloquent testimony to the active interest shown by Henry Erskine in this patriotic scheme, although, seeing he was now no longer in office, or in Parliament, there was no apparent reason why such a report should have been made to him at all, further than the dictates of his fellow-worker's good feeling. " I feel myself," lie writes, " particularly called upon to address you, from the labour you bestowed in moving the Bill for the work, and carrying it successfully through Parliament. Allow mo MEMJ>ER FOR DUMFRIES. 457 further to add, that while I live, I sliall always remember with gratitude that condescension of manner which makes all around you feel at ease, and which I experienced wliile I liad the honour of attending you during the progress of the P>ill." There seems to have been considerable anxiety as to ]\Ir Erskine's securing a seat in the new Parliament. Mr Adam had, with this object, evolved a very complicated scheme, neces- sitating a round of changes in Scotland and England, which he disclosed to Lord Grenville in a letter dated Darlington, 2 2d October 1806 — that is, within three weeks of the assembly of Parliament. Three days after, however, on coming to Edin- burgh, he found reason to alter his plans completely. He wrote to Mr Erskine telling him " there is nothing Lord ( Iren- ville is so anxious about as your being in Parliament at its meeting, both for general reasons and for the particular reason of the judicial system ;" and that there was almost a certainty, by the help of Lord Selkirk,^ David Cathcart, and Gilbert Laing, of his being returned for the Dumfries Purghs. " I think there is," he adds, " no chance of failing, and there is none whatever of expense." Eather than represent a district with which he had no con- nection, or one in which he could take but little interest, Mr Erskine would have much preferred the attainment of his cher- ished desire of representing his own county in Parliament; but on every occasion the influence of the Hope family was found to be paramount. On the present occasion an attempt was made, the result of wliich is communicated in the follow- ing characteristic letter : — 1 Lova Selkirk lia.l ulicady on the 12tli September written to ^Ir Erskine, pressing ni)on him the necessity of liaving a candidate in the Government interest named for these Burghs, seeing that General Dirom, who was connected with the Dal- keith family, might disa])])nint tlumi hy rarrying his independence too far. 458 HENRY ERSKINE. Sir Alexander Seton to the Lord Advocate. "Preston, Noo''- 10, 1806. "... The campaign of the 10 th fell far short of my wishes. I have the satisfaction to think that, considering circumstances, we did as much as coud be expected, and that the 12 Apostles, as Sir W"'- [Cunningham] calld us, made a respectable appearance. " I had the honour of proposing you as candidate for the county, in opposition to Gen^- Hope, named by Mr Marjori- banks, and was seconded by ]\ir Hamilton, the only one who lost temper on the occasion, in a violent attack on Home ; but there was no preventing the ebullition, otherwise the meeting passd very quietly ; and Eob*' Dundas, as Preses, behav'd much like a gentleman. " Your particular friends, and I believe the whole meeting regreted the cause of your absence. We hope to hear good accounts of you soon, and en attendant are happy to learn that your canvass in the west will be attended with success ; and in generall thro' Scotland, that the Whig party will receive a considerable accession. Your friend Maxwell, even in ab- sence, has certainly carried this district, in opposition to Sir Cha'- Ross, the Hopes, and Melville. The Doctor ^ carried the delegatship for 'Lithgow in spite of them. "Your son did the honours of the chair nobly, and bad Mar and me on the right and left ; i\Ir Hunter, Sir W"-' and Sir Ja^-' croupiers. The dinner was well servd, tho witJwut venison, till the deer park at Amondale be stock'd. I break- fasted next morning with your son and Mr Inglis, and took occasion to remark that the contest shoud not be considered as ended, but that in your absence we shoud be as assiduous in attention to the county as if a new election was to happen next year, and that his principal application shoud be to those 1 ProbaLlv Dr Andrew Dud can. AN ELECT/ ON DINNER. 459 wlio luul liitcly been our eiieiiiys, to prevent that anticipation which happened hist year. . . . The Doctor and 1 have notliing personal to trouble you witli, but we have a near relation, &c. Ultimately, in November 1806, Mr Erskine became member of Parliament for the district of burghs consisting of Dumfries, Kirkcudbright, Annan, Lochmaben, and Sanquhar. No details remain of this election ; it was probably as quiet an affair as his former return. From one or two letters of Lord Selkirk's regarding the constituency, it seems probable that he was in- strumental in securing the seat for Mr Erskine. This Parlia- ment was dissolved on the 29th April 1807, and, though he offered himself again in Linlithgowshire,^ he was not again returned. It was upon this, or some similar occasion of an election contest in Linlithgowshire, in which the Hope and Cunyng- hame families were opposed, that the extraordinary character, William Baiilie, Lord Polkemmet, distinguished himself, as he usually did, by his eccentricity and uncouth dialect. The Hopes, of course, were victorious, and the friends on both sides, somewhat unwisely, proposed that the late competitors should dine together. At a late and hazardous stage of the enter- tainment. Lord Hopetoun, who acted as croupier, did his best to rise and propose as a toast, " Up with the Hopes, and down with the Cunynghames." AYhereon Sir William Cunynghame of Livingstone got up in a high passion, and was proceeding towards Lord Hopetoun to enforce his views regarding tlie toast, when Baiilie sto])ped him by interposing his gaunt person, and addressing Sir William in the interests of peace, in slow and pompous manner, gesticulating with his long broad hands. The angry baronet, furious at the impediment, pushed ^ At the geufial ek-etioii in ]\Iay 1807, the votes in Liulitligowsliire were,— "fur the llonl.le. Alex. Hope, 28; f<.r the llonl.le. Ileury Er.skiiu-, 15. "—See AV(j/6- Mnrjnzinr. 46o HENRY ERSKINE. Polkemmet aside, oivinoj him at the same moment a blow on the side of the head, on which the latter, in just indignation, called out to the croupier, " My lord, my lord, he's gi'en me a gowf on the lug ! " The piteous accents and gestures of the complainant had the happy effect of raising a burst of laughter, which banished discord for the time. They " burnt powder " the next day, however, but without any serious results. Wlien Baillie was made Lord Polkemmet, he thought it necessary, it seems, for some reason, to alter his signature, from some such feeling, it has been suggested, as that which caused the Oliver to increase perceptibly, while the Cromivell as sensibly diminished in the case of the Lord Protector's sig- nature.-^ It was one of Henry Erskine's stories that Polkemmet was heard explaining the matter to his clerk. " You see, James, I maun sign ma name noo in anither manor. Noo it maun be wee donhle ou, — wee ee, — tick, tick, — muckle Baillie — v:i : Baillie." The most noteworthy incident in the history of the Scotch Law Courts which has occurred since the sixteenth century, was initiated and partly brought about during the tenure of office of Lord Advocate by Mr Erskine, though he did not live to see judicial improvement carried out to the full extent of his scheme. The subject is obviously of a nature far too techni- cal to be discussed in a sketch such as this is ; but as the matter was one which occupied Mr Erskine's energies for a period far beyond his brief term of office, it cannot be passed over without notice. The evils which led to tlie Bill for the better regulating the Courts of Civil Justice in Scotland, and for establishing Trial by Jury in certain civil cases, were not ' ** It is Noll's signature, sure enough," said Dcsborougli, dropping his under jaw ; " only every time of late he has made the 0Hvc7' as large as a giant, while the Cromiccll creeps after like a dwarf, as if- the surname were like to disappear one of these days altogether."— Woodstock, chap. xvi. REFORM IN THE COURT OF SESSION. 461 now fur tlie first time complained of; indeed, with regard l5 liarly distasteful to certain ineml)ei's of tlic profession. One of tliese was the startlini;- innovation of tlie .indite, " adjustin.u the record by settling the i)oints upon which l)oth parties were agreed, and fixing once for all the course to 1)C pursued in tlie ensuing trial." Some of the old hands, including certain of the Committee of Advocates deputed to report on the proposed changes, were in ecstasies of merriment at the idea of the Lord Ordinary being employed ''to win orcr parties to make sucli admissions as might save the expense of a jury trial." Ao-ain, the fact that there was in this rigidity of arrange- ment before the commencement of trial no provision for the mending and patching up of a cause, as it worked its way through the Court, was especially repugnant to another class of practitioners, — namely, certain agents who were typified by a worthy called " Endless Willie," whose occupation would be as good as gone if this newfangled idea took root at the Par- liament House. He is described as a " man of extreme in- genuity, whose custom was to pay little or no attention to his causes till they came to the last reclaiming petition in the Inner House. He then began seriously to exert himself, and was always able to devise some new plea or statement which the Court was compelled to remit to the Lord Ordinary, and so the litigation set off on a new career." ^ It may easily be imagined what the result would have been in the case of a litigant of the stamp of Teter Peel)les, with such an ingenious practitioner for his agent.^ 1 Mr Erskine did not live to see the new system established in the confidence of the nation. Indeed, so recently as 1825, such misapprehension and prejudice prevailed on this subject, that a comprehensive volume, entitled E^'amination of the Objections stated against the Bill for better regulating the Forms of Pro- cess of the Courts of Law in Scotland, was publislied by Professor George Joseph Bell : Edin., 1825— p. 94. This an- Mr Iklfonr, wlio was walk- ing a little lame, Henry Erskine addressed him : — " Sorry to see you so lame, l^alfour ; wliat has happened { " The Commissary proceeded to explain, with even more than sesquipedalian diction, that "in his passage, l)y the usual awk- ward contrivance, from one field to another of his hrother's property, where he had sought a little relaxation, he had the misfortune to sustain a fall," &c. Whereon Erskine replied, " Well, Balfour, it's a mercy it was not your own stile, or you would certainly have broken your neck." Mr Balfour was very vain of his singing, and it was aiwopos ^^i this circumstance that Henry Erskine wrote his satire The Old Woman and her Ass, which has been printed; though without this explanation the piece reads somewhat flat.^ The Ministry of the "Talents" was short-lived, and came to an end through the mistaken efforts of Lord Howick to effect a partial emancipation of Eoman Catholic officers of the fleet and army, and to allow them an extension of rank. The Bill was a blunder, seeing there was no grievance to be righted ; and was merely an " attention " to the feelings of Eoman Catholic officers who served legally in Ireland, l)ut were subject to disabilities on being called to England, simi- larly, as in the case of a Presbyterian officer serving out of Scotland, an Act of Indemnity ^ relieved them of all respon- 1 It is so printed in the Glasgow College Album for 1840, tlie editor of which states in a note that he had been intrusted, tlirough tlie kindness of a friend of the poet's, with the loan of a MS. volume of poetical pieces hy the Hon. Henry Erskine. The editor might have been more happy in his selection. 2 See State of the Case, Lond., 1807, p. 3. The fall of the " Talents" was the occasion of much poetic sarcasm, in which Lor.l Erskine was as roughly handled as any of them. Thus they wrote of him — "Ah, little thought / cm that day, ■ Wlien stockingless /took my way From Edinburg' to town, 468 HENR V ERSKINE. sibility. But the introduction of this measure gave the King the wished-for opportunity of getting rid of the Ministers he dishked. One short sentence from a standard work may be quoted in this phice. Lord Erskine's brief experience of office is referred to. With the change of not more than a word or two the passage will apply with almost equal force to the case of his brother. " That only one short year of judicial life sliould have distinguished an advocate who retained for the That /should ever rise so higli, And tlierefore could not think that / Should come so suddenly down." — Groans of the Talents. The satirical literature of the period of the *' Talents " is very extensive, and in it, on the whole, Lord Erskine is not very unfairly dealt with — always, of course, excepting the coarse vulgarity of the Satirist. Besides certain graceful verses of the Anti-Jacobin, there appeared Elijah^s Mantle, attributed to Canning, but which would appear to have been the production of Mr James Sayers, the carica- turist ; The Uti possidetis <& Status Quo, originally published in the Anti- Jacobin; All the Talents, with its dedication "to the Emperor of China," by Eaton Stan- nard Barrett, it is believed; The Groans of the Talents; All the Blocks/ a Parody on Elijali's Mantle; &c. Occasionally there were lines in some of these that rose above the average of burlesque. Thus Lord Erskine's closing career was foreshadowed — " Yet now, perhaps, imagination's ray May grow more temp'rate with his closing day ; And as its ardors toward the horizon tend The pale cold orb of Reason may ascend." —All the Talents, p. 24. It was in reference to the sudden collapse of the Grenville Ministry that the story is told of Lord Hermand. The great news had reached the Parliament House early in the day, and he was hastening over to the New Town to spread the welcome intelligence. He went by the Earthen Mound, as it was called, which was, until a recent period, the favourite resort of caravans of wild beasts, &c. As he went, he muttered to himself with characteristic fervour, " They're all out, —by the Lord Harry, they're all out,— every mother's son of them;" which, being overheard l)y an old woman whom he met, she threw herself into Her- mand's arms, exclaiming, "Oh, save me, then, and my children !" The poor creature was mistaken as to which wild beasts were "out." A K/.S/A'/.A' /.OAVJ AVyOCATE. 46'J Ion" space of twouty-eight years the most proiuiuent place at the" British Bar, would naturally excite surprise were it not for the recollection that the party to which he was attached was during that period wholly deprived of the power of select- in.- the law officers of the Crown, except for an equally short interval at the beginning of his career, when he was too young and inexperienced to expect promotion." ' When Mr Erskine assumed the office of Lord Advocate, John Clerk became Solicitor-General. The influence which two such men might have had in advancing sound public opinion in Scotland, was not so apparent as had been anticipated The moving Minister in Scotland was at this tune Lord Lauderdale, whose extreme Jacobin opinions, though under- croinc a change for the better under the influence of official responsibility and royal favour, were remembered agamst him. In Scotland, as in France, his reputation as the former friend and associate of Brissot the Republican, was not calculated to inspire confidence. " Personally," writes Lord Cockburn, " Erskine was excellent, liberal judicious, and beloved, but he deferred too much to the crochety positive disposition of Clerk, who, a good man himself, was inclined to domineer over the gentler nature of Erskine, whose health, moreover, was not good." AH this mi-ht have been' remedied had time been allowed, but it seems hardly reasonable to have expected that any such result as that looked for could have been achieved during their buet tenure of power. One qualification, said to be of consequence, in the eyes of some, for the post of Lord Advocate— namely, a goodly presence in the House, Mr Erskine possessed to an eminent degree. Fercruson of Bitfour it was who remarked, "We Scotchmen alwlys vote with the Lord Advocate, so Nve like to be able to see him at the close of a debate." . Foss's/«rf;,« of E,„jla,uU vii. 268. It was calcul.tcd tl.U Lor,l Kr..ki„.' tcmuc of office extciulea to exactly a year, a month, and a day. 470 HENRY ERSKINE. While the fate of the Government was still nncertain, Mr Erskine was in London. On the day when news came down that the Administration had ceased to be, he arrived early in Edinburgh. His next-door neighbours in Princes Street were at that time the family of " his intimate and greatly valued friend " Alexander Eraser Tytler, Lord Wood- houselee, father of the historian. They knew well what a blow to the hopes of Mr Erskine this change in affairs must be, but they, with kindly feeling, refrained from going at once to give the welcome home, which they would have done in ordinary circumstances, till they learned how. much — or how little — the Lord Advocate was taking the matter to heart. So the Ty tiers, well acquainted with his habits, waited on till about five o'clock, knowing that, having dined at his usual hour, if all were well, about that hour they would hear the sound of his violin. Punctual to the hour they listened and heard the well-known airs from his favour- ite Correlli, as if nothing of any consequence had happened, and knew that they might look in to ivdcome, if they could not condole. How completely the political exigencies of the time had been the means of depriving Mr Erskine of promotion in his profession, may be gathered from a glance at the list of Com- missioners appointed in 1808 to superintend the working of the new regulations for the law courts. The majority of tliese were men of his own standing, some of whom had been rivals at the Bar, but not the less friends for all that. Amongst the names upon the list are those of Lord Melville, late Lord Advocate; Sir Hay Campbell, late Lord President; Lord President Blair; Charles Hope, Lord Justice - Clerk ; David Boyle, Solicitor-General ; and three representative advocates, of whom the junior was the Hon. Henry Erskine. Still — as all his contemporaries bore witness — tliere never was the slightest trace of jealousy in regard to any of his more CASE OF THE REV. DONALD M^ ARTHUR. 47 » fortunate brethren of the law. '' He was so utterly incapable of rancour," says Lord Jeffrey, " that even the rancorous felt that he ought not to be made its victim." With respect to one of these— namely, Charles Hope, there could not have been any such feeling. His unselfishness has been already noticed, and would not be likely to be forgotten by a man of Mr Erskine's sympathetic nature. One of the most picturcsciue passages in Lord Cockburn's book describes touchingly the emotion felt by Henry Erskine on the death of President Blair, his friend, and antagonist m many a legal contest. "Next day," writes Lord Cockl)urH, " the Court was silent, and adjourned." At a hastily called meeting of the Faculty, " Henry Erskine tried to say some- thino- . and because he could only try it, it was as good a speech as he ever made. The emotion and a few broken sentences made this artless tribute, by the greatest survivmg member of the profession to the greatest dead one, strikmg and beautiful."-^ In the year 1808 was concluded an affair which created great excitement throughout the country, and proportionately added to the already widely spread reputation of Mr Ersknie. This was the case of the Eeverend Donald M' Arthur, nnmster of a Dissenting congregation at Port Bannatyne, in the island of Bute, against John Campbell, Esq., of Southhall, J.P. It appears that the prosecutor had originally been a cobbler, afterwards a seaman, as Lord Newton expressed it—" navigat- ing a herring buss," and " in some measure carrying on the practice of a herring curer and carrier," which occupations he had quitted in 1801 ; and finally, having been ordained in 1804, was minister in a regularly constituted chapel of the Baptist comnmnity. On Sunday the 20th October 1805, the pursuer, while conducting public worship on the sea-shore at Collintray Ferry, was suddenly seized in the midst of his con- 1 Memorials, p. 256. 472 HENRY ERSKINE. gregation by the defender, who without warrant, as was alleged, proceeded thus to the disturbance and interruption of the worship of God ; and carried the unfortunate minister, by sea, to Greenock. Landing a few miles from that place, he was confined in a small inn during the night, and in the morning marched " as a common felon," and delivered over to Captain Tatliam, as a fit person to serve in his ]Ma- jesty's navy. An interdict, granted by Lord Bannatyne, could not be served, as the sufferer had been speedily conveyed on board the " Tourterelle " frigate to Ireland, beyond the jurisdiction of the Scottish Courts. Similarly, to defeat a writ of haheas corpus, the minister was in all haste carried to the Downs. It was not till 27th November that the Admiralty were pleased, on urgent representations made to them by Mr Erskine, to direct his discharge, and to release him from the hardship and indig- nity he w^as subjected to. Their lordships were induced at the same time to grant Mr ]\I'Arthur a certificate, to the effect that he was never again to be impressed for bis Majesty's ser- vice. The complaint, wdiich specified these facts, closed with a claim for £2000 damages against Mr Campbell. The defender could not allege that he had any press- wan^ant when he thus dealt with the pursuer, but he urged that he disapproved of the doctrines exiDressed by Mr M' Arthur on the question of the lawfulness, or otherwise, of war ; and spoke of seditious discourses, without, however, " condescend- ing" as to the occasions of such speeches. The Lord Ordi- nary (Meadowbank) found for the pursuer with solatium of £105. Mr Campbell presented a petition to the whole Court, consisting of Lords Xewton, Eobertson, Glenlee, and the Lord Justice-Clerk, against this judgment. The opinions given by the different judges are chiefly interesting from the view they afford of the customs regarding the impressment of seamen. T>ord Xewton, who dissented from the terms of the judgment, exphiiiKMl tliat it was quite lawful to take a seafaring man ILLEGAL IMPRESSMENT. 473 skulking al)Out on shore, and let him serve the King, rather than any otlier master, for ten years. He did not consider that it had been shown that Mr M' Arthur had "left tlie sea;" and though it would be cruel and unjust to impress a man settled in another profession, yet, " if a sailor be merely Imlandno about leaving the sea, or only taking trial of another profession, this will not be sufficient to exempt him from the impress." The Lord Justice - Clerk, who took a difierent view, in- stanced the cases of two of Mr Cunningham the jeweller's men, an apprentice and a journeyman, neither of whom luul long left the sea. The former was held to be lonnd, whereas the^other had merely begun to work at day's wages, and this was not considered to be such a " dereliction of the sea" as to exempt him from the impress. It was unquestioned that the form Mr Campbell's argu- ments took in reply to unpalatable doctrines were of the roughest description; and the Court in their finding more than insinuated that the steps taken were in effect color qucesitus, with a view to getting rid of an unpleasant neighbour. In the end the sentence in favour of Mr Erskine's contention was affirmed, with indemnification of all expenses. Anderson, compiler of the Scottish Nation, has stated with regard to this little known case, what does not appear in the report, that the prosecution, which it is said resulted in a composition of £500 to escape a heavier penalty, was under- taken by Mr Erskine "at his own risk," and that "to his generous interference in this case the friends of civil and religious liberty are greatly indebted, as since that time no one has ventured in Scotland to interfere with the persons of those who are engaged in religious instruction, however humble and unprotected." It wouhl, indeed, be dillicult to imagine an incident better .•alculated to take the popular fancy in Scotland than the ^ r)iu'li;iiian'.s Rcporh, ]•!>. 00-7-2. 474 HENRY ERSKINE. chivalrous defence of the poor and ]Derseciited Baptist preacher by the noble-minded Harry Erskine. Such generous traits of character as these, which were not of rare occurrence, gained ]\Ir Erskine a reputation that found expression in a casual remark by a poor man which he little knew would be accepted, and repeated from one generation to another, as an epitome of his hero's character. The oft-told tale is tliis. The honest man in a remote part of the country had been advised by the lawyer, to whom he applied for advice, not to contend with some wealthy neighbour at whose hands he had been aggrieved, on account of the ruinous expense he must incur ; but he instantly replied — " Ye dinna ken what ye're saying, maister ; there's no' a puir man in a' Scotland need want a friend, or fear an enemy, sae lang as Hairry Erskine lives." Many and various, it will be believed, were the tributary offerings made to Mr Erskine by grateful and admiring clients, though unhappily it did not occur to any in a position to do so, to follow the example of Mr Kant in his approbation of Thomas Erskine's conduct. One instance of such grateful recognition of professional ser- vice is recorded. At a very late hour one night Mr Erskine was informed that a lady had arrived in a chair, and was in the hall below, most anxious to speak with him. He, with the courtesy habitual to him, instantly rose and descended to the hall, where he was saluted by the two Highland chairmen with the broadest of grins. They proceeded to open the chair, when there appeared no " Lady in Green Mantle," but a goodly keg of Highland wdiisky. The odour of peat- smoke with which the hall was filled left no doubt as to the lady's origin. Without asking too many questions, Mr Erskine sent n message of thanks to the donor, adding — " And if the lady has any sisters, I should be glad to make their acMpiaintance, and to see a little more of the family. — ♦ ' JNDErENDENCE. " 475 Such young gentlewoiiKiU would l)e sure to enliven any su- c'iety," and so on. As the last years of the eighteenth century passed away and the next began, by degrees a phrase came into vogue with the necessity for it — it w^as the " Independence of the Scottish Bar." For many years — in fact until the great dinner given to Lord Erskine at Edinburgh in 1820 — the only great gathering of the Whig party was at the annual celebration of the birth- day of Charles James Fox, " a man dear to the Friends of Freedom." On such occasions the utmost latitude was taken in regard to the toasts proposed, — " The Eights of the People," " Constitutional redress for the People's wrongs," " May the People of Ireland speedily be restored to the blessings of Law and Liberty," and " Our sovereign's health — the Majesty of the People : " and many such daring sentiments, which were wont to be received with applause. The latter toast, by the w^ay, cost the Duke of Norfolk his " Lieutenancy in York- shire, and liis regiment of militia." Happily it is with ideas of a much milder description that we find Mr Erskine's name connected on one of these occa- sions. At a meeting of the Whig Club in London, on the 24th January, the company at the same time drank the toast of "Lord Erskine and Trial by Jury;" and afterwards to " Henry Erskine and the Independence of the Scottish Bak." The use of the phrase in this connection, it is believed, had reference less to Mr Erskine's controversy w4th the Faculty (though doubtless that incident was a striking example of what was meant) than to a recognition of his persistent opposi- tion to a high-handed ordering of things, whether in the shape of oppressive legislative measures, or on the part of those at the head of the profession ; and a steadfast refusal of all pro- motion that would have involved a severance from ]>olitical principle. 476 HENRY ERSKINE. Such consistent adherence to the line of duty was not with- out its effect : there is evidence that in the succeeding genera- tion at the Scottish Bar this fact was amply acknowledged.^ If the phrase has fallen somewhat into disuse, it is proof of the perfect triumph of the stout-hearted men who suffered, and sacrificed, much for the honour of their profession. Doubt- less there are gentlemen on the Bench, and at the Bar, in these days, who will tliink that some little lal)0ur is not ill spent in the endeavour to show what they owe to some of those who have preceded them. 1 Towards the close of a long life, J^Irs Archibald Fletcher placed on record a conversation she had held with Lord Jeffrey, the details of it bronglit back to her uaemory by the death of her friend. In February 1850 :Mrs Fletcher wrote to her daughter, who had married a brother of Sir Humphry Davy, — " I shall never forget the last earnest conversation I had with him. ... I said, ' I rejoice, Lord Jeffrey, to have lived to know that the Court of Session possessed the con- fidence of the country.' He answered, with great animation, 'Yes, Mrs Flet- cher ; but if it had not been for the indomitable courage of your husband in the worst of times, when he and one or two marc maintained the Independence of the IJar, we younger men would have been trampled upon, and the Court of Session would never have enjoyed the confidence of the country.' I have registered this saying in my heart of hearts, and I would have you engraft it on that of your children." — Autohiography, p. 280. EARL DAVID. 417 CHAPTER XVIII. DAVID, EARL OF BUCIIAN— OPINIONS REGARDING HIM — SHARP CRIT- ICISM — LITERARY SCHEMES — CARDINAL ERSKINE — LETTER OF BURNS— JOHN clerk's ETCHINGS— STORIES OF LORD BUCHAN— SIR THOMAS BROWNE — GEORGE WASHINGTON — DR FRANKLIN — "CEVALLOS ARTICLE "—SCOTCH REPRESENTATIVE PEERS— ROBERT BLOOMFIELD— LETTER TO GEORGE IIL— PRINCESS MARY— LETTERS OF THE DUKE OF KENT— THOMAS CAMPBELL REMINISCENCES CORRESPONDENCE. Some further notice of David, Earl of Buchan, in some respects the most remarkable of Mr Erskine's kinsfolk, other than the incidental references which have been made in the progress of this book, seems necessary. No man in Scotland was'' better known than the Earl of Buchan. During a long- period of his life the position he held was unique, acknow- ledged, and well defined. Unquestionably the popular estimate of this extraordinary man was mainly founded upon the won- derful measure of personal vanity which distinguished him. Still, it is impossible to read the numerous letters of literary men of that age, in which he is mentioned, without having the conviction forced upon one that he was a very able and learned man,— an opinion amply supported by the testimony of those who knew him best. While many thought him only absurd, there were others who considered him " ornamental to literature, and useful to mankind." Henry Brougham, '' his ain bairn o' the hoose," than whom no one knew Lord Ihuhan 478 HENRY ERSKINE. better, has recorded his opinion that he was much underrated.^ Arcliibald Constable knew him to be endowed with " qualities of sterling excellence, both mental and moral," and that, " in friendship he was active and sincere;" indeed he believed him to be "possessed with a spirit of friendliness."^ The venerable David Laing has written, and often expressed to the present writer, similar views. Nothing perhaps has done more to influence opinion in our time regarding the Earl of Buchan than the brief and not always complimentary references to him by Sir Walter Scott and John Gibson Lockhart. Everybody has read what they have written, while it is equally certain that comparatively few have had opportunity of knowing the opinions of other persons who had better means of forming a correct judgment of Lord Buchan's character. iSTo incident in th© life of Sir Walter Scott is more commonly known, or more frequently cited, when the Earl of Buchan is mentioned, than that of the deliberate arrangements which he made for the funeral of the great novelist at Dryburgh, and the means which he took to have Scott informed of his good intentions while he yet lay ill at his house in Castle Street. Still, the present writer has been assured by one who w^as most likely to be well informed, that there was a good deal of exaggeration in the effective narrative of what then took place. The story lost nothing in the telling at the hands of a writer who has acknowledged it to have been a characteristic of himself that in his efforts after what should be effective, or humorous, he was not always attentive as to what might detract a little from others.^ Tn fact, neither Scott nor Lockhart was quite 1 See Autobiogra2Jhy, i. 55. - Corresjyo^idence, i. 518. ^ There is no more curious passage in that remarkable book, Peter's Letters to Ms Kinsfolk, by John Gibson Lockhart, than that in which Dr Peter Morris is made to wiite to his friends in Wales his impressions of Edinlnirgh celebrities, among others of "John Gibson Lockhart," which are not altogether flattering, however correct the definition of the ]iopular estimate may be. POINTED CRITJCISAI. 479 the man to appreciate tlie bent of Lord Buclian's niiiid. It was essentially antiquarian in the best sense of that woid — that is, the sense in which it is employed in reference to iiicu like the late David Laing and Joseph Anderson, wliose adniii';i- tion for things old mainly appears in their efforts to preserve from oblivion what is most worthy of being rescued from the; tooth of time. Of antiquarian feeling of tliis kind Scott had not much idea ; he was " rather an observer of detached facts regarding antiquities than a regular student." -^ Thus, when Sir Walter wrote of Lord Buclian that he was a " cheap Maecenas," " a trumpery body," and so on, it may Ije understood, not so much — as Lord Campbell lias suggested — that Scott himself was then past his best, as that his thoughts were not quite in sympatliy with tlie objects literary, and of public utility, wdiicli Lord Buchan had at heart. Moreover, it is submitted, there is evidence that when we find expressions such as these — of unusual pungency — used in that age, considerable allowance should be made. The expressions were only " relative," it is believed. It appears there was a hravitra style then in vogue — in letter- writing especially — which must be taken for what it is worth. As has been cliaritably said with regard to some who in our day are loud in their cry against a Divine Providence, that they probably only mean a half of what they say; similarly this was but the form, perhaps, in which these literary gentlemen were wont to express their want of faith in one another. It is cer- tain that much that has been written in this style, may be said to have been intended for private use, and such tilings it is very unfair to quote as the deliberate opinions of the writers. Can anything, for instance, be more unfair than to cite as the mature judgment of Charles Kirkpatrick Sharpe that Milton's Paradise Lost was " a heap of blasphemy," or that he considered Sir Walter Scott to be " the greatest liar he ever knew, in antiipiarian matters"? Though it is perfectly true that he » Lockhart's Life of Scolf, i. 333. 48o HENRY ERSKINE. permitted himself to dash off such remarks at his friend's ex- pense, equally true is it that, for all that, Charles considered his Ballad Book hardly worthy of being inscribed to the man whom lie had in such ])lain terms described, but for whom, all the same, he was wont to express his affection in the most extravagant terms. In the same style were the sweeping remarks of Scott, wdio could see in Pinkerton and Joseph liitson only " ral )id num- skuls disturbing the tranquillity of the very impassionate study of antiquities." ^ Did not Scott describe his ow^n grand- mother as an "aivfii leer " .? Thus, it is contended, too much force must not be conceded to what Scott may have written of the Earl of Buchan, a man with wdiom he had no political sympathy, and with whose literary ideas his own were not in accord. The aims of Lord Buchan may be understood from what he in some degree succeeded in accomplishing. The Icono- gra'phia Scotica, which, in conjunction with Pinkerton, he was instrumental in producing, is still a work of authority, and has hardly yet been superseded by anything better of its kind. There is nothing more remarkable than the faith in Lord Buchan, which seems to have led many persons to hand over to him as the proper custodian what really were literary treasures of the highest value. For example, some thirteen volumes of MSS. of Drummond of Hawthornden, containing much that was till then unknown, were handed over to Lord Buchan by Bishop Abernethy Drummond, a member of the poet's family, for the benefit of the public, to whom the Earl did in due course submit them.^ Througli the kindness of his ^ Letter from Sir Walter Scott to Mr James Maidment, dated Walker Street, July [1824]. - A r|uestion seems to have arisen whether these papers had been given to Lord Buchan personally, as claimed by his Lordship, or only as the representa- tive of the Antiquarian Society. See David Laing's remarks on this matter in Archccologia Scotica, vol. iv., 1857, p. 59. CARDINAL ERSKINE. 481 kinsman, Cardinal Erskine, he was enal)led to add to tlie Library of the Society of Antiquaries documents of consider- able value — namely, authenticated copies in MS. of " Nine Bulls of Pope Honorius III. relating to Scotch affairs in the archives of the Vatican." These, it is understood, were the only papers of the kind in this country for many years, indeed, until the appearance of the work of the learned Father Augus- tinus Theiner in 1864.-^ A letter referring to further researches, from the ultra- Jacobite, Cardinal Erskine,^ to his Scotch cousin, may be read with some interest. Monsignore Carlo Erskine, Prelato Domestico di Sua Santita, to Lord Buchan. " Rome 1, May 1790. " My Lord, — I received two letters with which your Lord- ship has been pleased to honour me this winter, — the first by the British Minister at Florence, the other by Mr Coutts. I am infinitely obliged to your Lordship for having procured to me the pleasure of the acquaintance of Mr and Mss. Coutts, and their Daughters, and I wish that they may be equally satisfied of me : for although I have offered to them my services in all that has been in my power, yett my employ- ment and situation have not allowed me to do for tliem all that I would have desired, to show to them how much I valued your Lordship recommendation and their merit. 1 Veterana Monumenta Hibomorum ct Scotoritm Historiam illustr. &c. Romiv, typis Vaticanis, 1864. 2 Cardinal Erskine, born 1753, was grandson of Sir Alex. Erskine of Cambo in Fife (a branch of the Kellie family) and his wife, a daughter of the fourth Earl of Kellie.^ His father settled in Rome where Charles held the office of •' Avocato di diavolo " at the Court of the Vatican. Monsignor Erskine came to England in 1794 and was well received, though Sir Gilbert Elliot was very doubtful of the diplomacy of the astute ecclesiastic— See Letters, ii. 248. He became a Cardinal in 1801. '2 II 482 HENRY ERSKJNE. '' Mr Coutts is on the moment of leaving tins town, and has been so kind to charge hunself with the care of furthering this to you. " If at any time any person should coine here for which your Lordship would interest himself, I shall make it my duty, and it will also afford to me an extraordinary pleasure, to be employed in his services. Several Scothe have been in Eome this winter, but I have not had the opportunity of being acquainted with any but Sir Macpherson and liis companion Mr Macaulay, and my Lord Hume and Mr Cleghorn, whose estate is near Cambo. " I have not failed to make inquiries for the MS. of Malchus the Anachorite, which your Lorship mentioned to me in your first letter, as the persons employed in the Vatican have been very much occupied for some time, they could not make the researches necessary to find it : but I am promised that within a short time I shall have a satisfactory answer. " The contagion is spread to ^ and those subjects of the Pope are affected with the same disease with their neigh- bours. Here hitherto we are at peace, but God knows how long we shall be so. There is so good circumstances that the Eomans in general have no good opinion of the nation that has set the example. " I shall receive with infinite pleasure the notions of your worthy brother, who does so much honour to the name of Erskine. I had flattered myself with the hopes of opening a correspondence with him, and had taken the liberty of w^riting to him by Mr Andrew Stuart ^ who was here the year past, — but his too great occupations, as I imagine, have deprived me of the honour of his answer. It is much to be lamented that the performances of your other honoured brother at Edinburgh can not likewise be produced to the public. — I am, with sincere 1 Illegible. 2 Of Castleinilk, author of Hist, of the Stewarts, a correspondent of Lord Buchan's. LORD BUCIIAN AND BURNS. 483 esteem and respect, my Lord, your Lordship's most affectionate Cousin, and obliged humble Ser*- Car. Euskine. " I have spoken to H.RH. [Cardinal York] for tlie portraits of his family which your Lordship is wanting. I could not show to him your letter as it was deficient in the titles he assumes, yett he has promised to comply with your desire." ^ Much has been said,— and justly so,— in regard to his vanity and egotism. The former of these qualities was un- questionable ; with regard to the latter, it may be fairly said of Earl David, as Brougham has left on record regarding Lord Erskine, that his egotism took that form which is the very least offensive, inasmuch as it did not aim at detraction from what is due to others, but is rather the expression of a genial feeling, which seeks to enlist the sympathies of others in a worthy object One might think that with an intensely vain man like Lord Buchan, nothing would have gone down so well as flat- tery, — but not so; there was with him a just middle line, which might not be overstepped. This fact had hardly been sufficiently realised by Eobert Burns. More than one letter of the poet's to Lord Buchan has been preserved, written in his own strong rugged style, but withal a little obsequious. That dated 3d February 1787, in which the poet personifies " Wisdom " as dwelling with " Prudence," has repeatedly been printed. In this letter he likewise gives a couplet, meant to be only complimentary, but which the Earl thought too strong. While the letter — the original of which is in the British ]\Iu- seum^- has often been cited, the Earl's quaint endorsement on it, I believe, never has been noticed. This is his only comment on the contents : " Swift says ' Praise is like amber- gris ; a little is odorous — much stinks' " Instances in plenty might be given in which unselfishness 1 Lainsj MSS. " Add. MSS., Select Depart. 484 HENRY ERSKINE. the very opposite of a repulsive egotism was apparent. Only one instance out of many need be given. Lord Buclian took much thought and trouble to have laid before King George III. certain etchings of Scotch scenery, the work of John Clerk of Eldin, father of Lord Eldin, the Judge. This was at a time when the art was little practised or know^n in Scotland. It was in the year 1786, that this presentation took place, after some correspondence with ]\Ir Barnard, the King's Librarian. But it is not, it is submitted, the thought of a selfish man, or of one anxious to magnify himself, that appears in the postscript of a letter to ]\Ir Barnard, — " ]\Ir Clerk is a most ingenious and excellent man, and the whole family is so respectable and amiable, that if his Majesty is pleased to order any notice to be taken of this communication, it would be a great pleasure to me if it should be addressed to Mr Clerk rather than to me." The " enhanced " style of diction which has been mentioned was as much a characteristic of the Earl of Buchan himself, as it was of any of those at whose hands he is alleged to have suffered by reason of this peculiarity. It was even more strik- ing in his case, seeing that he was wont to give practical expression to this habit. There seems to have been in his humour something American, or French, rather than native — somewhat of the exaggeration which has made the eccentricities of Mark Twain or of Cham so amusing in our day. There was, perhaps, more than stupid self-conceit in his reply to a fellow-worshipper in St George's wdio inquired on one occasion if he had been at the forenoon service at that church. " No," answered his lordship — " my mitts are left on the desk of the front pew of the gallery, and the congregation, when they see them, are pleased to think that the Earl of Buchan is there." Everything depends upon the manner of tlie speech in such an incident. The words remain, but the look has been lost. In aU seriousness, however, was the incident which has been re- corded, of his mentioning an able paper on Optics that had ''DEUCJyE M US A rum:' 485 just been written by one of liis " sons," ^ a certain David Brewster ; and was making a stir. The Earl added, witli im- pressive solemnity — " You see, / revised it." Many stories of this sort have been related, in wliicli it is difficult to say liow much of seriousness or of humour they contain. Perhaps it was something of the exaggeration spoken of, that fired Lord Buchan with the notion of improving upon, or outdoing, the taste for classical reproduction then in vogue, which had led Lord Monboddo to wreathe his supper-table and wine-decanters with flowers, and to experiments of a descrip- tion similar to the " Entertainments in the manner of the Ancients" described in Peregrine Piclde. At all events his Lordship, in an unlucky moment, contrived a scene which he hoped one of his artist proUgis might perpetuate on canvas. Nine young ladies of rank^ were selected, who should personate the Muses, while Lord Buchan received them in the character of Apollo. The young ladies and their host were of course in the proper costumes, but, unhappily, classical model had been followed somewhat too closely in the case of the small boy who supported the character of Cupid, and entered bearing in one hand the regulation bow, the tea-kettle in the other ; but 1 It was one of the Eavl's conceits to style everybody wlio was named " David " his son, — that is, if they Avere likely to be creditable to him. David Laing had the honour to be one of those sons of Lord Buchan's adoption, so the good old man informed the present writer. This fancy may account for the formula regarding David Riz (p. 83), which is not clear without some such explanation. 2 Miss Grizzel Baillie is said to have been one of these. The reverend author of that scandalous production, the Toivn Eclogue, Edin. 1804, after the publication of which he thought it best to absent himself, has nothing worse to say regarding these vagaries of Lord Buchan, or concerning his brother, than tlie following lines — had there been worse, doubtless it would have been said : — ' ' Bids a mock angel his bombast rehearse, And whips a chit for blund'ring at a verse. Steams of weak tea, like curling incense spread, Wreathe round the president's belaurell'd head ; Who but such inconsistent folly shuns, Worse e'en than H[arr]y's stale concocted puns ? " 486 HENRY ERSKINE. with no more than the scanty amount of drapery to be found in ancient sculpture. The Muses were appalled — as well they might be — and with one mind, and " nyne- voiced mouth " as a royal poet hath it, ran giggling and screeching from the room. " But," adds a narrator, " the classical scene had taken "place, and therewith Lord Buchan was content, even though the world chose to crack its sides with laughter at him." It has been constantly said that Lord Buchan took credit to himself for having completed, at much personal expense, the education of his brothers. This statement has been re- peated in every notice of the Erskines. Yet it was distinctly affirmed by Henry to be erroneous. Indeed a comparison of dates is sufficient to show that " education," as the term is usually understood, could hardly have been intended. Wlien the old Earl, their father, died in 17G7, the two brothers had already received their education ; the elder was upon the point of being called to the Scottish Bar — while in the case of Thomas, liis schooling, such as it was, had long been over, and he was then about to become an officer in the 1st Eoyals. Still there is reason to suppose, after a perusal of the family letters, that the Earl's boast may have been founded on the fact, that certain fees due by Thomas Erskine on his subsequent entry into the legal profession were paid by his eldest brother. In a letter from Lord Buchan to Dr Anderson, dated 21st Ajml 1810, this passage occurs: "Pray mention to him [Mr John Bell] the friendship that has long subsisted between my family and the Bullers. I placed, indeed, my brother Erskine with him as a special pleader." It is quite possible that some of the final payments, before Mr Erskine's actual call, or admission, to the Scottish Bar, may have been defrayed by the young Earl, his brother. In all of the numerous instances which have been preserved illustrative of the exalted talk of the Earl of Buchan, it is believed that a foundation strictly correct may be found, but underlying a coating of ornament more or less florid and AMERICAN COUSINS. 487 effective. Thus, when he would with pride assert that Sir Thomas Browne was Ms grandfather, the statement, though obviously absurd as regards the proximity of relationship, had yet some measure of truth in it, as has been already shown. This was only Lord Buchan's manner of expressing his pride in the author of Edigio Medici, his ancestor. Earl David was wont to speak of George Washington as his friend and cousin, which most persons thought absurd ; but after all, it was only a question of American, or Scotch, cousin- ship, — a term of some elasticity. They were both descended from the Fairfax family, as is well known, though what was the exact degree of relationship regarding which George Wash- ington-^ corresponded with the Earl of Buchan it would per- haps be hard for the genealogist to determine. But he " claimed kindred there, and had the claim allowed," as fully appears from a letter written by General Washington to Lord Buchan, and printed at his lordship's private press, as well as from one of considerable interest written by Brian, Lord Fair- fax of Cameron, a Scotch peer and American citizen, upon the death of their common relative, Washington, addressed to Lord Buchan. These are not given here on account of their length. As the cousin of George Washington, he thought it incum- bent upon him to show all attention to the nation over whom his relative presided. Many distinguished Americans were entertained by him at Dryburgh. It is well known that Ben- jamin Franklin was not over well pleased with the manner of his reception in this country. That his feelings with regard to the Earl of Buchan and his brother Henry Erskine were of a kindly character, the following tribute to the brothers ^perhaps bears evidence. These verses — Sapphics, the metre of Canning's " ISTeedy Knife-grinder," — are, as regards measure, of the most lax description, but will doubtless be considered a literary curiosity, whether they be Dr Benjamin Franklin's or ^ "The illustrious and cxccllont "Washington, in whom I glory as my cousin and my friend." — MS. note by Lord Buchan. 488 HENRY ERSKINE. not. There is much doubt on this point. The original is without signature or date, but is in the handwriting of Earl David, with the endorsement by him— " Dr Franklin^ to the Earl of Buchan." Ad Davidcm Comitcm de Buchan ct ejus fratrem Hcnricum. " Genus regale, paterni nee honores Laqueata tecta nee munera fortunse, Kemora non tarn propria sata manu Tibi decora. Virtus quam et mens litteris irabuta Ingenium et callens artium bonarum Comitas atque liberalis animus Nobis benignus. Par et equalis tibi a])ta conjux, Quam gratiam et bonam, quam hilaremque Quam familiarem et candidam se Praebuit nobis. minor fratrum omnibus es notus Juris consultus et actor disertus, Nobis sed notus liumanitate et Dicacitate. Quis vero potest dicere sat digne Virginis tui {sic) speciem et formam Urbanitatem atque dulciorem Fidibus vocem ? Quicquid se ipsas reddidit amabiles Gratise dederunt, dedit Apollo Arte sua canere pectora movere Dedit et Venus. " In any notice of Lord Buclian some mention of the incident of the famous " Cevallos article " is indispensable. In this his 1 It is shown in the Mems. of Benj. Franklin (Lond., 1817, ii. 41), that at a much earlier date than that indicated, Dr Franklin had given good advice when Earl David, then Lord Cardross, was sick of a fever at St Andrews. There were letters of his in the Earl's correspondence. Tliis paper was at one time in the collection of ]\Ir Dawson Turner, and is docketed as being in Ben- jamin Franklin's hand,— which it certainly is not. It is to be regretted that the evidence is not more complete. IJ^^ Eari Of Buchan. /ro?n de /joHrait f^y ^yee/yc ^'alsfft FRSA. THE '' CEVALLOS ARTICLE:' 489 lordship's success was complete, inasmuch as he managed to produce a " spectacle," the memory of which has survived fresh to tlie present hour, and which is admirably illustrative of his views upon a point of politics. During the early part of the war in Spain, the line taken by the Edinhurgh Rcvieiv, — product of tlie brains of those fearless young Whigs whose power and brilliance are only now being called in question, — had been considered to " influence discon- tent at home, encourage our foreign enemy, and dispirit the people ;" when, in October 1808, appeared an article criticising an account given by Don Pedro Cevallos of the French usur- pations in Spain, which put an end to the patience with which the offensive views of the publication had been for some time borne. " Teazing tricks, which offended Lord Grey and Holland House as much as they did the Tories," Brougham styled these literary experiments.-^ It is recorded that Lord Buchan, at his abode in Castle Street, with the utmost solem- nity, after having directed his servant to open the door and to take the number of the Eevieio containing the offensive article, and — in technical phrase — tee it in the innermost part of the lobby, personally kicked the book out of his house to the centre of the street, where he left it to be trodden under foot of man and beast. He never doubted that this perform- ance would be the deathblow to the entire work. Whether from the effect of the Earl's kick, or the force of public opinion, the Quarterly, the great rival of the Edinhurgh Review, was called into existence within three months. The marked success of the efforts made by the Earl of Buchan in his youth, and l)y those whom he had induced to act with him, for the establishment of independence in the election of Scotch representative peers, may be judged of from an in- 1 Tlie Con-cs2wndcncc of the late Mann/ Xapirr, Esq. (p. 308), leccntly I'lili- lishcd, appears to settle the point that Brougham hiiu.self, in concert with Jeffrey, produced the famous article. 490 HENRY ERSKINE. cident that occurred some little time after Lord Lauderdale's elevation to the peerage. His lordship was a candidate for election as one of "the sixteen," with all the support the Prince of AVales's interest could give him. Lord Moira writes from Edinburgh, September 25, 1804, to Lord Buchan : "To you I say . . . that I have the orders of the Prince of Wales to render to L*^- Lauderdale in the ensuing election whatsoever assistance may be in my power, nisi tali dignus sit vindice nodus. I could not wish to force you by any solicitations from your retreat ; but should the determination of the point appear to turn on a single vote, then I entreat your permission to supplicate your help." On the back of this letter Lord Buchan has written, with extreme circumspection : " If, as Lord Moira supposes, the elec- tion of L. should hinge upon my vote, and that it should seem necessary for the publick service that L. should have an im- mediate seat in the H. of Lords — being disengaged to L'^- Kellie — I should determine to give my casting vote for L. As it is, I am sure L. will lose it by half-a-score at least." In still more pressing fashion Mr Coutts writes from the Strand on the subject of the Prince's anxiety in this matter, as explained to him by Colonel MacMahon. To Henry Erskine also had this gentleman written that the Prince " solicits with an inexpressible earnestness " Lord Buchan's vote and good offices for Lord Lauderdale, " valuing the Earl of Buchan, as he has ever done, as being at the head of that peerage, which of all the Scotch nobility his Eoyal Highness . . ." [Here the paper is torn.] A similar request is made through Mr Erskine to Lord Posebery. On the letter of Thomas Coutts, Lord Buchan at some length minutes his views in this case : — " My cousin, the Earl of Kellie, had mentioned to me at the last general election of the Scotch Peers his desire to be one of these representatives, and tho' I assured him that it was not ''EMMAS kid:' 491 probable that I should ever again vote at an election, I should never think of preferring any peer to my friend and kinsman if he should be singly opposed to him on the occurrence of any vacancy. Being so situated, the request of the I'rince of Wales as Duke of Eothesay was distressing to me, and I thought his RH. ill advised to urge it so strongly." If " The Independence of the Scottish Bar " was an appro- priate phrase in connection with Henry Erskine's career — or " Trial by Jury," with that of the younger brother, " The Independence of the Scottish Peerage " seems to be a motto not undeserved by the Earl of Buchan.^ To humbler men than those who have been mentioned, the Earl was equally hospitable and kind. Poor Bloomfield, author of the Farmers Boy, as is known, was forced by ill-health to leave the rural scenes in which he took delight, and to practise the craft of a shoemaker. His gratitude for the kindness bestowed upon him by the Earl of Buchan the poet showed by making, with his own hands, a pair of kid shoes for Lady Buchan, which he presented to her, with the appropriate piece, entitled Emma's Kid, which may be found in all collections of his works. ^ Writing from Dryburgh on the 21st April 1810, to Dr Anderson, in reply to a request for permission to print, along 1 How completely successful were the efforts of Lord Buclian and those peers who felt with hira in this matter, appears— as has been already mentioned— from the fact that when a very important vote was taken on the question of the Regency Bill in 1789, of the sixteen Scottish representative peers, six sup- ported the Government, and seven voted in opposition. 2 Lord Byron's lines will be remembered, in reference to Nathaniel and Eobert Bloomfield, and, possibly, to this incident— " Ye tuneful cobblers ! still your notes prolong. Compose at once a sli})per and a song : So shall the fair your handiwork i>eruse, Your sonnets sure shall please— perhaps your shoes." ^-English Bards and Scotch Rcvkiccrs. 492 HENRY ERSKINE. with Bloomfield's piece, the letter which the poet had sent with the famous slippers to Lady Buchan, the Earl says : " Lady Buchan and I have no objection to the printing of Emma's Kid and Bloomfield's letter in the ]\Iay magazine. . . . Bloomfield, you know, recited his poem \Tli(!, Farmer's Boy] to me, and in presence of my acquaintance when I was in London in 1801-2; he sold at that time, I believe, four thousand copies of his poems. . . . You are welcome to plow with my heifer whenever you please, in the fields of literature." If it be fair to judge of a man by the company he keeps, it is surely equally just to form an estimate of him from his correspondence. There probably have been few men who carried on such a voluminous unofficial correspondence as Lord Buchan. Such of it as remains shows — as might be expected . — Lord Buchan in a better light than any efforts entirely his own were likely to do. His life was so much before the public, and he had such a character to keep up, that — there is good ground for supposing — his real temperament was in these less apparent than in the letters written, and received, by him. The most striking illustration of what has been stated is to be found in the extraordinary nature of his intercourse and correspondence with various members of the royal family, — notably with H.E.H. the Duke of Kent. It seems to have been felt by the King and many illustrious persons, at a time when unsettling views were abroad, that in this old Scotch peer there was even more than the usual proportion of that loyalty and kindly feeling towards the reigning family collectively, and to individual members of it, which is, happily, a characteristic of this part of the United Kingdom. It is hardly possible otherwise to explain, or understand, the digni- fied condescension to the worthy but most eccentric old noble- man shown by all the royal family, even in circumstances TO KING GEORGE III. 493 which one cannot but look upon as indicating extreme pre- sumption. Thus, when Lord ]>uchan took upon him to advise the King as to what he sliould do at certain junctures in State affiiirs, or to express his approval of the dutiful conduct of the royal princesses to their invalid father, grounding his ridit to do so, as was his wont, upon his consanguinity to these august personages, it is believed that it was some kindly feeling, such as has been suggested, that inclined his royal correspondents to look with indulgence upon what, by less discriminating judges, might easily have been misunderstood. After all, there is perhaps no class of life, not excepting the most exalted, where a true personal interest, and an honest devotion can be otherwise than gratifying. In the case of the Duke of Kent, there seems to have existed in his mind a feeling for the Earl of Buchan of very sincere friendship. Tliis is amply shown by the letters from his Eoyal High- ness which have been preserved, some fourteen in all. One or two specimens, it is thought, may, without indiscretion, be selected to illustrate what has been affirmed. The Earl of Buchan to King George III. « Sir, — Considering my uniform Duty towards your Majesty, and perfect abstinence from that S'pirit of Party, which I have always thought hostile to the true interests of my country, and remembering the days when at my kinsman's, George Lewis Scott, mimediately adjoining to your Majesty's ancient resi- dence at Savile House, I used to imbibe the most partial sentiments regarding your Majesty, I take the Liberty of requesting you not to accept of the Great Seal from my Brother Thomas, but to impose your commands on him to retain them {sic) for the service of your IMajesty's subjects. This is my humble suit and opinion, and I am sure, considering my con- sanguinity to your Majesty, and my being an antient Peer of your Majesty's Realm, you will see in the light my duty and 494 HENRY ERSKINE. fidelity to you enclines me to expect. — I am, sir, with great truth and esteem, you Majesty's dutiful subject and humble gerv*-> BUCHAN. " Edinburgh, A'pril Zrd, 1807." Memoranda hy Lord Buchan of a Letter addressed to H.R.H. the Princess Mary. "Edinburgh, Feb. 2, 1811. " Lord Buchan, who was delighted with the dutiful attention of all the females of the Eoyal family to their unfortunate Father, and particularly with that of the Princesses Amelia and Mary, caused one of Henning's little camayeus of his bust to be elegantly placed on a Bracelet, with the cross crosslet of Mar set with diamonds, and sent it to the Princess Mary as a testimony of his esteem. He accompanied this little mark of regard with a letter, expressive of the reasons that in- duced the gift. He said he had felt, through the whole course of a long life, the inexpressible pleasure and satisfaction arising from love and duty to his worthy parents and pre- ceptors, and that he was therefore particularly anxious that the Prince of Wales should conduct himself so, — should partake of the same glory and honour. That the affectionate regard he had entertained for the King for more than fifty years; which all Europe must acknowledge to have been different from that of others who had similar advantages and pretensions, and to have been clean wasted from party motives and self-interest, and guided only by a regard to public good and the King's welfare, led him to rejoice that there were hopes now enter- tained by the Physicians of his Majesty's ultimate recovery and resumption of Government, in which case, though he lived in retirement, he would come up to the castle, and do himself the honour to attend his Majesty to London. " That he had conveyed to the Prince his advice not to be intimidated by factions and combinations among his servants. FROM THE PRINCESS MARY. 495 but to preserve all things dependant on him in such a political state as to be able to vindicate his conduct in all respects to his country, and to his father, in the event of his being able again to hold the reins of government. " That he wished the whole Eoyal Family to he united, and to adopt the motto of Mar, Uiiione FortioVy and to fulfil it in their conduct. " That the Queen's dutiful conduct towards the King had at all times given him the highest satisfaction, and particularly now that it had been put to the most important trial." To this letter the following very gracious answer was re- turned : — "Windsor, Feb. 25, 1811. '' Princess Mary lost not a moment in communicating the contents of Lord Buchan's letter, received this morning, to her Majesty, who felt it her duty to lay it before the King, who expressed himself truly sensible of Lord Buchan's constant loyalty and attachment towards him io]jon all occasions, and did not want this fresh proof of his respect to convince him of his Lordship's duty and attachment. " The Queen is equally sensible of Lord Buchan's attentions. " Princess Mary cannot refrain from expressing how flattered she is at Lord Buchan's having made her the bearer of a letter which gave so much satisfaction and pleasure to their Majesties." At the period in question, it will be remembered the Duke of Kent, the most respected of all the royal brothers, had chosen a position which brought him little before the public. A thorough soldier, he was wrapt up in his profession, which for many years was the subject of his study night and day. When on duty, the welfare of his " command " was the thought ever uppermost in his mind. This was the opinion of persons who had the best opportunities of forming a correct judgment 496 HENRY ERSKINE. — namely, those immediately under his orders. These when they spoke of his Eoyal Highness, invariably added the phrase, that " the General was a most perfect gentleman." ^ The correspondence spoken of, extending over many years, shows that the Prince had full confidence in the judgment of his friend. There was between them this bond of sym- pathy, that they agreed (as is shown in one letter) in their estimate of Lord Sidmouth's moderate policy. As might be expected, there is, with much of a private nature which ob- viously it would be as unbecoming as it is unnecessary to touch upon, frequent reference to the embarrassment which the Duke of Kent experienced from the neglect of his claims by a Government with which he had usually but little sympathy. Without doubt, it will be interesting to readers of these kindly letters of the Duke of Kent to gather from them that the regard with which it has pleased our much-loved Queen to honour her ancient kingdom of Scotland may be the result of a feelincj inherited. H.R.H. the Duhe of Kent to Lord Buchan. '• Kensington Palace, 26 Fcbry. 1811. " My dear Lord, — Having received your Lordship's cover of the 18 til on Friday last the 2 2d, enclosing a letter for my sister Mary, I availed myself of the first opportunity I had of going over to Windsor, which was on the 24th, and put it into her hands, and I now have the satisfaction of transmitting a short note from her [see preceding page], which she gave me yesterday, and which I trust will not be unpleasant to you, for it was written currente calamo as the heart dictated it, and no human being, I will venture to say, possesses a better. I have this moment received your Lordship's favour of the 2 2d, and beg to offer my kindest thanks in return for your obliging promise 1 Compare Life of Admiral Sir William Parker, Bart, G.C.B., by Rear- Admiral A. Pliillimore. DUKE OF KENT TO LORD BUCHAN. 497 of noticing my unfortunate friends now visitors in Scotland. . . . I am happy in this and every opportunity of re- peating these sentiments of friendly regard and sincere esteem with which . . } Edwakd." "Kensington Palace, \Wi Augufit 1811. " My dear Lord, — I am this moment, on my return home from Windsor, favor'd with your Lordship's most kind letter, in reply to which I beg to assure you that I shall have great pleasure in complying with your wish by substituting the name of William Fraser, Lady Buchan's nephew, on my list of candidates for commissions in the old National Corps, in place of that of Mr Drummond ; but . . . some consider- able time must necessarily elapse before I can engage to bring your young yroUge forward ; but as his very name is a Delight to my ears (for no Scotchman born ever was half so national as I am in my capacity as Colonel of the Eoyal Scots), ^ you may be assured that on my part there shall be no delay to his advancement which I can possibly prevent, and I request you will say this with my respectful compliments to her Ladyship, and add how proud and happy I shall be to attend to her nephew the moment he can join our Colors. — In reply to your Lordship's feeling inquiries after the state of things at Windsor, I grieve to have to tell you that the only word of comfort I can impart at this moment is, that there is no im- mediate apprehension as to the life of my beloved Father; . . . a life that has been mark'd for uprightness and vir- tue. ... I will not fail to communicate to the Prince lie- gent the interesting information respecting the beautiful paint- 1 Addit. MSS., Select Dep. Brit. Mus. 2 The published Historical Ilccord of the Royal Scots seems to make no men- tion of two noteworthy facts,— ^rs«, that a future Queen and Empress "was born in the regiment," her father having been Colonel at the time of her birth. Her Majesty has said — '' My dear father was proud of his profession ; and I was always taught to consider myself a soldier's child : " and secondhj, that a Lord Chancellor of England, to be, served as a subaltern in the corps. 2 I 498 HENRY ERSKINE. ing in his possession, and should I have the opportunity of obtaining a sight of it, you may rest assured that I shall not forget how much deference is due to the opinion of such a Connoisseur as yourself. But altho' resident within 7 miles of the Metropolis, you will hardly believe it, my visits to it seldom if ever go beyond Buckingham, and Carlton House, and my bankers. The life of retirement which I have pre- ferred to adopt upon principle, and the horror I have hitherto had for engaging in politics, having rendered it a rule with me never to shew my face in London, whenever I can possibly help it. — I remain, ever with high regard and esteem, my dear Lord, yours most faithfully, Edward." "Kensington Palace, 27 Novr- 1811. " My dear Lord, — I trust your Lordship will give me credit for appreciating as I ought your favor of the 25 th inst. Having ever from my earliest infancy had the good fortune of being particularly noticed by my eldest Brother, it has ever been my study thro' life to merit his friendship and his good opinion, and it would be the greatest affliction I could ex- perience in life, to conceive that I had done anything to for- feit it. Yet since the decision of Providence has altered his situation, I have felt it an imperious duty not to intrude upon liis valuable time as I might have been wont to do under other circumstances, or as my inclination would have dictated, and I am sure he will give me credit for my forbearance. But if your Lordship sees my name less in the Newspapers than those of my Brothers as attendants, either at Windsor, or on the Prince Eegent, you must not from thence conclude that I am the less there, but that being out of Town — that is, either at Kensington, or my villa (which I term The Lodge) at Castle Hill, near Great Ealing, and quietly performing all my Journies on Horseback, or in a small Chair, accompanied by a single Servant in a plain drab coat ; and my road being mostly a cross one, I do not render myself as conspicuous as those who DUKE OF KENT TO LORD JJUCJIAN. 499 travel in a post-chaise and four, with 4 outriders, and create a grand fracas on leaving or returning to the Metropolis, or as they travel the great road thro' Hounslow and Staines. Your Lordship who has long known what the Public Prints are, will also forgive me for saying that I have never sought to have my name brought into notice in them, but when I felt my honor as a man and as a Soldier was at stake, and therefore you will easily make allowance for not seeing it in the same fashionable lists in which others so are fond of figuring. In regard to Politics, my line ever has been, as a dutiful son, to support my Father's Government, ever entertaining a detesta- tion for that which many seek after — the character of a Poli- tician ; my whole mind ever having been turned to my own Profession : and I hope that the same sentiments will ever guide me with respect to the Prince that have been my guide hitherto. " I cannot deny that there are circumstances that have long afforded me deep affliction, and that still continue to do so ; but these are personal, and I have no right to intrude them on others, much less on your Lordship, who has spontaneously shewn so much friendship and regard for me. . . " With every sentiment of the highest consideration and regard, I remain, my dear Lord, yours most faithfully, " Edwap.d." "Kensington Palace, 11th Xov^- 1819. " My dear Lord, — T have this instant received the cast of your lordship's medallion, in Bronze, wliich you were kind enough to commit to the care of Captain Stewart, of tlie " Melville," Indiaman, for me, but whom, as yet, I have not had the pleasure of seeing, owing to his having sent the Packet by a Porter, and not favored me witli his address. However, should he call and leave his direction, I shall make a point of fixing a time for seeing him, and thanking him for the care he has taken of this valuable mark of your Lordship's remem- 500 HENRY ERSKINE, brance of me, for which I request your Lordship's acceptance of my warmest acknowledgements. " I shall, of course, take an early opportunity of framing it, in a proper classical manner, previous to fixing it up in my Study ; and I shall not fail to add that motto which you have had the kindness to favor me with, and than which, I am sure, none can be more appropriate to the purpose. I am much flattered by the manner in which your Lordship alludes to the few words I took the liberty of adding in my last with respect to The Duchess' character, which, however, I must in justice say, is but a very feehle tribute for all her merits as a wife and a mother. " With reference to the last paragraph in your Lordship's letter, I shall only allow myself to observe that, being here on the first day of the opening of the session, I felt it my duty not to shrink from giving my vote on the address which my conscience dictated ; for at the same time that no one can execrate more than I do the unprincipled acts of the soi-disant radical reformers, no one can, on the other hand, be more adverse to raising the iron hand of power, or drawing the sword, until an effectual attempt has been made to use 'pre- ventio7i, and remove the pHmary cause of the evil, by affording relief to a large starving population, and employment to the innumerable hands out of work, which, I contend, is perfectly feasible ; and that the existing laws, if properly administered, are amply sufficient to put down the attempts of those who, making handle of the sufferings of the poor for their own wicked purpose, inflame their minds to sedition.^ ^ The allusion s to the unfortunate afTair at a IMancliester Reform meeting in the month of August, known as tlie "Peteiioo Riot," where of an immense asseml)lage, 11 persons were killed, and about 600 wounded, in the efforts to disperse them. At the opening of Parliament an Address on the Prince Regent's speech was moved in the House of Lords, followed by "an amendment." On the division upon the latter, the Dukes of Kent and Sussex voted in the minority, as did Lord Erskine and several of his former colleagues in office. —See Hansard's Pari. Deb., vol. xli. pp. 2-50. THOMAS CAMPBELL. 501 " I am sure your Lordship will, with your usual indulgence, forgive my having said these few words, which I was anxious to do, in order that I might not forfeit any share of that good opinion which you have had the kindness particularly to enter- tain of me for so many years. "With every sentiment of the most friendly regard, and with the highest consideration and esteem, I remain ever, my dear Lord, yours most faithfully, Edwahd." Tlie peculiarities of Lord Buchan had become proverbial as he approached old age, it being usually easier for the many to comprehend such than to appreciate really valuable quali- ties. Thus the young Thomas Campbell, full of the Pleasures of Hope, had heard of the old peer's eccentricities, and meet- ing him by chance one forenoon at the house of Archibald Fletcher in Queen Street, took upon him to " quiz " the old lord ; to which his lordship replied nothing : he rose, took up his hat, and hastily left the room. But if the young poet had in some degree reckoned without his host, his hostess lost no time in reckoning with him, and gave him such a lecture on the ill-breeding of insulting an old man in the house of a mutual friend, that, choking with rage, he was fain to call for a glass of cold water to cool his frenzy withal, and rushed from the house. Half a century after, this " down- setting " rang in the offender's ears as distinctly as the can- nonade on Linden.-^ Tor all this, the old lord, according to his wont, was ready and willing to do a service to the poet w^lien opportunity arose. On the 19th December 1803, Dr George Gregory, chaplain to the Bishop of Llandaff, and one of the most active of Lord Buchan's Whig correspondents, WTote to him : " My business is to lay upon your shoulders a burthen of patronage, which I think your humanity and goodness will not refuse to exercise . . . I enclose you the plan of the University of Vilna, 1 See Life of Thomas Campbell. 502 HENRY ERSKINE. established, as your Ldp. will see, upon a most liberal founda- tion, by the Emperor Alexander, under the immediate direction of my most intimate friend and quondam disciple Prince Czartorysky, now Prime Minister of Eussia." " I enclose also a list of the professors' chairs now vacant, which are to be filled with capable men of any country or religion. The salary is about £300 per ami. . . . They will also have a house and other accommodations. " The Princess Zamoyska, a beautiful and most accom- plished young woman, now in London, says it is without exception the cheapest and finest country in Europe ; a family may live there ' in very genteel stile ' upon 50 to 100 a-year." Thirteen chairs had to be filled. Upon this subject Mrs Fletcher, Sir John Sinclair, Macdowall of Gartliland, and Baron Nicolay, corresponded with Lord Buchan. Thomas Camp- bell was proposed for the Chair of Natural Pliilosophy ; it is even stated that the high post of Eegent of the University w^as offered to him, — a singular position for one so young, and a foreigner, if it were so. How far the poet may have been induced to entertain the plan his friends had arranged for his good by the fact of Czartorysky being connected with it, does not appear. He it was who, when the poet's mind was over- agitated, even to the loss of health, by melancholy thoughts on the subject of Poland, was as a " consolatory balm " to his disturbed spirits. The Earl of Buchan, it appears, with his usual impetuosity, addressed Prince Woronzow on the subject.^ " He, however," says Dr Gregory in another letter of some sharpness, " has no more business with the matter than your Ldp's. gardener. . . . Besides, the jealousy entertained by the Poles of the Eussians 1 ' ' With zeal oflBcious, and ^Yith pompous fuss, He boasts his forg'd commission from the Russ ; And bent on civilising Polish bears, Turns wholesale dealer in Professors' chairs. " — Town Eclogue, p. 23. A PEN-AND-INK PORTRAIT. 503 is beyond anytliiiig of winch your Ldp. has any conception ; and were Woronzow, or any Eussian, to interfere, I apprehend they would be greatly hurt and offended." On the 6th March 1804, Sir John Sinclair wrote to Lord Buchan from Palace Yard, Westminster, on this matter, regard- ing which there seems to be no mention in the Life of the poet. " I really grudge sending such talents as Mr Thomas Campbell {sic) — and in a manner hanisliing them — out of his native country." Suddenly, however, a stop was put to the whole of these proceedings, probably through a dread of Liberal principles being introduced along with foreign science. Thus the young Scottish poet is saved from what must otherwise have been but a hazardous experiment. There were many who believed that the Earl of Buchan had naturally abilities of a higher order than those possessed by either of his brothers. This was the opinion of Sir Walter Scott, who thought that, had a necessity existed for his using these powers systematically — had, for instance, the diplomatic career opened for him by Lord Chatham beBn adhered to — he might have outshone either in brilliancy of genius ; but not being a younger son, the force necessary to make him per- severe in what he undertook was never exerted. The descriptions of Lord Buchan in his old age that are extant are on the whole not unkindly. John Gibson Lockhart thus speaks of the old man : " His lordship came into the room with quick and hurried step, which one w^ould not have expected from the venerable appearance of his white hairs — the finest white hairs, by the way, I ever saw, and curling in ringlets all down his shoulders. I could easily trace a strong family resemblance to his brother, although the Earl has much the advantage in so far as mere beauty of lineament is con- cerned. I do not remember to have seen a more exquisite old head, and think it is no wonder that so many portraits have 504 HENRY ERSKINE. been painted of him. . . . The features are all perfect, but the greatest beauty is in the clear blue eyes, which are chased in his head in a way that might teach something to the best sculptor in the world. Neither is there any want of expression in these fine features, although indeed they are very far from conveying anything like the same ideas of power and penetration which fall from the overhanging shaggy eyebrows of his brother " [Lord Erskine]. ^ This is believed to be a faithful portrait of the old Lord whose restless activity was a constant marvel to the last gen- eration, as his figure was familiar, usually with his favourite volume, Gassendi's life of " the fantastic Peiresc," in his hand, or in his pocket for ready reference.^ The image of the old Earl is still affectionately recalled by some who knew him well. An old lady, for example, takes pleasure in remembering how his lordship in his intense wor- ship of the Beautiful would select for special adoration the prettiest young lady of his " set," to whom " the terrible old flirt" would say on rising to take leave, with hat pressed against his kind old heart, — " Good-bye, my dear, and pray remember, Margaret, Countess of Buchan, is not immortal^ 1 Peter's Letters to his Kinsfolk. 2 Mr David Laing never ceased to regret that the Earl's correspondence was not secured for some public library. For many years he had interested himself in the establishment of what he termed his Commercium EpistoUcum Litcrarium, or, Depot of Correspondence. It was his habit to send in from Dry burgh selec- tions of his papers to the care of his friend, Dr Robert Anderson at Heriot's Green, to be preserved for the good of posterity, or for publication. There were some 1635 letters in all; including 54 from the Royal Family; 87 from Lord Erskine ; 106 from Washington, Benj. Franklin, and other Americans, &c. &c. ]\Ir Laing was asked to value these papers, after they had lain long at the Advo- cates' Library. They were not purchased, however, as he had hoped. Ulti- mately he bought them himself at the price he had named : he kept such of the letters as he had need of for his literary work, and sold the rest, for the same sum, to ]\Ir Upcott, the well-known London collector. From him many of the letters passed to the late Mr Dawson Turner, whose treasures were dispersed about 1852. Two ponderous volumes of these have since been recovered by the Erskine family. Several of the letters have found their way to the British Museum. REMINISCENCES. 505 With half-shut eyes and tlie smile of genial retrospection on his face, a contemporary of Lord Buclian's is wont to say — " I mind the auld Earl weel. I think I see him trottin' doun to Johnnie Ballantyne's shop in Hanover Street \vi' his plaid across his shouthers. Eh, — it xom an auld plaid yon, — naebody could tell the tartan ! " How is it that we rarely see now, except in the very old men who survive, such faces as appear in the pictures of gentlemen of a bygone generation — such features, for example, as are seen in the portraits in this book ? 5o6 HENRY ERSKINE. CHAPTER XTX. THE KEGENT AND HIS FRIENDS — HOPES OF PROMOTION DISAPPOINT- MENT LETTERS TO DAVID CATHCART LORD MOIRA's FAREWELL — LADY GLENCAIRN AND LORD NELSON ^ HER LETTER TO MR PER- CEVAL MR ERSKINE AT AMMONDELL HIS SOn's DESCRIPTION A PICTURE EPIGRAMS, ETC. HENRY DAVID, TWELFTH EARL COLONEL ERSKINE RENEWED HOPES THE END. The collapse of the " Talents," at the best a strangely compo- site body, and their subsequent inability to right themselves, or pull together, were undoubtedly felt as a relief by the Prince of Wales. He had disagreed with Lords Grey and Granville ; and his confidence in his former friends had faded considerably in consequence of the neglect he considered he had suffered at their hands. They were difficult to convince of this. Not even the famous manifesto addressed to Lord Moira was sufficient to warn the followers of the Prince of the treatment that awaited them. In this letter he an- nounced that since the death of Fox, that friend in whom his attachment had been unbounded, he was " no longer a f arty- man ; although — in alliance with Fox — it had been his pride to avow himself to be such." By degrees the truth dawned upon his adherents that the Prince had changed his opinions, and that he would in all probability change his friends. It is not necessary to follow the very complicated intrigues ^ which ensued, in which the only certainty was the 1 These arc given in minute detail in ]\Ir Percy Fitzgerald's Life of George IV., recently ])ublished. ''THE TALENTS'' OUT OF OFFICE. 507 Prince's determination to be independent of the control he had begun to throw off after the death of Fox. If this could have been effected by the Prince, become Eegent, without leading his former friends into illusion, there would have been less to complain of. Mr Adam and Lord Moira stiU remained his councillors, and trusty retainers, though the time came when even his lordship, as others had done, felt that his long and devoted services had been recompensed with something like disgrace. On one memorable occasion, for example. Lord Moira's failure to form a Ministry during these negotiations was mainly attri- butable to his refusal to require of the Prince that he should dismiss the officers of his household, — though the result was that he got little thanks for his devotion to what he believed to be his master's feelings. In the end Lord Moira, "over whom the Ptegent had wept," was dismissed: although the Garter had been offered and accepted, slight upon slight fol- lowed towards himself and his family. It was not to be expected that Lord Erskine or his brother should fare better. The correspondence of Mr Erskine at this period is almost exclusively upon this subject. It is believed that one or two of the letters will be sufficient to show the feeling in Mr Erskine's mind with re- gard to the treatment he received when the opportunity had arisen for conferring the reward his long and faithful ser- vices to his party had rendered only his due. The fact that he did not receive the promotion he had been led to expect, was probably less keenly felt than the consciousness that he had been unfairly dealt with by those in whom he had trusted. Mr Adam to Mr UrsJcme. [1811.] " My dear II., — it is cpiite impossible for me to write at the length I intended to-day. But it will be suff^- for the 5o8 HENRY ERSKINE. purpose to say that J have had a very full conversation with the Prince upon the state of the Scotch Bench and Bar — that I have represented what the judgment of the publick estab- lishes, that the men of ability and legal knowledge are all on our side of the question. That you are at the head of them, that having been twice L^* Adv^^-' the choice ought to be the result of proffess^' superiority, not of personal favour. I left him fully master of the subject in all its aspects, and en- deavoured to impress him with a conviction that by adopting what he had authorised me to communicate to the Chan''"' was the only means of getting Scotch judicature into a train by which there w*^' be success^' of fit and able men to fill the stations. " He has the difficultys belonging to his st"' with his ad- visers. The best has been done to relieve from that in the most distinct and open manner. The effect, however, cannot yet be calculated, and therefore there is no room for more sanguine views than those I gave you on Thursday — except that he is as much master now of the details as you or I — and I am ready to be openly reffer'd to, and to avow my advice. Shew this to Clerk, but keep the whole very strictly within y'"- own circle. — Yours ever, W. Adam." What Mr Adam refers to was the proposed succession of Mr Erskine to the office of Lord President of the Court of Session, vacant by the death of President Blair. "Bly. Sq., MaylU, 1811. " My d^- H^-' — I have hardly time to do more than refer to what Gibson will have written to say that the Chan^* has just left me, and I have communicated the Prince's wishes to him that you sh^' succeed to the Presid^'^' chair. He rec*^' it w** great candour, and w^' an unqualified declaration that fitness, not politics, sh"^- be the rule. L^- Moira, L"^- Dundas, and L'^' Keithe, were all of opinion that this was the course to JIOPES. 509 take — vaUat quantum. Mr P. was most kind ahout }'()ii, and seriously wishes it. — Yours ever, W. Adam." Again, on June Gth 1811 he wrote: "I have explained everything minutely. He knows the state of the Scotch Bar as well as I do, and that the talent is all in our quarter. So that your app^- is founded in fitness, not jjolitics. I have s^^- I will not answer for his not being circumvented and defeated, but I am sure of his good intentions and of my watchfulness." On the 16th October Lord Erskine wrote to the Earl of Buchan : " . . . I wish I could give you satisfaction on the subject of the President's chair ! I am wholly ignorant of what is transacting in the political world.^ But all report is unfavourable to what we wish. Indeed, whilst the Ad- ministration remains unchanged, the patronage is but too likely to be theirs. Something certainly must be done soon, as the term of business fast approaches. I have been paying my annual visit at Portsmouth, and am staying two or three days with Lord Keith in its neighbourhood, and shall return to town next week. If I hear anything further on the inter- esting subject of Harry, I shall not fail to let you know." Two letters of Lord Moira to Mr Erskine, dated respectively the 21st July and 16 th October, are remarkable for the straightforward honesty of their tone as he describes some of the complications which had operated adversely to his friend's just claims; as w^ell as in his reference to the appoint- ment, which in the meantime had taken place, of Charles Hope to the post of President " to which he had no wish." Lord Moira writes : " Yesterday's post brought to me, by the Prince's command, the account of the arrangements in the Court of Session. His having caused this to be communi- cated to me, instead of writing himself, gives me an exact measurement of his feelings. ^ Endorsement hy Lord Buclian : "Does not scciii to go to Carlotoii House meetings." 5IO HENRY ERSKINE. " You know my attachment to Charles Hope. You also know how much Boyle -^ is connected with Lady Loudoun, and how sincerely I like him. It is thence necessary for me to say that I had no part in counselling this arrangement, nor did I know a tittle of it till I received the annunciation yesterday." There is a small group of letters addressed to his intimate friend, David Cathcart, which shows too clearly the combined effect of hope deferred and ill health upon Mr Erskine's sen- sitive nature. One or two of these only are given : — Mr Er shine, to Mr David Cathcart.^ "Harrow-gate, Octr- 30, 1811. " My dearest Friend, — The state of mind in which I left Scotland, joined to the complete ignorance in which I was as to the cause of all those events which you so justly characterise, made me go without writing to you. My object here was my daughter's health ; but I had resolv'd to go on to London to be fully apprised of everything, and to take my resolutions accordingly. One of them is, in every event finally taken, never again to stand at the Scots Bar. I trust you will be reliev'd from that odious situation by the application in your favor being successfull, tho', after what has happen'd, I confess I speak more from my wishes than my hopes. Having yielded to the appointment of Boyle, and Ministers having had the audacity to press that measure, what is to be expected of any signification of the Prince's will ? He has signified to me that the late arrangement was yielded to, not from any abate- ment of his regard for me, or of the high opinion he entertains ^ David Boyle of Shewalton had been at the same time made Justice-Clerk. 2 David Cathcart of Alloway was promoted to the Bench, as Lord Alloway, in June 1813, in succession to Sir William Honey man, Bart. He died at his seat of Blairston in 1829. Lord Cockburn gives an estimate of his professional charac- ter in his Memorials. DISAPPOINTMENT. 511 of me, and that when ho has an opportunity he will himself explain the whole. I think it right to give him such oppor- tunity. In so far as my interest is concerned, perhaps the explanation may be such as the world may think should satisfy me. But / am less concerned for myself than for the country and our friends : I have no ingenuity sufficient to fancy any excuse that should satisfy them. " Adam seems to think that with his conduct I am satisfied. A good deal more must be explained before this will be the case. I shall be happy if he can completely justify himself. Write me all that occurs, address'd, under cover to my brother Erskine, Lower Grosvenor Street. — Believe me, my dearest friend in every situation, ever most faithfully yours, " H. E." It is only justice to add, that the after-correspondence be- tween Mr Erskine and Mr Adam shows that any cause of complaint which the former believed he had, must have been removed ; there is evidence of a continuance of the same affectionate intercourse as heretofore. After his arrival in London he wrote to Cathcart : — "My brother views things in the most gloomy light. None of our friends see the Prince in private : perhaps I may except Adam, who has official, and business, access of course. " Tho', entre nous, nothing shall ever take me back to the Bar, yet 'tis best to have it understood for the present that I am only absent on account of my family's health." " 6 Stratton Street, Piccav., London, N(n\ 28, 1811. " My dear Fhiend, — After bleeding, blistering, and physic- ing, and lying a-bed till I could scarcely walk across the room, I am at last myself again and able to take a pen. The first use I make of it is to write to you ; yet I hardly know wLat to say. The very day after I was taken ill I was to have been with the Prince, by his own desire. Had I remained 512 HENRY ERSKINE. well I should not have seen him, for that very day he met with the accident which has ever since confined him to the Duke of York's house in the country. The casualty was little in itself, but the Prince's state of body made it for some time put on very alarming appearances. The quantities of laud- anum it was necessary to give him have disordered him so much that I do not think he can come to town for a week at the least. " AYhat will be the issue of all, I can form no conjecture, — a short time will show. Of the unaltered state of the Eegent's regard towards me I have no doubt, and, so far as I am indi- vidually concern'd, I am convinc'd his intentions are good. I do believe that, without resorting to a change, he could not have driven the point, which I believe he had earnestly in view. His error was the original one of ever keeping those Ministers for a single moment ; and I know (but let this be a dead secret from every one) that, but for the conduct of our friends, they could not have kept their places. ... I have no doubt the object of the present Ministry will be to get the Prince to make offers to Opposition apparently reasonable, but such as they will probably refuse, and thus to hold out to the country an apology for deserting his old friends. " While I write this, I have yours. Necessity, not choice, led Ministers to our side of the Bar. They prepar'd Gillies, that it might appear their own doing. Had the Prince recommended Gillies, they would have chosen you. I am clear with you that, should a change take place, I will resume my former situation, should it only be for a day. A change will probably (if it does take place) precede the removal of the restrictions.-^ " Should the change be a right one, the Court of Eevision would undoubtedly take place, and you need not doubt that the chair of that Court would be my object beyond all others. That you will have the next gown, in all events, I have not ^ Limits to tlic Regent's powers ; o^tposed by Lord Erskine. PARLIAMENT HOUSE SCHEMING. 5 '3 the least doubt. Tn that event, we shouhl be able to form a respectable Bench ; as the Court now stands, the plan would be impracticable. — Ever yours most truly, H. E." " London, March 12d, 1812. " My deak Catiicart, — Thank God the time fast approaches when I shall again have the pleasure of embracing you. This expectation, which a fortnight at farthest will realise, prevails on me to reserve all I could say on the present astonishing period. Only this, on Tuesday last, I had a long interview with the Eegent. I do not find that to any one of our friends he has been so communicative as to myself, not merely on my own matter, but on every point. I shall astonish you when I come to detail it I am confident the present system cannot last, but I doubt if this unfortunate country will last as long. — Ever truly yours, Henry Erskine." Mr Erskine used to recall an incident that struck him at the time as very characteristic of the underhand scheming which was so rife at this period. One morning he met at the raiiiament House, and asked if he had any news from London. " Excellent," was the reply ; " we shall all be sent for in a short time," and the speaker threw down a letter for Mr Erskine to read : but two letters, received that morning, had been misplaced in their franked covers. Mr Erskine readhig the one not intended for his perusal, came upon the expres- sion, " We must at any rate get rid of the ErsJcines," — when he discovered the mistake. Yet this — writes his son — was one of the political friends, whom, rather than leave, Henry Erskine had refused the high preferment pressed upon him in 1804. It is not necessary, nor indeed desirable, that tlie o]>inions of his own family upon the subject of Mv Erskine's treat- ment at this time should be further enlarged upon. It is un- questionable that this, as much as his failing health, was the 2 K 514 HENRY ERSKINE. cause of his retirement from public life, at a time when he was still fit, by his clear intellect and mature judgment, to be of much use to his fellow-countrymen. The feeling that Mr Erskine had been dealt with unworthily was not confined to members of his family. There was a strong sentiment of indignation amongst the many to whom he had endeared himself by his gentleness and unselfish conduct, which, though it could not find a full expression at the time, was not altoo'ether suffered to be silent. For example, before many days had gone by after Mr Erskine's death, Francis Jeffrey, his friend, in the warm words of regret which he wrote regarding his early patron, could not withhold a quaintly-phrased sentence on this matter. Thus he has written : " Baffled in some of his pursuits, and not quite handsomely disappointed of some of the honours to which his claim was universally admitted, he never allowed the least shade of discontent to rest upon his mind, nor the least drop of bitterness to mingle with his blood." So strong was this feeling amongst those of his time who had opportunity of judging, that even so late as the summer of 1870, a well-known and aged member of the Bar, now passed away, wrote in this wise to one of the Erskine family : " He [Mr Erskine] was a very ill-used man ly his onm friends, as I have access to know. ... As you would not prob- ably be aware of the way in which the Hon. Henry Erskine was treated by his Whig friends, I shall have the pleasure at some future period of detailing the facts." It is hardly worthy of regret that the opportunity for reviving these matters never occurred ; although in any sketch of the great lawyer's life, it is impossible to pass them by unnoticed. As has been said, the time came when Lord Moira, the faithful servant of the Prince, also found himself among the disappointed and slighted. There is, it is understood, no bio- graphy of the great Marquis of Hastings worthy of the subject ; the following letter mav therefore be read with interest, as LORD MOIR/VS FAREWELL. 515 showing the nature of the new Governor-General's thouglits during the weary months upon the sea, l)efore reaching the scene of his future triumphs : — Lord Moira to Mr Erskine. "London, NoV^- 20th, 1812. " My dear Sir, — . . . Thank you for those congratu- lations which you have offered on the supposition that my Appointment must be very pleasing to me. Twenty-seven years ago I declined this very union of the Civil and Military powers in me, so that it is not Barbaric State and gold that tempt me, ' I flee from the wrath to come.' There are evil days approaching fast, involving circumstances that would entail uncommon difficulties upon me. In an hour of trouble I should not be left in retreat. How am I to support where any interference in the System would disgrace me ? How am I to arraign where every pledge of fidelity would reproach me for criminating? Take it even short of this, and see how awkward is my political situation. With the present Min- isters, I must, indeed, now have partial intercourse. But I could not enter into their views; and I could never have alliance with the individuals who guide them thro' an absolute sway over the Prince's mind. From the Opposition I am wholly divorced. When I wished to frame an Administration with Lord Grey and Lord Grenville, the negociation broke off upon a particular point, but it left us in unison upon all great political questions, and no sourness attended our difference of opinion on the article which occasioned the failure of the treaty. An accidental sparring took place in debate, yet that was immediately set right, and every disposition to cordiality continued. The Rank and File of the l*arty, however, did not feel like their Leaders. They had not even the policy to perceive that their interests advised the keeping firm between them and the Prince such a link as my peculiar situation 5i6 HENRY ERSKINE. afforded: and I speedily detected their virulence in many shapes. At length their Manifesto appeared in your ' Edin- burgh Eeview.' I had to regard it, of course, as a frank avowal of the dispositions of the AVhig Party towards me ; and I necessarily adopted the resolution of considering all political co-operation or intercourse with that Party as buried for ever. Standing thus insulated, it is better that I should be for three or four years out of the way. If the country do not fall into serious mischief, I shall, on my return, find myself extricated from all implications, and shall have a valid excuse to retire and enjoy myself in private. On that plan I hope for your drinking a drop of whisky yet with me at Loudoun Castle.— Faithfully yours, MoiRA." About the year 1812 Lady Glencairn took renewed steps to recover certain sums of money which she claimed as owing by the Government to her first husband, Mr Leslie Hamilton, for expenses incurred in procuring and transmitting important information during the war, while he held offices of trust in the Leeward Islands. It was estimated that Mr Hamilton had expended as much as £15,000 on this service, — a sum which would have been very acceptable to Lady Glencairn at this juncture. The good Mr Wilberforce had undertaken to bring the claims of Lady Glencairn before Parliament. In a letter addressed to Mr Erskine, he states his intention to " take up Lady Glencairn in good earnest." He did so, but met with no encouragement from Mr Perceval. Mr "Wilberforce, however, appears to have been not a little vexed, as were many of her friends, at the step taken by her ladyship — her patience exhausted — of causing to be printed and distributed amongst members of Parliament a letter ^ 1 The title of tliis remaikaLle production leaves no doubt as to her ladyship's meaning — 'A Letteii to the IIt. Hon. Spencer Perceval, Chancellor of the Exchequer, . . . and An Appeal to tlie Britlsii Nation on the most wanton LADY GLEN CAIRN AND LORD NELSON. 517 addressed in no very mild terms to IVIr l*erceval. It is written " with intention " not the most amiable — the brothers of the writer being carefully excluded from all responsibihty for it and describes an interview at Mollard's hotel, Dover Street, in September 1805, between herself, Admiral Keates, and Lord Nelson — a few days before his last departure from England; when, with regard to her claims. Lord Nelson remarked that it was "both impolitic and unjust" on the part of Government to refuse them. " Had I," he said, "in my late pursuit of the combined fleet, received on my arrival in the West Indies such information as ]\Ir Hamil- ton was in the habit of obtaining and transmitting to com- manders on that station, that fleet should have been now at Spithead." It appears that the ship in which j\Ir Hamilton's vouchers for his expenditure were being sent home was lost. Lady Glencairn was therefore forced to look for support to Lord Nelson and others, who could speak as to the value of Mr Hamilton's services. Her ladyship finding her claims refused, takes care to reproduce in her printed letter, for the benefit of the nation, Mr Perceval's reply to her: "I am sorry to find, Lady Glencairn, that you rest so much on the force of Lord Nelson's opinion : with me you could offer no name of less weight. I never thought of the late Lord Nelson's ser- vices as the world has. I consider his death was the salva- tion of the country, since, had he lived, he, in one way or other, would have ruined the nation and emptied the Treasury." Lady Glencairn likewise reminds Mr Perceval — and informs the public — how, on their meeting as guests at Brunswick House, Blackheath, at the table of her Poyal Highness, he had accosted her with the inquiry if she frequently saw her brotlier at Hampstead, adding, — "The late :Mr lUirke used to and invidious asimsion made by him, in his Ministerial capacity, of llw cJuiractcr of the late, ever to be lamented, Loud Nelson.' By Isabella, Countess of Glen- cairn. Bristol, 1812 : 4to, pp. 30. 5 1 8 HENR V ERSKINE. say ' Mr Erskine should be confined to that spot, for there he could cut down and pull up by the root what he disapproved without destroying the Constitution.' " " The danger of such a disposition," her ladyship had re- plied, " might have been felt during the life of Mr Burke, but could cause no alarm in your day, who by so much talent have placed the Constitution above the liability to fall." Need it be said, all this did little good to poor Lady Glen- cairn ? She went abroad, and in 1824 died at Bordeaux. Mr Erskine's position in his profession being such as has been described, and his health anything but good, he came without much difficulty to the resolution of retiring from further labour to his own charming country-house. Bad health had made him appear an older man than his years would warrant — and it was as an old man, and enfeebled, that the profession lost sight of him. It was acknowledged by persons of every class and shade of opinion that when Mr Erskine thus withdrew into compar- ative retirement, " neglected, but not forgotten " it was a loss of no common kind which society, the legal profession,^ and public life sustained. Especially was this noticeable, seeing that this was a time in the history of Edinburgh, as com- petent witnesses have testified, when perfect purity of life and guileless thought like Henry Erskine's stood out conspicuous amidst much that not even high literary culture could gloss over. His mind was still as clear and active as it had been at any time, and it was with delight that he was enabled now to devote much of his thought to the pursuits which had ever 1 As time ran on, and his figure at the Bar became a memory, the description given of the eloquence of tlie Roman orator Hortensius by his great rival used to be quoted as peculiarly applicable to Mr Erskine : " Erat in verborum splendore elegans, compositione aptus, facultate copiosus, — nee prteter mittebat fere quicquam, quod erat in causa— vox canora et ^MZNViy —Novcmhcr Twelfth. RURAL RETREAT. 519 had the ojreatest attractions for liiiii, but wliicli absorbiiK' engagements of a busy life had, till now, forbidden his enter- ing upon. Even in his youth he had been wont to babble of green fields and the delights of a country life. In prose and verse he had been accustomed to discourse on this theme with much gusto. Usually, in his young days, liis verse had fallen into the idyllic and classic form — shaggy rocks, lowing oxen, and piping shepherds filling a large part of the picture ; but in all the scenes, rural and domestic, his poetic fancy would call up, the chiefest charm lay in the thought of an ideal felicity being shared by a partner like-minded with himself. Thus would he sing while as yet he had neither wife, nor a house that he could call his own — ** Safe from tlie storm we stir the cheerful blaze, With friends we join in sprightly converse sweet ; And sure her accents must for ever please, Where lively fancy, sense, and softness meet. Nor yet forget we what the wretch endures Who wanders, drenched by rain and chilled by wind ; Amanda opes her hospitable doors — Her hand is liberal, and her heart is kind. " For many years he and his Amanda, to whom these lines, and many more to a similar effect, are addressed, enjoyed the brief intervals of country life snatched from the occupa- tions of a career of activity. But it was only now, when the poetic fire of youth had long been burnt out, that the oppor- tunity for realising some of those dreams of liis early days was afforded to him ; and though it was not the Amanda, whose beauteous form and gentle nature had at first inspired these flights of fancy, that now shared in tlie fulfilment of them, there is no doubt that Mr Erskine enjoyed to the full that sympathy which formed so large a part of his ideal of a perfect country life. His lines, written at this time, are the complement of his youthful tlioughts, and \'ery graphically 520 HENRY ERSKINE. show that he enjoyed in his latest years companionship such as he had dreamt of : — *' Let sparks and topers o'er their bottles sit, Toss bumpers down, and fancj^ laughter wit ; Let cautious plodders o'er their ledger pore, Note down each farthing gain'd, and wish it more ; Let lawyers dream of wigs, poets of fame, Scholars look learn'd, and senators declaim ; Let soldiers stand, like taigets in the fray, Their lives just worth their thirteeupence a-day. Give me a nook in some secluded spot Which business shuns, and din approaches not ; Some snug retreat, where I may never know "What monarch reigns, what ministers bestow, A book — my slippers — and a field to stroll in — My garden seat — an elbow-chair to loll in — Sunshine when wanted — shade — when shade invites — With pleasant country sounds, and smells, and sights, And now and then a glass of generous wine Shared with a chatty friend of ' auld lang syne ;' And one companion more, for ever nigh. To sympathise in all that passes by, To journey with me in the path of life, And share its pleasures, and divide its strife. These simple joys, — Eugcnius,— let me find. And I'll ne'er cast a lingering look behind." Lord Buchan has described very quaintly his father's life at this time, and some of tlie troubles as well as the delights apt to befall a country gentleman new to such pursuits, and with little practical experience of rural matters. " All who saw my father when his prospects were suddenly obscured and his public life arrested, spoke of the delightful sweetness and ef|uanimity with which he bore all his disappointments, and, turning all his thoughts to liis country place, made him- self pleasant occupation in planting and building; enlarging the small cottage into a large mansion-house ; throwing over the Almond a bridge, designed by Nasmyth, with the taste of a true artist ; and studying and cultivating flowers, which were to him a great amusement. He had a deliglit in embellishing o LIFE AT AMMONDELL, 521 liis grounds, but professed ever to follow Nature's lead, — not dictate. ' I like to wash her face,' he used to say, ' and make her presentable, but not trick her out in ornament.' Wlien Mrs Fletcher admired the pretty effect of a turn in the path they were walking on towards Eliston, he said, ' That is the milk-maid's path — I interfere with what I find as little as possible.' When White, the landscape-gardener, came to Ammondell, and advised him to fill up the small ravine where a stream falls into tlie Almond, telling him it would only cost about £300, he said, ' I would rather give £300 to make it, if it were not there,' — and he was right ; for, now the trees he planted on the sides are grown up, it makes a very pretty walk. The paths he made by the river-side were several miles in length. He was taken in once by a travelling gardener selling the seeds of what he said was a imik labur- num-tree at a guinea a packet. My father got Lord Meadow- bank also to plant some ; they all came up, as might be expected, the common yellow sort. " But whatever taste my father had in laying out grounds, he certainly had the oddest ideas possible of building a house. He made his residence at Ammondell consist at last of two houses, connected by an inconvenient sort of gallery ; the access to the best rooms was through a long narrow passage ; he hollowed away the ground to make offices under the old house, so that it cracked all the way up one side ; he made those under the new house dark and damp ; the roof would not keep out water, the foundations would not let it get away ; his ice-house had a southern aspect ; his coal-cellars had trap- doors under the front windows. Lady Minto persuaded him to adopt a new sort of roofing just invented — paper covered with pitch : whenever any ilaw occurred, whicli was as often as there came extreme heat, or frost, or heavy rain, the laundry- maid had to be sent up with a hot iron to iron the peccant places in the roof, which was then supposed to be as good as ever ; perhaps it was, but it was never very good. Moreover, 52 2 HENRY ERSKINE. my father thought it economical to build with his own timber, and some of this having been used green, shrank so much that the cupola of the entrance-hall gave way, and nearly fell in. As Burns once said to me, — ' I think your father and mine were the worst architects in Scotland ; ' and really this was not far from the truth." Who has not heard the threadbare story of Mr Erskine at this time, how he said to a friend who found him spade in hand in the midst of a potato - field, and inquired how he got on in his new line of life, that he was happy in the enjoyment of " otiiim cum diggin-a-tate " ? It is one of the many stories which have been told of Harry Erskine at Ammondell, and of Lord Erskine at Buchan Hill ; the narrator, as is usual in such cases, being positive that the facts were as he was relatingr them.-^ A portrait of Henry Erskine in his last years has been drawn wdth much feeling by one who knew him intimately and cherished a lively recollection of the kind and genial old man, by this time much weakened by failing health, and many, and various vexations. " The mail-coach," says the writer, " used to set me down at Ammondell gate, which is about three-quarters of a mile from the house, and yet I see as vividly as I at this moment see the landscape from the window at which I am now writing, the features of that beautiful and secluded domain — the antique stone bridge — the rushing stream, the wooded ^ It is noticeable with regard to the location of this morsel of anecdote, that the pronunciation of the Latin would suit the point of the joke equally well in England as in Scotland, at that period. A straw would turn the balance. Per- haps the straw may be found in the following fact. The Kev. Mr Walker of Monymusk, the biographer of Bishops Jolly and Gleig, was assured by the late Colonel F "that it was quite common in his younger days in Scotland to insert a voAvel between the g and n in the pronunciation of such a word as dignitas. Hence, he said, Lord Erskine's remark to a friend, so often quoted, had more point to a Scotchman of those days than it has to the present genera- tion, the phrase being pronounced otium cum diggin-a-tate.^' — See Life of Bis Jolly, p. 169. A PORTRAIT. 523 banks — and, above all, the owner coming towards nie with his own benevolent smile and sparkling eyes, I recollect the very grey hat he used to wear, with a l)it of the rim torn, and the pepper-and-salt short coat, and the white neck- cloth sprinkled with snuff. No one could or ever did tire in Mr Erskine's company. He was society equally for the child and for the grown man. He would first take me to see his garden, then to his melon-bed, which he never left without a promise of having one after dinner ; and then he would carry me to see the pony and the great dog upon which his grandson used to ride. Like most men of elegant and culti- vated minds, Mr Erskine was an amateur in music, and himself no indifferent performer on the violin. I think I scarcely ever entered the hall along with him that he did not take down his Cremona — a real one, I believe — which hung on the wall, and seating himself on one of the wooden chairs, play some snatches of old English or Scottish airs. Sometimes ' Let's have a Dance upon the Heath,' — an air from the music in Macbeth, which he used to say was by Purcell and not by Locke, to whom it has usually been ascribed ; sometimes ' The Flowers of the Forest,' or ' Auld Eobin Gray ; ' and sometimes the beautiful Pastorale from the Eighth Concerto of Corelli, for whose music he had an enthusiastic admiration. But the greatest treat to me was when, after dinner, he took down from the the top of his bookcase, where it lay behind a bust, I think of Mr Fox, his manuscript book, full of jcxLX (Cesprit, charades, hon-mots, &c., all his own composition." The volume in question in all probability, or a transcript from it, partly corrected by Mr Erskine's own hand, is now, very properly — as has been said — in the libra r}^ of the Faculty of Advocates. It contains, besides some of the larger pieces which have been mentioned, many of the little bits of verse in epigrammatic form, for which he and Lord Erskine were famous. Several, however, of Mr Erskine's verses of this description are not included in that volume, showing 524 HENRY ERSKINE. the difficulty of collecting such things when they have be- come scattered. In the case of Henry Erskine's they, more usually than in Lord Erskine's, take a classical form. One or two specimens ^ are given : — " That prattling Cliloc libs, forsooth, Demure and silent Cynthia cries, But falsely — for can ought but truth Flow from a tongue that never lies ? " 2'hc Fable 0/ Action exjjlaincd; to a Gentleman too much addicted to Hunting. " riusli'd by her brother's sultry beam Chaste Dian sought the cooling stream, Which, through her consecrated wood. In silence led its limpid flood, And, where it form'd a shady pool, Her fervent limbs she stayed to cool ; Thither by chance Actmon borne Follow'd the chace with hound and horn ; Dra-wn by the soul-enchanting view. He stopp'd, and gazed, and nearer drew (Who can resist the force of Love ?) He dared approach the sacred grove. With shame and rage the Goddess knew Her charms exposed to mortal view ; Beyond her reach her quiver hung, At distance lay her bow unstrung. What shall she do ? In haste she throws Some magic drops ; — a stag he grows ; From his own pack he vainly flies, Falls, bleeds, raves, bites the ground, and dies. Now lest the moral you should miss, 'Tis neither more nor less than this, — Actwon was a jolly squire, That stinted not his heart's desire, ^ Mr Erskine's rendering of certain of the old Latin mottoes over the doors in 8t Mary's Wynd and the Cowgate were extremely witty, but hardly such as may be repeated here. The following, however, may. A certain Mv Lawes, an acquaintance of the family, whom he bored a good deal with his tiresome talk, died. When the news came out to Ammondell his grand-daughters said, " What shall be his epitaph ? "— " Laics deo," answered Mr Erskine. QUIPS AND EPIGRAMS. 5^5 Which ran, like your's, on hounds and horses, And other such expensive courses ; Until, beyond Ids fortune's bounds Keeping his horses and his hounds, (Remark, and shun his sad disaster,) The pack at last eat up their master." Epigram. " When poets sing how often Love Laid down his godhead for his love ; How, gli'iing in a golden shower, He stole to Bmczs guarded bower ; How, figured like a snow-white swan. He gained a nymph too shy for man ; Or how, a bull to Crete's fair plain, He bore triumphant o'er the main The princely maid in days of yore, That gave her name to Europe's shore. We moderns think it wondrous odd To read such changes of a god. And yet that mortal makes the same That wooes a modern high-bred dame. For, to a wife for interest sold A husband's but a shower of gold. Slave to her folly, or abuse, He's made— if not a sioan—^ goo^^c " Upoii the report that Mr Yorke, who had moved that strangers should be excluded during the examination of evidence concerning the Expedition to the Scheldt, was to be created Lord Dover : — " Since Yorlcc's made a pccv by the title of Dover All fears of invasion must surely bo over ; When he guards our coasts it may well be concluded,^ We shall always bo sure to have strangers excluded." Miss Grace BaiUie, one of the same handsome family as the " bonny Lesley Baillie " immortalised by Burns, shared, with many another, in Mr Erskine's admiration. He used to call her the Provod—t\v^t is to say, "the chief of all the BaUUcsr The young lady— so the gossip ran— nnght have 526 HENRY ERSKINE. been the head of all the Montgomeries as well, but for a humour over-exacting in the matter of personal devotion. At a riding -party the young lady happened to drop her whip ; several of the cavaliers dismounted to pick it up, but not, unfortunately for future amity, the nobleman who — the lady considered — should have been the first to offer the service. It was on the occasion of Miss Baillie being recommended to apply a wedding-ring as a cure for a sty, that Henry Erskine repeated the lines — " Can yonder cloud that envious shades "With mantle dark the solar ray, Obscure the glorious orb, or cause Aught but a softer gleam of day ? Throw then away the glittering charm Which superstitious fools commend : Gold can thine eyes no keener arm, Nor their resistless sway extend. " Mr Erskine in his retirement had much delight in the society of his children. His eldest son Henry David, after- wards twelfth Earl, who has been so frequently mentioned in the course of this narrative, was especially valuable to him, and a source of much comfort in his later years. The " young Harry," as has been stated, was in his youth of an exceed- ingly delicate frame, which, as he advanced in age, was asso- ciated with a temperament sensitive, kindly, and gentle : this was the opinion of those who knew him best, and could appre- ciate his tender and fascinating ways. His father used to say that in Henry David, his son, were to be found many of the qualities of " a hero of romance." Charles Kirkpatrick Sharpe has given ^ what has been recognised as a correct sketch of the Earl of Buchan as a young man : " I have painted a copy of young Harry Erskine's picture, done by Watson, in oils. Lord Buchan lent it me, and hath since introduced me to the original himself, with whom he wishes me to be intimate. He is a very captivating ^ Etchings and Memoir, p. 13. HENRY DAVID, TWELFTH EARL. 527 young man, with much of the fjimily (quickness, more of its singuhirity, and (though not so handsome as his picture) of an appearance wonderfully superior to the common run of rusticks in this untitled, lawyer-ridden, and deserted city." He is also spoken of by Archibald Constable as the com- panion of many of the men prominent in Edinburgh artistic society about the same period.^ It is not always an advantage to be the immediate successor of a famous man. Many persons with whom the young Earl was in close intimacy knew that there were many fine points in which he closely resembled his father. In one point, also, which has been indicated as characteristic of Mr Erskine (and it has not been attemj^ted to show him as faultless in this story), his son it is thought shared to some extent — namely, an intense unwillingness to cause pain or disappointment, — in effect, to give a negative with sufficient decision to prevent the thought in the minds of expectants that the fruit did not always follow the blossom. Lady Mary Wortley Montague's description of a very great man in her day has been thought to bear no little resemblance to Mr Erskine, and to his son, in some of the kindly points indicated : — ' * The pleasant neighbour and the worthy friend, The generous master of a private house, The tender father, and indulgent spouse. The hardest censor at the worst believed His temper was too easily deceived (A consequential ill good-nature di-aws, A bad effect, but from a noble cause)." There are still many who recall with pleasure the quaint humour of Lord Buchan, as well as his marvellously sweet and sympathetic nature. These gentle traits, Mr Thackeray, amongst many others, understood and appreciated. Often would he, with a genial smile, take out his pencil and make note of some of the droll stories with which the Earl's memory was stored, several of which are recorded in this ^ Correspondence, i. 104. 528 HENRY ERSKINE. volume.' The gentle and lovable nature spoken of, was not, however, well calculated to encounter the troubles which the Earl inherited on his father's death ; mismanagement, and a " temper too easily deceived," having done their worst for what should have been a splendid estate. Mr Erskine's younger son, George, an officer of the 12th Light Dragoons, saw all the service in which that good regi- ment was engaged in the Peninsula ; and with it bore himself gallantly at Waterloo, where his cousin, Esme Stuart Erskine (Lord Erskine's third son), on the Headquarter Staff, fell severely wounded, — losing an arm — at the Duke of Welling- ton's side. "Nature teaches beasts to know their friends." She ex- tends her instructions, also, to young children. The love which all children had for Mr Erskine at first sight was one of the most striking peculiarities connected with him ; and is only one of the strong proofs of his gentle nature that might be adduced. Long after he had become a great and busy man — it is related — a lady of their acquaintance had occa- sion to " exhibit " to her little girl a cup of that most popu- lar but nauseous remedy, " senna tea," the terrors of which the present generation of young people know nothing of. A strong bribe was necessary. The sufferer — as in the case of another damsel — was somewliat rashly promised "what- ever she should ask." The stuff was taken, and fulfilment claimed. The invalid, after due comparison of good things, thought she should like,— rather than the possession of doll, 1 Henry David, 12tli Earl, died in 1857. Some time ago a pretty little chapel and monument were erected at Broxburn by Caroline, Countess Dowager of Buchan, to lier husband's memory. The following is the inscription, from the pen of Dean Stanley : — " In memoriam Henrici Comitis de Buchan xii. indole simplici benigna, gen- crosa, aifjui servantissiraa insignis conjux vidua, semper moerens dulcissimae consuetudini^ non abolesccntoe gratia anno xx. post obitum ejus hoc monumen- tulum ponendi curavit." ANIMAL CRJTJCISM. 529 or gun, — " that Mr Erskine should be sent lor to play witli her." Closely connected with this feeling, or instinct — which you will — is the opinio7i, amounting to perfect confidence, which every animal had of Mr Erskine. This property — whatever the explanation of it may be — of attraction for animals, is one that is very apparent in certain of Henry Erskine's de- scendants. In presence of these, the uncharitableness of the most snappish cur, or malice of the most misanthropic ape, drops pow^erless. " Who can tell what just criticisms Murr, the cat, may be passing on us beings of wider speculation ? " says George Eliot. " We know not what means she, Murr, may have of judging." Lord Buchan used to relate how, at Ammondell, a very imperfect ass which used to appear every morning at the dining-room window, began to develop into a most amiable donkey in Mr Erskine's hands, by help of perseverance, warm tea, and breakfast-rolls. Lord Erskine's ideas regarding the lower animals are well known. Without a doubt he was more proud of his connection with the Act of Parliament relating to Cruelty to Animals than of many more brilliant incidents in his career. His theory as to the higher qualities of animals,^ it is be- lieved, Henry Erskine held with equal sincerity. 1 Tlie Lord Chancellor's lines on "Jack," the pony that carried him on liis journeys on the Home Circuit, are well known. In a letter (14th December 1814) to his brother Lord Erskine wrote -the following verses, wliich, it is be- lieved, have never been printed. He says — "Over the page are my lines to Poor Piioss, which was an abbreviation of ' * Aldeborontej!>/i05scofornio " in Chrononhotonthologos. The good dog, how- ever, had no burlesque belonging to him, but, on the contrary, was tlie most sagacious and affectionate being ever created. He lived to the age of 20. Poor Mrs E. was very much attached to him, — " Dear honest Plioss, Ah ! what a loss To us 'twill surely be, When death one day, And soon he may, Shall lay his hand on thee. Upon thy bier We'll drop a tear, But still on hope depend That wortli like thine, 2 L 530 HENRY ERSKINE. So the years ran on of a quiet life, the hospitable doors of Ammondell, ever open to receive the guests, no matter from what country abroad,^ or of what party or clique at home, who by taste and culture were capable of appreciating the gentle life which was tlie characteristic of this most attractive household. The three brothers at this time were absorbed in country pursuits, and looked on, with what philosophy they might, at the course of public events. Thus, in 1813, the ex-Lord Chancellor wrote to Lord Buchan : — "My dear brother, nothing is more beautiful than a walk under cedars ; and at 24 feet apart, I have no doubt you will live to see them meet, as when once rooted, they grow very fast ; and tho' you do not grow now, you are wdl rooted for removing, when you are; the fruit of private life instead of the stupid anxieties of the political world." In 1815 there is a long letter beginning as usual, " My dear Harry," written at this time by his old friend and cor- respondent Sir Thomas — now become Lord Dundas ; the sub- ject, however, is no longer politics, but one as interesting to Mr Erskine now, as any affair of State — namely, the proper mode of preparing Eoman cement; which is gone into with the same precision and detail as were wont to be bestowed on the India Bill : he concludes, " Mr Stephenson, {sic) the engineer who built the Bell-Eock Lighthouse, can tell you its merits." By power Divine, To life must re-ascend. Perhaps in other form (For man is but a worm) Thy faithful heart shall beat ; Or as a spirit fair, Swift gliding thro' the air Thy much-loved mistress meet. " I have Phoss's remains at Hampstead in a leaden coffin. Although the poet is entitled to his license, yet I never could find anything in the Christian Scrip- tures which forbad the belief of a future state to animals ; indeed, when one observes so many titles to happiness existing in some of them, I should trem- ble for my own immortality if I could believe that, upon death, they perish for ever. . . . Euskine." ^ The Princess Dashkoff was one of these strangers, and gave ^Ir Erskine no little trouble with her autocratic treatment of her servants. PROMISES AND DISAPPOINTMENT. 531 Amongst other promises held out, a peerage was offered to Mr Erskine. It was understood tliat he should be Baron Ammon- dell. A letter from Lord Erskine about tliis period, contains the expression that the peerage is the only thing now for Harry to look to. This hope proved as vain as the others.^ It would appear that even thus late in the day, Mr Erskine and his friends continued to believe that there was something of sincerity in the Prince Eegent's professions, for the old story is told over again at this time. It had been thought that the dignified office of Lord Clerk Eegister, which was expected to fall vacant, would be a not unsuitable reward for this faith- ful public servant. Lord Erskine, however, w^rites to Mrs Erskine, expressing the utmost vexation at the post having been conferred on Colquhoun : " Everything possible was done," he says. "Adam had in the kindest manner laid the ground, and the Prince had not forgotten Harry, and, as Macmahon told me, most unwillingly relinquished the object ; but Lord Liverpool had promised the Duke of Buccleugh, and before Lord Frederick^ was cold in his bed. Lord Sidmouth was sent from Lord Liverpool to claim it. . . . There seems literally to be a spell upon our family ; arising, however, from our continuing, after the death of Fox, to be connected with men who assume the name of a political party, but by their folly have ruined their . . . country along witli themselves." The complaints about this appointment were general. Eobert Dundas writes to Chief-Commissioner Adam from Bath, 21st March 1817: "When I saw Colquhoun's appointment was determined on, I urged a joint appointment to liim and Henry 1 There is still preserved in Lord Erskine's family a handsome topaz in the form of a seal. It was the gift of the Prince of Wales to the Lord Clianeellor. The stone is uncut; this was at the express desire of his Royal Highness, who stated at the time that it was his intention to add to his adherent's honours an EarVs coronet^ which he hoped to see engraven on the stone, — which remains a witness to the truth of one text of Scripture. - Lord Frederick Campbell, Lord Clerk Register, third son of tlio Duke of Argyll, died June 1816, aged 87. 5 3 2 HENR V ERSKINE. Erskiiie, not only on account of the latter, but that the nomina- tion of a man so generally beloved and respected, and of such rank and family, would take off part at least of the odium so generally attached to the nomination of Colquhoun alone." Charles Hope from Dawlish writes in high anger on the same subject ; as does Mr Adam from Blair Adam. Lord Erskine, on 5th September, wrote : " A certain person is so completely changed, so arbitrary, and so determined to carry his government with a high hand, that I verily believe he hates every one not prepared to worship any golden calf that Nebuchadnezzar might set up, and he has taken no one step whatever," — meaning, obviously, in Mr Erskine's behalf. " But," writes his son, " patronage and neglect were now very soon to become alike indifferent to him. About a week before his death, he sent for his neighbour and old opponent, but intimate friend. Lord Meadowbank, and entrusted to him the task of procuring some provision for his widow. He was not long very seriously ill ; his daughter Harriet and his grand- children of the Callander family were staying at Ammondell when his summons came. Lord Hopetoun, when he heard of his danger, came and sat some time by his bedside. He saw, I believe, no one after that but the physician, his daughter, and his wife. " The bright fancy was quenched, and the kind heart ceased to beat on the 8th of October ; and Dr Simpson, minister of Kirknewton, uttered the last prayer beside him, and attended his remains to their resting-place in the vault of L^phall Church." ^ Thus passed away the man who was, with little of exag- geration, declared by a noble speaker in the House of Lords to have been " the best beloved man in Scotland." The Earl of Buchan, in his grief for the loss of his brother, in a manner characteristic of himself, but not the less real, ^ Six years after Lord Erskine -was buried in the same place ; Avitliiii a few yards of the scene of their first studies, quarrels, and brotherly love. LAST SCENE OF ALL. 533 finding his own language inadequate for the expression of his feelings, had recourse to that of Cicero, and exclaimed — " Mihi quidem frater mens, quanquam nunc ereptus, vivet, tanien, semperque vivet ; virtutem enim amavi illius fratris, quie extincta non est. Nee mihi soli versatur ante oculos, qui illam semper in manibus habeo, sed etiam posteris erit clara et insignis ! Equidem ex omnibus rebus, quas mihi aut for- tuna, aut natura tribuit, nihil habui, quod cum amicitia fratris mei possim comparare." Long afterwards Mrs Archibald Fletcher wrote in her diary, regarding the sorrow of her friend, Mrs Erskine : " Last night was the anniversary of the day Mr Erskine died, and my friend, who is a great observer of seasons, is much de- pressed by the sad recollections of that event. She is pious and amiable in no common degree ; but oh ! she is desolate. She has no children. ... I grieve for her want of objects on whom to dwell with joy and thankfulness." ^ Lord Erskine, it will be believed, was not less sincere in his regret. Certain lines, which commended themselves to him as appropriate, when a kindly reference w^as made to his brother's memory by Lord Jeffrey, may claim a record here from that circumstance, rather than from any remarkable excellency of the piece. " Wliy are the harps of mightier bards unstrung, Whose proudest strains were graced in sounding here ? And why, Erskine ! is thy rcciuieni sung, In verse less glorious than thy bright career '\ In verse that needs thy name to bid it live With borrowed fame, no verse to thee can give ? And yet, how bootless 'twere of thee to speak, Unless to tell of theirs and Scotia's j)ain. Since all who knew thee, know, too well, how weak Were learning's laud, or fancy's fondest strain : How weak were all, but language like thine own, And who is left that boasts its magic tone ? ^ Autobiography, p. 160, 534 HENRY ERSKINE. Mute be the muse ; the tongues of all will tell, With busy fondness, that the eye is closed "Which spake persuasion wheresoe'er it fell, Ere its sweet wile the silver tongue disclosed, And hushed those words, which seemed, to fancy nigh To drop like stars from an o'ercrowded sky. And cold the heart which kindled every word. Or raised in justice or in freedom's cause ; Or gaily sparkling at the social board, Where thou wert still the light of all that was. There be, of giant power, and giant deed, Shall want a tear their blighted sod to steep ; But oft shall crowds, admiring crowds, succeed By thine to linger, and applaud, and weep. No sculptur'd marble need thy story bear, Enough for fame, that Erskine's buried there ! " APPENDIX. 537 No. II. (Page 38.) Sill Thomas Browne's DAU(iiiTEit ELizAnr/nr, and his (Ikand- DAUGIITER, THE CoUNTESS OF BlCHAN. Tlie good old physician's daughter Elizabeth was the last of his children to leave the paternal roof, when she married Captain George Littelton, of Prince George of Denmark's Regiment of Dragoons, youngest son of Sir Thomas Littelton, Bart. She had been her father's companion, and attendant upon his literary labours, and had deserved his highest commendations, even before the period when *' The king knighted the so famous Broivn, Whose worth and learning to the world are known," They ultimately settled at Windsor, where Major Littelton lived to a good old age. The following letter, from the favourite daugli- ter of Sir Thomas Browne, — which, so far as I am aware, has never been printed, — will be read with interest, if only for the sake of her father, the worthy old philosopher of Norwich. Mrs Littelton to her Niece the Countess of Buchan. "Windsor, Nov. 17, 1704. " Dear Madam, — I must beg the favour of you, that when you write you will please to say whither you did receive a letter fi-om me, inclosed in one from my Niece Brigstock.^ I think it was the beginning of this last summer ; she guesses it did not come to your hands, and then we must both appear very fiiulty in not acknow- ledging your Ladyship's incouragement to write. I think it was in that I writ my Cousin Tenison's - invitation, if you come to Eng- land your whole family should be cordially welcome to lier house at Canterbury. He proves a very good man, and would be truly glad to serve your Honor, or any of yours. I have intrusted him with some things ; for, as I did write you in my last, my health is much gone ; Mr Littelton much older and not so much to be de- pended upon. These things at Mr Brigstocks and here, I should be glad were kept safe for you. ]\Iy two Cousin Tenisons are my Trustees, who will faitlifuUy see to my Will's performance, but the ^ Anne, sixth daughter of Dr Edward lirownc (and granddaughter of Sir Thomas) married Owen Brigstocke, Esq.. of Llochdenny, Co. Carmarthen, M.P. 2 Dr Thomas Tenison, vicar of St ^lartin's, afterwards Archbishop of Canter- bury, edited tlie first collective edition of Sir Thomas Browne's works. The I'lder ])rother of the Archbishop, Archdeacon of Norwich, married Miss Mileham, ."sister of Dame Dorothea Browne. 538 HENRY ERSKINE. goods should be put somewhere by next midsummer, when my Niece goes to live in Wales, and perhaps may come as seldom to London as your honor. I hear they in Scotland have chosen bet- ter Commons than the last time. I pray God grant it may be so, and in England also ; but I do not hear it is of use, not a Majority, 'tis to be feared, an infatuated Clergy the greatest part ; and they and the Tr. . . . are well agreed. We had it in our power to put down the French King, but since all is quite contrary, may God grant that honor to the Northern Princes to help the Emperor and Elector of Hanover and all Europe, nay, the whole w^orld, to their laws and liberties : here are them who will struggle hard for their Keligion and Liberties. " I hope God will keep you in all His merciful Everlasting Arms, Blessing your Noble family in all its branches. — With my most humble service to my Lord, I am, Madam, your very humble ser- vant, E. L." After the death of Sir Thomas Browne, several of his writings appear to have been mislaid. It was not till 1716 that the Chris- tian Morals was recovered (after being searched for by Archbishop Tenison) and printed. Though much inferior to Religio Medici and Urn Burial^ it is interesting as containing the first thoughts of many of his other works, and as the last of the author's writings. Mrs Littelton had been with her father while he wrote this work, and had read it as it came from his pen. She was an executrix under her father's will, and it may be supposed spoke the sentiments of the family when she composed the following dedication of Christian Morals to the husband of her niece, Frances Fairfax :— To the Right Honourable David, Earl of Buchan, Viscount Auchter- house, Lord Cardross and Glendovachie, one of the Lords Com- missioners of Police^ and Lord Lieutenant of the Counties of Stirling and Clackmannan, in North Britain. " My Lord, — The lionour you have done our Family obligeth us to make all just Acknowledgements of it : and there is no form of acknowledgement in our power more worthy of your Lordship's Acceptance than this Dedication of the Last Work of our Honoured and Learned Fatlier. " Encouraged hereunto by the Knowledge we Jiave of your Lord- ship's Judicious Relish of universal Learning and sublime Virtue, we beg tlie favour of your Acceptance of it, which will very much oblige our family in general, and her in particular who is, my Lord, your Lordship's most humble Servant, *' Elizabeth Littelton." APPENDIX. 539 No. III. (Page 104.) Extracts from a Discourse addressed to Soldiers by Ensign THE Honble. Thomas Erskine, 1st Royal Regiment, at St Heliers, Jersey, Dec. 31, 1769. (1 Kings xx. 27, 28.) " The sole end of preaching must be allowed by every rational inquirer to be principally directed and intended to enforce the prin- ciples of religion and morality, and amend the lives of mankind. "It is much to bo regretted that in the present state of our Church the principal object in most of our dignified Churchmen and religious authors seems to be the displaying their own critical learning and knowledge in composition more than the illumination and instruction of those committed to their care ; entering into nice distinctions, double meanings and interpretations of abstruse doc- trines, and forgetting the principal object of their profession — that of speaking to tlie feelings and understandings of their hearers, convincing them of the deformity of vice, and applying their superior talents and arguments in engaging them to enlist under the banners of Virtue^ who has no respect of persons, but rewards impartially all her happy adherents. "A soldier should, therefore, above all men endeavour to dis- charge his duty to God and his neighbour in such a manner as that, if the fate of war should summons him suddenly from this world, he may be received by his Maker as a good man who died in the service of his country with a conscience void of offence. And if a man will cooly consider the dreadfull disproportion between the limited span of time and the endless never-ceasing ages of eternity, he will require no argument to convince him of what immense im- portance a virtuous life and conversation is, and will be, when the affairs of this world shall vanish like a dream, and he is called before the awfull tribunal of a just and Omnipotent Judge to answer for his works done in the body, whether they be good or whether they be evil. " But above all, for the love of my country, for the success of her armies, let me inforce a religious, a just, an honourable life : for never did real bravery, never did true courage exist without it. Many, I confess, have a constitutional furious undaunted resolu- tion, but that may, nay, has been known to fail : whatever depends upon the body is perisliable ; nothing is permanent but what has its rise from the soul — from real and steady principle. " Nature has implanted in the breast of every living being a dread of death, and if wo duly consider its dark and mysterious nature, it is not to be wondered at. There must, therefore, bo 540 HENRY ERSKINE. some more powerfull principle in the breast of a man to counteract tliat fear to enable him to smile in the face of the king of terrors, to enable him to be cool and master of himself in the heat of dan- ger — the most essential quality in a good soldier. I know of but one principle that possibly can do it — must be religion : and what is religion? What is its power but the happy consciousness of having endeavoured to obey the laws of God, and of having dis- charg'd the duties of a station with honor ? Nothing then can give that consciousness but morality, which is ever the consequence of true religion. A foolish trust and dependance on God where a man has no riglit will never do. Enthusiasm will not do. Eeligion, like a tree, must be known by its fruit — and that fruit must be good works." Berwick Beauties. A Burlesque. Wrote when quartered at Berwick WITH the Royals, 1768, by Ensign the Honble. Thomas Eeskine. May my song soften as I Rogers hail, Pride of her sex ; and let the Muse bewail With falling tear her lost poetic fire, When charms like her's provoke her tuneless lyre. To tell how Rogers foots it at the ball, Or how she trips along the rampart wall. How the soft nymph, from warlike Barney sprung. Can charm Avith Berwick accents on her tongue — For what her uncouth jargon can't express, Her meaning eyes with ample truth confess. When Eymouth virgins crowd the happy ball, And black-eyed Robinsons adorn the hall ; When Hilton s goddess takes the chair of state, And smiles benignly on her graceful mate, Who, while she prudently conducts the ball, Staggers along— and d the all. Let not the Muse their beauteous offspring name Midst such a motley crowd ; great were the blame To level lovely Hester with the rest : Superior to them all she stands confesst. Such are the nymphs that grace the weekly dance. To please each soldier Avith some tender glance. What tho' their miry walks each gown displays, And their splash^l stockings mark the dirty ways ; E'en tho' a hole their lilly legs should bare — A small mischance — hose can't for ever wear ; And Fate indulgent has not equal given A plenteous l-itt — such is the will of heaven. Thus once each week the nymphs are in the sudds, And ply the tliread and wash, and mend, their dadds — Most useful task. Hence let no son of war At Berwick quarter'd dare their work to scar ; APPENDIX. 541 Let no rude visit 011 tlie week's last ni^lit Dare to unveil them in sueh busy plight. The nymphs Avould fly, while he all dark might grope, And soil his scarlet in a tub of soap, Well merited— for trying to defeat The weekly rigging of a beauteous fleet That cruise the ramparts, and with dazzling eyes Each season take a military prize : So fate has fix'd. Hence let no son of Mars Look on their dressings and their charms as farce. {From iJAS'. Volume. ) No. IV. (rage 183.) Letters of Lady Anne Erskine to Mrs Elizabeth Steuart OF CoLTNESs. [From CoUness MS.) *' Spa-Fields, Jtdt/ ye II, 1792. "My very DEAREST AuNTY, — . . . It is an excellent ob- servation of a dear friend of mine, who I expect to be here soon for the supply of this chapel, ' Whatever we do not see to be in the Lord we shall certainly seek for out of Him.' I have just been writing a few lines to him to fix the time of his being here, w''^^ I was not well enough to do before. He lives in North Wales, a great way from this. He was the last person to whom my precious and beloved friend wrote, and the last person she named in this world, and the first who came for the supply of this chapel after her funeral, and the Lord was pleased to make him a great comfort to me. I told him I was sure the liord would give him a double portion of His spirit when he returned home, and so indeed He did, for there was such a wonderful outpouring of the spirit on his congregation at Bala, on the 2nd Sunday in October, that the people cried out aloud for the Lord to have mercy upon them, and what must they do to be saved ; this w\as in the evening, and by 9 o'clock at night there was hardly a house in the town in which the crys and groans of some person under conviction of sin was not to be heard, and the same awakening power fell at the same time on some little societies who were meeting for prayer, Sec, in the neighbourhood. The eftects it produced, and continued to produce for a considerable time, were wonderful, and he says in a letter he wrote — ' If it continue but for a short time to come, as it has done for some time past, the kingdom of Satan will be in ruins in this part of the country.' I shall hear more when he comes to town. I hope you will receive the parcel safe w*^^* I sent you. The 542 HENRY ERSKINE. spectacles are new, tho' I had the mortification to drop some ink on the case by its lying on my desk for some time, while I waited for an opportunity of sending them. If they do not suit your eyes, return them to me, and I will get them exchanged. I wore them on Easter Sunday, a day never to be forgotten by me I hope on earth, and I am sure it never will in heaven, for the won- derful blessing the Lord pour'd out on my soul ; I need not grudge a little sickness or sorrow when I consider how He fills my soul with His love, and with joy unspeakable and full of glory. my dearest Aunty, I serve a good Master. I would not only walk in His ways, but fly in them if I could. — May He love you and bless vou and keep you, is the prayer of your ever dutiful and affec*- and most affec*' niece. A. A. Erskine." "Crown Ixn, Readixg, Berks, July 20fh 1793. " My very dearest Aunty, — ... As I never stir over the door, seldom even for a walk, you will naturally wonder what should lead me to Goring. I answer. He led me there, without whom I would not step over the threshold of the door if I knew it out of His will. But He has done great things for poor Goring, w^^- is a place so noted for wickedness, that I am told it was a common saying in Berkshire that ' there was but a sheet of brown paper between Goring and hell ; ' and now the Lord has some very precious people there. It is ab*' 4 years since one of my pre- cious friend's ministers has been there ; and many are the seals the Lord has given to his ministry there and in the neighbouring villages. I like to beat the devil on his own ground, and through storms enough the Lord has given me the victory, and I have been down to the opening of the chapel there, which is just finished. My direction from tlie Lord was so express to go that I could have no doubt of it, and He has indeed given me a most prosperous journey in the will of the Lord. I set out about 7 o'clock on Tuesday morning, and took two very lively able ministers, and Mrs Durie, in the coach with me ; changed horses several times on the road as the weather was violently hot (and a merciful man is merciful to his beast), and arrived at Goring about 10 o'clock at night. The chapel was opened next day, and we had service in it 3 times — i.e.j morning, afternoon, and evening, and a large lively con- gregation, very many of them newly awakened souls, and on Thurs- day evening I had the Gospel trumpet blown around the neigh- bourhood ; for I had sent down some young soldiers of Jesus Christ from the college (w"^- is now in Hertfordshire about 14 miles from London), and I had it given out in the chapel on Wednesday evening that there would be preaching at all the different villages in the neighbour] lood, and sent a minister to every one of them ; APPENDIX. 543 and on Friday afternoon I loft Goring and came as far as Heading on my way lionie, where I slept, and began this letter in the morn- ing before I set out, but being Saturday (w'"''- I did not recollect) and no post to London, my haste to send it was in vain, so I brought it to town with me, where the Lord has brought me in peace and saf(3ty on Saturday night at nine o'clock. '-'■ I could tell you some pleasant anecdotes concerning Goring and my journey there, but my 5 days' absence from London leaves me so much business to settle on my return, and so many letters to dispatch, that I dare not venture to begin my history to you lest I should be interrupted in it, and miss sending your letter in good time. . . . your dutiful and most affec*' niece, A. A. Erskine." " The supposed cause of my complaints were too much application to business, living too low, and taking too little exercise. As to the last, I believe it may be true enough ; but as to the two first, I believe not a word of it, — for I am well convinced that diligence and temperance never hurt anybody. I only wish, if it was the Lord's will, that I was ten thousand times more diligent than I am. Anney Lesslie used to say, ' Na, positeevly^ my, dear, you are just killing yoursell, — eating just nathing at a', and drinking a drop sma' beer. If ye would do as I do, Avalk aboot a' day and see your friends, and drink porter, and twa or three glass's o^ ^oodi port wine, after your dinner and supper, ye would be very weelL' I said, * I wish, Anney, my Aunty Betty was at your elbow : she would give you a good dressing for your advice ; ' but Anney was not convinced, nor I either ; so I continue to go on just as I did, — and tho' I am not well, I am, upon the whole, considerably better ; and when the weather permits I take a walk in the fields, and find that my way of living agrees with me better than any other. If health is best for me, I shall have it ; and I believe I sliall. One thing I know, that we are never so happy as when we leave ourselves ichoUij in His hands who does all things well. A. A. E.'' 544 HENRY ERSKINE. No. V. (Page 335.) CORRESPONDENXE BETWEEN THE HoN. HeNRY ErSKINE AND SEVERAL Members of the Faculty of Advocates. " To the Members oftlie Faculty 0/ Advocates not resident in Edinhurgh. " Princes Street, Dec. 2 [1795]. " Gentlemen, — The distance of your residence, and my ignorance of the proper address to many of you, obliges me to take this method of communication. " I yesterday received a letter from the following gentlemen, Members of the Faculty : John Pringle, Esq. ; Allan Maconochie, Esq. ; Neil Fergusson, Esq. ; Eobert Craigie, Esq. ; Charles Hope, Esq. ; James Oswald, Esq. ; David Hume, Esq. ; and David Boyle, Esq., Advocates. " Of which Letter the following is a copy ; — ' Edinburgh, Dec. 1 [1795]. ' Sir, — It gives us very great pain to find ourselves called upon, by the sentiments we entertain of what becomes us as good sub- jects, to transmit to our brethren a letter, of which a copy is en- closed. But we should feel still more unpleasantly if we were not persuaded you have too much candour not to ascribe this measure to its true cause, and believe that, in point of personal regard, we remain your friends and well-wishers.' (Signed by the eight gentlemen named above.) '' The following is the circular Letter referred to in the above: — •Edinburgh, Dec. 1 [1795]. ' Sir, — We take the liberty of addressing you, as a Member of the Faculty of Advocates, upon a matter which appears to us very nearly to concern the reputation of that learned and honourable body ; we mean the election of the person who shall preside over them as Dean for the ensuing year. * It will, Sir, be obvious to you that sentiments and principles of the Members of the Faculty, relative to those great national and constitutional interests which, unhappily, have for some years been so much the subjects of anxiety to all lo^'al citizens, must, in a great measure, be judged of from the conduct of the person who, APPENDIX. 545 by their annual and voluntary clioico, is raised to the liiii,li station of head of tlic Bar, and of their Society. < In this view, with which we are stron^-ly impressed, \v(; beg leave to press it on your serious attention whether tlio late political con- duct, and pubHc appearances, of the present Dean of Faculty, on occasion of the Bills now depending in Parliament, for the better preventing of seditious assemblies, have been such as merit their approbation, or render him the most proper person that can be found in the Faculty, to represent them to the world, and to sus- tain their character of attachment to the laws and constitution of their country. ' The Lord Advocate has been proposed by a great number, as a person who, in this, and in all respects, is fit to be confided in, and worthy of the honour ; and, hoping that, along with tis, you may view him as a proper successor, we request your presence on the day of election, which is the 12th day of January next.— We are, Sir.' (Signed as before.) "And the following is my Answer to the above-recited Letter :— 'Edinburgh, Dec, 1 [1795]. ' Gentlemen,— I have this moment received your letter. What- ever sentiments I may entertain of the political motives it avows, I am bound to acknowledge the personal kindness it expresses towards myself. The propriety of making the communication, after having canvassed many of the Faculty (a fact to which I am no stranger) I leave to your own feehngs. ' I had the honour (and I reckoned it the highest honour of my life) to be elected Dean of the Faculty of Advocates, at a time when, along with several of those who now compose his Majesty's Cabniet, I opposed the Administration of Mr Pitt, on principles of which it is my greatest pride to reflect, that no view of personal interest, no fear of personal consequences, have ever induced me for a moment to swerve. The utmost interest of Government was exerted to defeat my election ; but the Faculty were free and independent. Their spirit resisted undue influence, and I was placed at your head by a decided majority. * It would be presumption in me to say that my conduct ever since has deserved your approbation ; but to what else can I impute your having, ten successive years, re-elected me unanimously to the same honourable situation? ' I am bound to give you credit for the motives which you say have induced you to take a step unprecedented in the annals of the 2 M 546 HENRY ERSKINE. Faculty. I was originally elected in consequence of personal solici- tation. It would have been arrogance in me to Lave expected to attract your choice, without my expressing the honourable ambition I felt to preside amongst you. I shall not now descend to solicita- tion. To the Faculty, my character, my conduct as a gentleman, as a brother, are known. If a majority of your number, departing from the uniform sentiments of our body, to exclude political dis- cussions and considerations from amongst us, shall withdraw from me their suffrages at the ensuing election, I may regret ; but I am proud to say, the cause of their doing so, I shall ever reckon my highest honour. * Descended from ancestors whose exertions contributed to bring about the glorious Eevolution, which secured the liberties of my country, which placed the present illustrious family on the throne, and the principles of which, I trust, shall preserve it there to the latest posterity, it is my pride and glory to have come forward at this alarming period to preserve those liberties from invasion : to have done so, along with many of the most noble and illustrious characters in the kingdom, alongst wdth the united voice of all the public bodies, and the great mass of the inhabitants of the metro- polis of the nation, and of the great majority of its counties and cities ; but, above all, with the unbiassed, the uncorrupted dictates of my own conscience. * If such conduct resulting from such motives unfits me, in your opiJiion, any longer to fill the chair of the Faculty, you will act as you see fit. If such shall be the opinion of the majority of my brethren ; if they are determined that there shall no longer be amongst us freedom of political opinion ; if party prejudice and violence are to usurp the place of moderation, of personal respect, and of private friendship, — I can only say, that such w^as not the Faculty of Advocates when I was first honoured with the situation I now enjoy. To have received it was a high honour. I shall consider it as still a higher honour to lay it dow^n. For, in my opinion, the highest honour that can be enjoyed by a virtuous mind is — the reflection of having allowed no personal consideration to stand between it and the firm, manly, and independent performance of public duty.— I am, &c., , Henry Erskine.' (To the Eight Advocates. ) " I feel myself called upon, in justice to myself, to communicate these letters to you. I submit the sentiments therein contained to your judgment and feelings, and that manly and independent spirit which has hitherto characterised the Faculty of Advocates, trusting that the period of its extinction is not yet arrived. — I have, &c., " Henry Erskine." APPENDIX. 547 [A letter in terms nearly identical with tlie last para-raph of tlie above was forwarded on the same day to Mr Arch. Fletcher, and doubtless to the other friends of ]\Ir Ersknic.] " Edinburgh, Dec. 2 [1795]. a SiK — We have had the honour of your letter in answer to ours of yesterday. ., , . ^-n .• f +i .. *' We do not hitend to enter on any detailed justification ot the measure to which, not without much reluctance, we have loun.l ourselves constrained to resort. If it be, as you say it is, an un- precedented measure, it is at least not more so than that situation of the country and those proceedings, sir, on your part as Dean ol Faculty which have given occasion to our interference. But our brethren of the Faculty, and the public at large, are fully acquainted with those circumstances of your behaviour at the Circus, and at the previous meetings,i ^pon which our resolution ha^ been fcrounded, and they will judge between us, probably with very little reo-ard to any encomium which we might chuse to pass upon ourselves respecting the purity of our motives, and the tendency of our line of conduct. "There are but two things in your letter to which we think it necessary to reply. The one is a misconception which runs throughout it : as if the matter at issue between us were a mat- ter of voices (in the vulgar sense of the word), or of attachmen to this or t'other set of men, as candidates for public favour and pre^era^ien ^ solemnly declare to you and to our brethren of the Faculty, that it is no such mean question. The interest now at stake is nothing less than this. Whether the happy government and constitution of these realms shaU stand or fall? And wliat our brethren have to consider is. Whether it be consistent with tlieir honour, or their duty, that the Dean of the Faculty of Advocates- that body which ought to be the firmest bulwark of the laws- should act the part of a demagogue in agitating the ignorant and ffiddy multitude, and cherishing such humours and dispositions as, in onr opinion, directly tend to overturn them? To those of tlie 1 At the meeting to which exception was especially taken-iiamoly, that at Sommer's Tavern on Saturday 28th November-the chairman was Mr Manslicld of Midmar ; whUe the resolutions were moved by ISIr Erskme. "Copies of the petitions to his Majesty, to the House of Lords, and to the House of Commons will be lodged early on Monday morning, for the signatures of the inhabitants, at the Circus, head of Leith Walk/'-Ca/^rfonnrw Mercury. An opposition meeting was held on Monday, the 30th, at the Merchants- Hall, when ten resolutions were approved in favour of the Bills being passed for " a limited time ; " but no allusion was made to the war. 548 HENRY ERSKINE. body who are in town, the part you have taken on occasion of the bills now depending in Parliament for the prevention of such calamity is sufficiently known. Those who reside in the country will, it is hoped, take the trouble of informing themselves before they decide ; we leave it to them to recollect the truth, not from our report, but from their own inquiries, which we doubt not will do justice, both to us and you. " The other point to which we shall reply is a reflection on our own personal conduct in the management of this opposition to you. Before engaging in any general canvass of the members of the Faculty, either in or out of town, *we no doubt thought it proper to converse upon the subject with such of our brethren whose senti- ments and principles on political subjects we knew to coincide in general with our own, and to assure ourselves of their approbation of the measure which we had in view. And in this we cannot imagine that anything was done either improper in itself or un- worthy of our character as gentlemen, or of the cause in which we are engaged. Certainly it would have been equally arrogant and absurd for us to have obtruded such a proposal on the Faculty without previous trial of the disposition of those gentlemen with respect to it. But from the time when a general canvass was resolved on, we also saw the propriety of acquainting you with our purpose ; which resolution was accordingly executed by the letter which we had the honour of dispatching to you nearly twelve hours before a letter was delivered to any other gentleman at the Bar. " We have only to add that here the correspondence between us ends. We have fairly brought the matter before the Faculty, and it belongs to them, and not to us, to judge of what is necessary for the vindication of tlieir honour. We have no desire to publish a pleading, or manifesto, to the world on this subject. — We have the honour to be, respectfully, your very obedient most humble Servants," (Signed as before.) "Edinburgh, Wi December 1795. " To the Facility of Advocates. " Gentlemen, — I have received, and there has been j)rinted and circulated amongst you, another letter from the eight members of the Faculty, whose former letter, with my answer, are already before you. They have desired that the correspondence between us should end, and have effectually secured this wish by wi'iting to me in a tone and language to which my sense of what becomes me will not permit me to reply. It is to you, therefore, gentlemen, to your APrENDJX. 54V justice and liberality alone, tliat I shall now address myself, leaving it to you to judge of the propriety of the opposition, and of their right when addressing you^ to rest the safety of the Constitution and the existence of tlie State on the political views of the Admin- istration to which they are attached ; and not only to brand me with a design to overturn the laws, but to implicate in the charge the many distinguished characters, and indeed the great body of the nation, who have opposed the bills in question, as a dangerous and unnecessary innovation on the existing laws, and destructive of our estahlishcd Government and Constitution. "If, under this conviction, to have used my constitutional right to petition the Legislature : if to have joined in this measure with thousands of my countrymen, of every rank and description : if to have been unable to see, or yet to comprehend, the distinction attempted to be made between persons in my own situation, and what these gentlemen are pleased to term the ignorant and giddy multitude, as to the rights which the great charter of the British Constitution bestows on all ivithout distinction : if to have concurred with some of the most respectable of the petitioners here, in occa- sionally attending to see the signatures of the great mmibers who repaired to the place appointed for subscribing, fairly taken down : if, though w^ell entitled to have stated to all of them my opinion of those bills, I left them to learn it from the petitions themselves : if, anxious to avoid any agitation in their minds beyond what their own feeling of the object might occasion, I, towards the close of the subscription (the only time I ever addressed them), com- mended their quiet and orderly behaviour, exhorted them to per- severe in the same peaceable deportment, and thereby to give no person a pretence for throwing blame on the constitutional act they had then performed : — in short, if a conscientious feeling of what I conceive to be right — if a manly and independent declaration of my sentiments, without regard to personal considerations, shall meet with your disapprobation — and if an unabated regard for the interest and privileges of the Faculty, and a grateful sense of the honour you have for ten successive years conferred upon me, shall prove insufficient to preserve your esteem, I must submit to lose it ; but, I thank God, conscious of having done my duty, I shall preserve my own. I know I shall retain that of many worthy members of our body ; and I trust for the increased regard of the public to that candour, liberality, and generosity, that abhorrence of all persecution for opinions, wdiich are the noblest features of the British character ; and the certain destruction of which will, in my mind, be one of the dreadful consequences of the Bills I oppose. " I have the honour to be, with the utmost gratitude and respect. Gentlemen, your most obedient and faithful servant, " IIeNKY EutiKINE." 550 HENRY ER SEINE. " Tuesday, 12tli January, came on the election of the Dean of the Faculty of Advocates. The candidates were the Eight Hon. Robert Dundas of Arniston, His Majesty's Advocate for Scotland, and the Hon. Henry Erskine of Newhall, the former Dean ; when the Advocate was elected by a majority of 85, there having voted for his Lordship 123, for Mr Erskine 38."— See Caledonian Mercuru of Jan. 14, 1796, where also the names of those who voted on either side may be found. No. VI. (Page 363.) "The Virtuous Number of Thirty-eight." The following lines occur in a poem addressed, in 1814, to Mr Arch. Fletcher and his wife by Mr J. G. Lemaistre, author of Travels after the Peace of Amiens, who with his family came to reside in Edinburgh in 1813, and was introduced by Lord Erskine to his brothers and other friends. They contain a memory of the year 1796, and the most momentous event in Mr Erskine's life : — * ' The laA^yer, whose unspotted name Virtue exulting gives to fame ; The patriot, whom no threat could bend, Kg bribe seduce to leave hisfrioid {That friend, his country' s xnoudcst boast. By slaves assailed at Freedom's post) ." Six years after this took place that famous entertainment, the pub- lic dinner given in honour of the return of Lord Erskine to his native country, after an absence of fifty years. On this occasion, after honour had been done to the memory of Henry Erskine, the health was proposed of — " the remaining individuals of that virtuous number of thirty-eight, the small but manly band of true patriots within the bosom of the Faculty of Advocates who stood firm in the sup- port of the Honourable Henry Erskine, when he had opposed the unconstitutional and oppressive measures of the Minister of the day," likewise, they drank to — "a continued increase of Independ- ence of spirit and feeling of Patriotism in the Scottish Bar." The reply by Mr John M'Farlan, one of the thirty-eight, was to the effect that he did not see why any of them " deserved thanks for loving and honouring Henry Erskine: had all the powers of earth" — he said — " been set against them, they must have continued to hold him to be the pride and ornament of the Scots Bar." — Account of the Proceedings, pp. 25, 2G. APPENDIX. 551 At that same time Mrs Fletcher wrote to her daughter : " We have been greatly complimented and congratulated by our friends on your father's appearance at the meeting in honour of Lord Erskine's arrival in Edinburgh. Miles [her son] says that wlien his father appeared on the platform there were thunders of applaus(i, and his speech was much cheered, especially that part of it relating to his being one of the thirty -eight who had the honour of voting for the Honble. Henry Erskine when he was expelled from the Deanship of the Faculty of Advocates, because he presided at a public meeting held to petition against the continuation of the war." — Autohlography, p. 137. INDEX. Arerbrothock, Abbey of, (5. Adam, W., Lord Commissioner, 92, 168, 239, 251, 388, 412, 444, 457, 507-8, 511, 531-32. Right Hon. W. P., 168. Adamson, Mr, St Andrews, 454. Addington, Henry, Viscount Sidmouth, 247, 416-17, 531. Address to Old Maids, 420. Advocates' Close, 46, 50. Allan, David, artist, 316. Amanda, 123, 519. Amelia, H.R.H. Princess, 494. Ammondell, 38, 274, 321-22, 418-19, bl^ctscq., 529-30. Ancaster, Duke of, 319. Anderson, Dr Robert, 486, 491-92, 504. Annan, 459. Anstruther, 148-49, 153. Sir Robert, of Balcaskie, 264. " Antemanum" Club, 136. Anti(iuarics, Society of, 204 ct scq. "Anti-Reformers," 344. Archers, R,oyal Company of, 140. Ardkinglas, 399. Argyll, Duke of, 453, 531. Armadale, Lord, Sir W. Honcyman, 257, 290, 453. Armata, 406. Armstrong, Archie, 16. Arnot, Hugo, 2\0 ct scq. A.ssembly Close, Old, 114, 203. Aubigny, Lordship of, 5. Esme Stuart, 6th Lord of, 5. Auchterhouse, 39. Viscount, 538. Aufrere, Miss, 169. TjAgehot, Mr Walter, 46. Baillie, Miss Grace, 525-26. Baird, Lady, of Saughton, 40. Baker, Mrs, actress, 118. Balfour, Mr Commissary, 466-67. of Dunbog, 132. Balgownie, 40. Balmuto, Lord, 277. Balsac, Catherine de, Duchess of Len- ox, 7, 8, 10, 535-36. Marie de, 535. Baltimore, Lord, 54, 312. Bankton, 51. Bannatyne, Lord, 472. Barnard, Lady Anne, 140, ]\[r. King's Librarian, 484. Bath, 69. Bathgate ]\luir, 404. Beaconsfield, Lord, 402, 427. Bearford's Parks, 108, 279. Bedford, Duke of, 319. Georgiana, Duchess of, 409. "Beggar's Benison," 147 ct scq., 267. Bell, Prof. G. J., 465. Bell Rock Lighthouse, 455. Bell's Wynd, 111. Bellenden of Broughton, 22. Berridge, Rev. Mr, 90. Blair, Professor Hugh, 92. Rev. Robert, 40. Robert (Lord President), 161, 470-71. Bloomfield, Robert, 491. Bogoushevsky, Baron de, &Q. Boothby, Sir Brooke, 414. Boscawen, Mrs Anne, 454. Boswell, Sir Alexander, 116, 129. 554 INDEX. Boswell, James, 130, 161. Mrs, 130. Boyd, Rev. Zacliary, 278. Boyle, David, Lord Justice- Clerk, 470, 510, 544 ct scq. Braxfield, Lord, 290, 401, 429. Brewster, Sir David, 64, 485. Brigstocke, Anne, 537. Brodie, Deacon, 300-4 et scq., 309. Brougham, Lord, 190, 227, 269, 289, 427-28, 477. Browai, Rev. Mr, of Crailing, 364. • Charles, of Coalston, 397. Browne, Anne, 35. Dame Dorothea, 537. Sir Thomas, 35, 487, 537. Broxburn, 528. Bruce, Lady Charlotte, 372. Sir G. of Carnock, 23. Brunswick, H.R.H. Duchess of, 517. Buccleuch, Duke of, 531. Buchan, James, 6th Earl of, 14, 16 ct scq. William, 8th Earl of, 22, 34. David, 9th Earl of, 32, 34, 38, 40, 538. Henry David, 10th Earl of, 38, 46-7, 69-72, 75, 87 et scq, David Stewart Erskine, F.R.S., M.D., 11th Earl of, 41— birth, 48— at Uphall, 60 — serves with 32d Regiment, 83— Royal Society, 83— Spanish embassy, 86 — at Bath, 90 — Mr Adam, to Lord Buchan, 168 — Lady Anne Erskine, 176 — at Kirk- hill, 191— marriage, 192 — Scotch representative peers, 194— interview with Lord Selkirk, 195-99— Society of Antiquaries, 204 et scq — Horace Walpole, 207 — to Henry Erskine, 254 — Dryburgh Abbey, 268 — to King George IIL, 269— "Friends of the People," 341— to Aunt Betty, 388— Duchess of Gordon, 409, 413 — to Henry Erskine, 453 — sketch of, 477 et 5C(7.— Robert Burns, 483— alleged education of brothers, 486 — George Washington, 487 — Latin verses to, 488 — " Cevallos Article," 489— Scottish peers' elections, 489-91 —to George IIL, 493— to Princess Mary, 494— from Princess Mary, 495 — letters of Duke of Kent to Lord Buchan, 496-501— Yilna University, 502 ct scq. — correspondence, 504. Henry David, 12th Earl of, 95, 122, 134, 183, 189-90, 269, 274, 280, 319, 413-14, 418, 440, 458, 520-21, 526-28. Christian Stewart, Countess of, 14. Marie Douglas, Countess of, li ct scq. Frances Fairfax, Countess of, 34 et scq., 537. Agnes, Countess of, 41, 43, 48, 49c«5C(7., 67, 74, 85, 159, 346. Caroline, Countess of, 528. Elizabeth, Countess of, 280. Margaret, Countess of, 192, 269, 504. Mrs Hepburn, 287. Buchanan, Professor, 60. Burke, Edmund, 238, 340. Burns, Robert, 268, 279 ct scq., 283. 362, 483, 522. Burton, Dr John Hill, 65, 313, 316. Byron, Lord, 9, 425, 491. Commodore, 84. Caddel, Mr, of Cockenzie, 397. Calderwo'od of Polton, Mrs, 48, 51, 53 ct scq., 56. Callander, Mrs, of Craigforth, 291-92, 369, 376, 379, 391-92, 420. Colonel George, 392. John. temp. James VI., 392. Cambusnethan, 375-76, 386. Camden, 1st Earl, 197. Campbell, Lord Chancellor, 2, 50, 64, 67, 139, 161, 173, 179, 389, 403, 405, 408, 420, 424, 440, 465. Mrs, of Shawfield, 140. Sir Hay, Lord President, 73, 197, 242, 283, 304, 433, 470. Sir James, of Ardkinglas, 392. Sir James Livingstone, 393. John, of Southhall, 471 ct scq. Captain, 79th Regiment, 394. Admiral, 95. Lord Frederick, 531. Thomas, 501 c< scq. Can Grande della Scala, 535. INDEX. 555 Cardross, estate of, 48. Lordship of, 13, Henry, Ist Lord, 22. David, 2d Lord, 22, 190. Henry, 3d Lord, 23 ctseq. Katherine, Lady, 23, 25, 28, 33, 34. Carlisle, Earl of, 319. Carlyle, Dr, of Inveresk, 39, 139, 156-57, 313 ct seq. Thomas, 429. Cassillis, Earl of, 431, 434. ''Catch Club," 118. Cathcart, David, Lord Alloway, 405, 457, 510 ct seq. 1st Earl, 200. Ccvallos, Don Pedro, 489. Chambers, Robert, 101, 116, 130. Chalmers, Rev. Thomas, 454. Charles IL, 9, 254. Edward, Prince, 47, 187. Charlotte, Queen, 440. Charteris, Francis, Lord Elcho, 249, 253. Chatham, Lord, 85, 137. Chelmsford, Lord Chancellor, 128. Choiseul, Due de, 58. " Chro Callan Fencibles," 267. Clapperton Hall, 322. Cleghorn, Mr, 482. Clerihugh's Tavern, 150. Clerk of Eldin, John, 484. John, Lord Eldin, 363, 405, 469. Coates House, 293. Cochrane of Ochiltree, Sir John, 37. "Cock" Tavern, Temple Bar, 422 ct seq. Cockburn, Mrs Alison, 281. Francis, Lord, 96, 100, 102, 136, 203, 356-57, 369, 418, 426, 469, 471. Colebrooke, Sir George, 455. Colquhoun of Clathick, Arch., Lord Advocate, 464, 531. of Luss, Sir James, 103, 429. Coltness, 369, 377. Colville of Ochiltree, Lord, 196. Connell, Sir John, 433. Connolly, Matthew Foster, 152-53. Constable, Archibald, 433, 478, 527. Cornwallis, Lady, 410. Coutts, Thomas, 481, 491. Coventry, Dr, 454. Craigie, Robert, 544 c< seq. Crail, 131, 325. Cranstoun, Lord, 357. Creech, William, 281, 289, 307, 309. Cringlctie, Lord (sec Murray, Wolfe). Crosbie, Andrew, advocate, 138. Cullen, Lord, 360. Cumberland, Duchess of, 291. Cunningham, Margaret, Lady, 26-27. Cunningham, Hon. John (see Glen- cairn, Earl of). James (see Glencairn, Earl of). Lady Betty, 281. Sir Walter, of Carsehill, 293. Cunninghame, Alexander, 294. Cunynghame, Sir W., of Livingstone, 254, 458-59. Curran, Mr, 425. Oust, Lady Elizabeth, 7, 8, 10. Czartorysky, Prince, 502. Daer, Lord, 329. Dalrymple, Anne, 43. Lady Helen, 54, 287. Sir John, 260-61. Janet, "Bride of Lammermoor," 43, 74. Sir Hew, of North Berwick, 43, 74. of Fordell, Captain Hew, 54. Dalzell, Professor, 156, 207, 313 et seq. Darnley, Earl of, 9. Henry, Lord, 5. Dashkoff, Princess, 530. "Dannie Douglas's" Tavern, 267. Delia Scala, 42, 536. Denham, Lady Alicia Steuart, 369. Sir James Steuart, 52, 369, 377-79. Dennistoun, ^Ir James, 57. Derby, Earl of, 319. Deskfoord, Lord, 92. Devonshire, Duchess of, 278, 298. Dick, Sir Alexander, of Preston field, 59. Sir A., of Fountainhall, 397. Richard, G3. Dickson, Elizabeth, 34. Didier, Mr and JSIrs, 118. Dirom, General, 457. DisluDgton, Tom, 148, 151. 556 INDEX. Dispensary, Edinburgh, 270 ct scq. Doddridge, Dr, 39, 40. Don, Lady Henrietta, 293. Sandy, 148. Doria of Genoa, 42. Douglas, Duke of, 74, 75. ]\[arie (see Biichan, Countess of). Frances Catherine, 190. of Kelhead, Sir W., 190. of Pumpherston, 13. Dover, Lord, 525. Dreghorn, Lord (Maclaurin), 49. Drnmmond, Anne (see Mar, Countess of). Bishop Abernethy, 480. Harley, 419. Lord Maurice, 451. of Hawthornden, 480. Dryburgh Abbey, 268, 487. Drysdale, Rev. Dr, 314. " Duchess of Giens," 270. Duff of Muirtown, Hugh, 395. Dumfries, 224, 459. 5th Earl of, 200. Dunbar, 436-38. Dunbar of Baldoon, David, 43. Duncan, Dr Andrew, 63, 151, 270, 458. Dundas, Heniy (Lord Melville), 97, 206, 239, 240-41, 247, 314, 464, 470. Lord (see Sir Thomas). of Arniston, Robert, 304, 355, 362, 399, 458, 531. Sir Laurence, 243, 301. Sir Thomas, 239, 243, 248 ct scq., 259, 265, 320, 508, 530. Mr William, 445-46. Dundonald, Lord, 75. Dunkin, Sir William, 370-71. Dunlop, Provost, 386. Dunn, Peggie, 160, 391. Durham of Largo, Sir Alexander, 278. James, 372. Mrs, 53, 131, 266, 292-93. Rev. James, 278. Admiral Sir Philip, K.C.B., 371- Easdale, Lord (James Gi'aham), 104. Edinburgh University, 92-93, 309. Edmonstone of Duntreath, Mrs, 30, 36. Archibald, 30. Eglintoun, Susannah, Countess of, 113-14. Elcho, David, Lord, 51, 52. Eldon, Lord Chancellor, 464. Elliock, James Veitch, Lord, 252. Elliot of Minto, Sir Gilbert, 3d Baronet, 40, 64, 145. Sir Gilbert, 4th Baronet (Lord Minto), 92, 339, 341, 344, 481. Eljihinstone, 3d Lord, 12. 15th Lord, 121. Emigrant, The, 227, 230, 410, 420. "Endless Willie," 465. Erskines of old, 1-5. Erskine, Sir Alexander, of Cambo, 481. Honourable Andrew, 135, 285, Honourable Anne (see Edmon- stone, Mrs). Lady Anne Agnes, 41, 78, 173, 180 ct scq., 260, 292, 345-46, 370, 383-84, 541. Anne Mary, 189. John, 6th Lord (see Mar, Earl of). Cardinal, 205, 426, 481 ct scq. of Cardross, 29. Mrs, of Cardross, 90. of Carnock, Colonel John, 29, 48. Sir Charles, of Alva, 21. Sir David, Knight, 16, 48. Rev. Ebenezer, 13, 76. — Rev. Ralph, 13, 76, 378. Elizabeth (see Callander, Mrs). Colonel the Hon. Esme Stuart, 391, 528. Major George, 528, Henrietta (Harriet), Mrs Smith of Dunesk, 269, 391. the Honourable Henry, 41 — birth, 48 — at Uphall, 60 — St An- drews, 63 — matriculation, 64 — Glas- gow College, 71 — Edinburgh College, 92— English Church, 95, 186— first brief, 95 — MS. volume of poems, 95, 122, 143— style at the Bar, 99 ct scq. — marriage, 121 — on Catch Club, 119 — To Amanda, 123 — Halkerstone's Wynd, 1 28 — Potterrow, 130 — in INDEX. 557 Fife, 131— ill George Square, 133— Pat O'Connor, 133 — Fratjmunt of Sappho, 14-2— John Wrigl it, 162etscq. — Praj^er - book, 187 — Antiquaries, 204-209— Hugo Arnot, 211— Trans- lations, 216 et seq. — The Emigrant, 230 ct seq.—ljoxd Advocate, 238— India Bill, 243 et seq.—'^iv Thomas Dundas, 248 ct seq. — Prince of Wales' Advocate, 248, 320— Dean of Faculty, 263— "Law Song," 276— Burns, 2^Z-M— Metrical Miscellany, 297 ct seq. — trial of Brodie, 304 ct seq. — Clerkship of Assembly, 312-13— at Wentworth, 318 — in Fife, 321 — Ammondell, 321 - 22 — Burgh re- form, 323 ct seq. — to Mr Arch. Fletcher, 331— to Sir Gilbert Elliot, 341 et scg. — John O'Neil, 351 — affair of Deanship, 354 ct seq. — cor- respondence with Faculty, 544-50 — trial of Glengarry, 393 ct seq. — trial of Mv Fitzsimmons, 398 et seq. — Duchess of Gordon, 408 et seq. — pro- motion offered, 417-18 — second mar- riage, 420 — style and oratory, 420 et seq., 426 — Lord Advocate, 435 — in Parliament, 437 et seq., 440 et seq. — correspondence, 450 et seq. — Bell Rock Lighthouse, 455-56 — changes in Law Courts, 460 c^ seq. — Expedi- ency of reform in Court of Session, 461— President Blair, 471 — Rev. Donald M 'Arthur, 472 — Sapphics to, 488 — to David Cathcart, 510 et seq. — Prince Regent, 507 et seq. — Lord Jeflrey, 514— Lord Moira, 515-16— at Ammondell, 518 c^i^e^/.— epigrams, 524-25 — peerage offered, 531 — death, 532— lines on, 533-34. Honourable Mrs Henry (Christian Fullerton), 116, 121 ct seq., 123, 256, 302, 358, 418-19. ■ Honourable Mrs Hcniy (Erskine Munro) 420, 440, 533. the Honourable Thomas (Lord Erskine, K.T.)— birth, 41, 48— studies at Uphall, 60— not at High School, 62 — rhymes, 62 — school at St Andrews, 63 — matriculation at Cambridge, 64 — letter to Lord Cardross, 66 — mid- shipman's letters, 78 ct sr^. —joins army, 103— at Harrogate, 104— his I\IS. volume, 104— his sermons, 104 —at Berwick-on-Tweed, 104, 539— on "marriage," 125— his marriage, 126 — letters, 127 — on his law ancestors, 160— duel at Brighton, 168 et seq.— in Parliament, 247— visit to Paris, 337-38— letter to his brothers, 340— "Friends of the People," 341— Attorney-General and Chancellor to Prince of Wales, 345— trial of Paine, 345 et seq.— letter to Lord Buchan, 389— his children, 390— bequest to, 402 et seq. — volunteering, 406-8 — C. J. Fox, 416— style at Bar, 422 et seq. — affair at "the Cock" Temple Bar, 422— oratory, 427— "All the Talents," 434— Lord Chancellor, 434 — satires on, 467 — to the Earl of Buchan, 509 — lines to " poor Phoss," 529— to the Earl of Buchan, 530, 532— Prince Regent's "topaz," 531— tomb at Uphall, 532— sermon to soldiers, 539, Appendix — " Berwick beauties," 539, Appendix. Honourable Mrs Thomas, 104, 128. Lady Isabella (see Glencairn, Lady). James, Lord Grange, 77. Sir James St Clair, 2d Earl of Rosslyn, 131, 249, 414. John Francis (see ]\[ar, Earl of). Rev, Dr John, of Greyfriars, 29, 120, 156, 321. of Linlutlien, 29. Rev. Ralph, 13, 70-77, 378. of Venlaw, 29. Honourable Veronica, 29-31. Eskgrove, Lord (David Rao), 304, 395, 397, 401, 404. Ettrick Shepherd, 153. Ewing, Rev. Greville, 374. Expediency of reform in Court of Ses- sion, 461. Faiiifax of Emeley, Viscount, 35. of Hurst, Henry, 35. Frances (see Buchan, Countess of). Brian, Lord, of Cameron, 487. 558 INDEX. Farmer's Vision, 227. Farquharson of Haugliton, Mr, 411-12. Fenuell, Mr, actor, 272-73. Ferguson, Professor Adam, 92, 137. General Sir Adam, 135, 138-39. of Raith, Robert, 361. of Pitfour, 469. Fergiisson of Kilkerran, Sir Adam, 294. of Kilkerran, Sir James, 294. of Craigdarrocli, Alexander, 253, 257-58. Neil, advocate, 544 ct seq. Fitz-James, Duchess, 451. Fitzpatrick, Colonel, 251. Fitzsimmons, Rev. Mr, 398 ct seq. Fitz-William, Earl, 318. Fletcher of Saltoun, 31. Mr Archibald, 166, 330, 334, 501. Mrs Archibald, 420, 475, 502, 521, 533, 550. Mr Miles, 551. Rev. Mr, 90. Flockhart, " Luckie," 161. Forbes of Culloden, Miss, 393 et seq. Sir William, 266. Forty-second Highlanders, 393, 409. Fox, Charles James, 215, 237-38, 244, 255, 257, 298, 359, 416, 435, 474' 506. Fragment of Sa2ypho, 141. Franklin, Dr Benjamin, 487-88. Fraser of Fraserfield, 40. of BalgoAvnie, Lady Katherine, 37, 40-1. Friars' Carse, 253. " Friends of the People," 329, 332, 338 et seq., 349-50. Froude, Mr, 8-9. Fullerton of Craighall, 121. of Carstairs, 121. of Thryberg, 122. of Nevvhall, Christian (sec Ers- kine. Honourable Mrs Henry). of Broughton Hall, George, 121. William, 92. Gardiner, Lady Frances, 39, 51, 78. Colonel James, 39, 41. Richmond, 40. Professor Samuel Rawson, 18. Garrick, ]\Ir, 72. George IIL, 484, 493. George Square, 133-34. Gibbs, Sir Vicar}^, 402. Gibson-Craig, Mr James, 21. Gillies, Lord, 512. Gilraerton, 59, 349. Glasgow, burgh of, 324. College, 71. Glencairn, Alexander, 10th Earl of. 294. James, 14th Earl of, 280, 282-83, 290. John, 15th Earl of, 279, 290, 292-93. Isabella, Countess of, 41, 291 et seq., 451, 516-17. Nicholas, Countess of 23, 26, 294. Glendovachie, Lord, 538. Glenlee, Lord (James Miller), 302, 357, 472. Gloag, Mr J., 397. Goldilea, 295. Goldsmith, Oliver, 111. Golfers, Honourable Company of, 140. Goodtrees, or "Gutters," 58-59. Gordon, Sir Alexander, 463. Alexander, 4th Duke of, 286, 410, 412. Jane, Duchess of, 140, 278, 280 ct seq., 285 et seq., 408 et seq., 415, 440. Lord George, 175 et seq. Sir James, 41. Carolus a, 205. Fabianus a, 205. Rev. Dr J. F. S., 152-53. GoM-er, Earl, 252. Graham of Gartmore, 327, 330, 334. Grant of Laggan, Mrs, 420. Grant's Fencibles, 350-51. Gray, Sir James, 86. Gray's Close, 48, 128, 285, 408. Gregory, Professor, 64. Dr George, 501-2. Grenville, Lord, 410, 434, 457. 461, 463, 506. Grey, ]\Ir (Lord Howiek, 2d Earl Grey), 338, 341, 359, AQ7, 506. Grose, Francis, 151, 267. Gullane Links, 351 et seq. INDEX 559 Gunning Maria, Countess of Coventry, 54. Cutlirio, Mr II., 397. Haddington, 436-37-38. Hailes, Lord, 2, 304. Ilaliburton of IMerton, 268. of Newmains, 268. Halkcrstone's Wynd, 128, 212. Halket of Pitferran, Captain, 77. Hall, Miles Walker, 407. Hamilton, Duke of, 385. Lady Isabella (see Glencairn, Countess of). Mr W. Leslie, 279, 516. Mr Gilbert, of Glasgow, 367, 402. of Bargany, 265. of Bangour, James, 397. Mrs, 140. Gavin, 281. George, Secretary at War, 32. of Westport, W., 397. of Wisliaw, 301. Hampstead Heath, 289, 391. Handel, 117. Hardy, Thomas, 402-3. Harrogate, 104. Hastings, Marquis of (see Moira, Lord). Hatton, 419. " Hearty James," 15. Henderson of Fordel, Sir John, 248, 372. Hermand, Lord (George Fei'gusson), 136, 188, 190, 358, 468. Herries, Sir Robert, 253. Hesse, Prince of, 119. Hickes, Dr George, 29. Hill, Principal, 98, 315. Hog, Mrs, 383-84. Home, James W, S., 397. Rev. John (author of Douglas),^ 60, 138. Honeyman, Sir William (see Armadale, Lord). Lady, 290. Hope, the Honourable Alexander, 459. General, 458. Charles (Lord President), 365, 417-18, 470, 472, 510, 532, 5Uct srq. Sir Thomas (Lord Advocate), 21, 160, 449. Ilopetoun, Earl of, 4.09. Houghton, Lord, 246. Jlouschold Book, Lady Mar'.s, 19. Howick, Lord (see (Jrey, Earl). Hume, Lord, 482. of Polwarth, Sir Patrick, 32. David (historian), 60, 64, 138, 201-2. David, advocate, 359, 5^4 et scrj. Huntingdon, Selina, Countess of, 76, 89, 173, ]80, 260. Huntley, George, 1st ^larquis of, 10. Henrietta, Marchioness of, 10, 1',). Hyndford, Lord, 200. Hyndford's Close, 285, 408. Inciimaiiome, Priory of, 13. Inglis, William, 70, 437-38. Jackson, John, actor, 271 et scq. James v., 3, 148, 290. VI., 5, 10, 13, 392. "Jamie Wylie," 44. Jedburgh, 436-37-38. Jeffrey, Francis, Lord, 98, 100, 136, 143, 263, 335, 357, 428, 470, 47.% 614. " Jock o' the Sclates," 11. Johnson, Dr Samuel, 86, 114, 130. Johnston, Henry Erskine, 275. Johnstone of Straiton, James, 397. Kames, Lord (Henry Home), 229, 288-89. Kant, Mr, 403. Keates, Admiral, 517. Keith, Lord, 508. Kellie, Thomas, 1st Earl of, K.G., 4-5. Alexander. 5th Earl of, 146. Thomas, 6th Earl of, 112, 140 ct srq., 144-45. Archibald, 7th Earl of, 147. Thomas, 9th Earl of, 490. Kemble, Stephen, 274. Kennedy, Bishop, 308. Kennet, Lord (Robert Bruce), 252. Kent, H.R.H. the Duke of, 492-93, 495-501. H.R.H. the Duchess of, 500. Kenyon, Lord, 423. Kettle, :Mr, 295. 56o INDEX. Kihviiiuing Lodge, 282. King, Rev. John, 24, 29. Mrs, 36. Kingliorn, Earl of, 17. Elizabeth, Lady, 17. Kingussie, 409. Kinnaird, 7tli Lord, 196. Kinnoul, 9tli Earl of, 200. Kinpunt, 321. Kirkcudbright, 459. Kirknewton, 321. "Lady Buchan's Cave," 68. Laing, Mr David, 95, 143, 478, 485, 504. Laing, Gilbert, 457. "Laird of Cool," 380. Lambton, M.P., Mr, 329. Lanier, General, 32. Lapslie, Rev. James, 451. Lauder, 436-38. Lauderdale, 8th Earl of, 200, 358, 434-35, 489-90. Laurie, Sir Robert, 253. Lawson. Rev. James, 157 d scq. Lee, Principal, 139. Jack, 424. Lcgacij Book, 383. Leith, pier of, 212-13. Lemaistre, Mr J. G., 550. Lenox, 1st Duke of (see Stuart, Esme). 2d Duke of (see Stuart, Ludovic). Catherine, Duchess of (see Bal- sac, de). Lenox and Richmond, 4th Duke, 23. Letter to Mr Perceval, 516. Leven and Melville, 7th Earl of, 453. Leyden, John, 409, 414. Lindores, Lord, 196. Lindsay, Sir J., 170. Listonf ]\Ir Robert, 207. Littelton, :Mrs, 38, 537-38. Liverpool, Lord, 531. Livingstone, Lord, 12. Lochmaben, 459. Locker, Mr Frederick, 94, 146. Lockhart of Kirkton, 29. John Gibson, 165, 191, 314, 478 503. Lorn, Black Knight of, 14. Lothian, 5th Marquis of, 196, 377. Lothian Hut, 190. Loudon, Flora, Countess of, 432, 510. Love Elegies, 123. Lover^s Message, A, li5 etseq. Lunardi, Signor, 266 et seq. Macaulay, Lord, 44, 368. Macdonald, Sir Alexander (Lord l^Iac- donald), 63, 86. General, 63. Macdonald of Glengarry, 393 c^ seq. Macdonald, Flora, 393. Ranald, 393. Major, loth Regiment, 394. Coll, 395-96. Mackay, General, 32, 33. Mackintosh, Sir James, 367. Macknight, Rev. Samuel, 92. Maclaurin, Professor Colin, 49. Macleod, General, 361. Lieut. Norman, 42d Regiment, 393 c^ scq. Macmahon, Colonel, 490, 531. Macnaughton, John, of Anstruther, 148. Macrae, Governor, 280. Mahon, Lord, 197. Maidment, Mr James, 33, 143. Maitland, Honourable Major, 329. Malet de Graville, Louis, 535. Mansfield, 1st Earl of, 249, 256, 448. of Midmar, James, 355, 547. Mar, Regent, 4. Annabella, Countess of, 4. John Erskine, 7th Earl of, K.G., id scq., 10, 19. Anne Drummond, Countess of, 10, 11, 14. ■ Marie Stuart, Countess of, 15, 16, 19. Charles Erskine, 10th Earl of, 27. John Francis Erskine, 13th Eaid of, 451, 453. Marat, Jean Paul, 93. I\Iarch, Robert, Earl of, 6. ]\Iarischal, Earl, 52. Marjoribanks of Marjoribanks, 397, 404, 458. Mary, H.R.H. the Princess, 494-95. Maxwell of Cool, 381 d scq. of Pollock, Sir John, 375. INDEX. sf> Maxwell of Monrcith, Lady, 286. May 11 a rd, Viscount, 414. l\I'Artliur, Rev. Donald, 471 d scq. M'Dowall of Garthland, 502. MTarlan, ]\[r Jolin, 550. M'Minn, of Dumfries, Henry, 214. Meadowbank, Lord (Allan Maconocliie), 286, 365, 472, 521, 532, 544 ct seq. IMelfort, Drummond de, 451. Ducliesse de, 451. Melville, 1st Viscount (see Dundas, Henry). Milbank, Mrs Frederick, 294. Mint, the, 34. Minto, Anna Maria, Countess of, 521. Emma, Countess of, 339. Mitclielson, Samuel, 118. Moira, Lord (Marquis of Hastings), 432-33, 450, 490, 506-9, 514-16. Monboddo, Lord (Jamos Burnet), 207, 281. Moncreiff, Rev. Sir Harry, 319, 364, 433. James, Lord, 136, 364, 433. Rev. Sir Henry, 364. James, 1st Baron, 364. Monipenny of Pitmilly, 150, 267. Montagu, Mrs Elizabeth, 204. IMontague, Lady Mary Wortley, 52, 56, 75, 527. Lady Jane, 414. Monteith of Carstairs, 122. Moor, Professor, 71. Moore, Frances (see Erskine, Hon, Mrs Thomas). Thomas, 224. Moredun (see Goodtrecs). Moreton, Professor, 64. Morrison of Dairy, Sir James, 23. Morton, 17th Earl of, 196. IMount Edgecumbe, Lord, 54. Muir of Pluntershill, Thomas, 361. Munro, Erskine (see Erskine, Honour- able Mrs Honry). Margaret, 418. Sir Thomas, 419. Mure of Caldwell, Ikron, 83, 87, 127, 200. — Mrs, 104, 128, 200-2,317,347. Miss, 46, 124. Murrav, Lord, 143. Murray, Mr Alexander, 433. of Broughton, 258. James Wolfe (Lord Cringlotic). 51, 304. of Cringletie, Mrs, 51, 287, 293. Miss Nicky, 111. Musical Instruments, TJic, 144. Muso-Manik Society, 152. Mutrie's Hill, 107, 212. Naphtcdi, 44. Napier of liallikinrain, Mrs Dunmore, 235, 420. Mr Mark, 44. Narrative of Four Conferences, 383. Nasmyth, Mr, artist, 520. Nelson, Admiral Lord, 517. Newhall, Fife, 122, 131. Newton, Lord (Charles Hay), 471-72, 304. Nicolay, Baron, 502. Nimmo, Lady Jean, 78. Ninety-second Regiment, 409. Norfolk, Duke of, 475. Nor' Loch, 107. North, Lord, 238, 244, 257. North Berwick, 326, 436 et seq. Observations on British Army, 406. O'Bryen, Mr, 169 et seq. Ogilvie, Rev. Mr, 380-81. "Old Q." (see Queensberry, Duke of). O'Neil, John, 351. Ormond, Duke of, 52. Ossington, Viscountess, 261. Ossory, Lady, 207. OswaM, James, advocate, 544 et seq. Paine, Thomas, 235, 345 et seq. Palmerston, Lord, 190, 298. Pattison, John, advocate, 167. Payne, Jack, 413. Perceval, Mr Spencer, 516-17. Perth, burgh of, 325. Petty, Henry (Lord Lan.sdownc), 190. Phillips, Am])roi^e, 141-44. Pitt, Lady Hester, 201. William, Lord Chatham, 83-86. Mr, 197, 238, 244-45, 247, 250, 252, 256, 344, 402, 411-12, 431-32. Pokor Club, 1^5 et seq. X ;62 INDEX. Polkemmet, Lord ("William Baillie), 404-5, 459-60. Portland, K.G., William, 3d Duke of, 238, 254, 259-61, 321. 5tli Duke of, 262. John, 6th Duke of, 160. Potter, Sir John, 304. Potterrow, 130. Prestonfield, 59. Pringle, John, advocate, 544 et scq. Proven, Barony of, 324. Pumpherston, 13, 322. QuEEXSBERRY, Duke of, 319. Ramsay, Allan, 60. Dean, 290. Ranelagh, 54. Ravelrig, Lord (5th Earl of Lauder- dale)^ 26, 27. Rawdon, Lord (see Moira, Lord), Reid, Major, 407. Reynolds, Sir Joshua, 82. Richardson, Mr John, 143. Riddell of Glenriddell, 253. Mrs Walter, 295 et scq., 350-51. Ml John, 59. PdRe Brigade, 392. Riz, David, 82, 485. Robertson, Lord (William Robertson), 155, 432, 472. Rockingham, Marquis of, 237. Roger of Aberdeen, ]\Ir, 187. Rohan, de, 8. Guillaume de, 535. Rosebery, 3d Earl of, 244, 490. Ross, Sir Charles, 458. Rosslyn, 2d Earl of, 131, 249, 414. Rothes, John, 5th Earl of, 17. Rothesay, Duke of (Prince of Wales), 320, 491. Rouet, of Bel Retiro, Mr, 87. Royal Scots, 1st Regiment, 103-4, 125, 497. " Royal George," 372. Russell, Earl, 238, 345. Sanquhar, 459. St Albau's Club, 254. St Andrews, 60 et xrq,^ 67. St Cecilia Society, 116-17. Sta Maria Antica, Verona, 536. Saltoun, William Eraser, 11th Lord 193. Lady, 193. Sandford, Bishop, 189-90. Mrs, 190. Sandilands of Couston, Mr, 397. Scaligeri (see della Scala). Scots Greys, 41. Scott of Ancrum, Sir Patrick, 268. of Harden, 189. Mr Walter, 134. Sir Walter, 134-35, 153, 409, 464, 478-79, 503. "Select Club," 135, 139. Selkirk, 4th Earl of, 196, 457. Senac de Meilhan, M., 335. Seton, Sir Alexander, 458. Seventy-ninth Highlanders, 394, Shairp of Houstoun, Thomas, 397. Sharp, Archbishop, 193. ^ Sir William, 27. Sharpe, Charles Kirkpatrick, Mr, 13, 21, 37, 140, 144-45, 274, 285, 299, 479, 526. Shelburne, Lord, 237-38. Sheridan, Richard Brinsley, 247, 260, 298, 329, 335. Shields, Mr Alexander, 378. Shipley, General Sir Charles, 280. Elizabeth (see Buchan, Countess of). Siddons, Mrs, 272 et seq. Sidmouth, Viscount (see Addington). Simpson, Rev. Dr, 532. Sinclair, Sir John, 228, 502-3. Singer, Rev. Archibald, 447. Skene, Dr William, 192. Skinner, Bishop, 187. Smellie, Mr W., 205. Smith, Professor Adam, 71, Smith of Dunesk, Mrs (see Erskine, Henrietta). Smyth of ]\Iethven, 63. Somers, Rev. Dr, 322. Somerville, James, 11th Earl of, 11 et seq., 59. Spatields Chapel, 174, 183. Spencer, Earl, K.G., 435, 463. Stadtholder, The, 319. Stafford, Ladv, 410. INDEX. 563 Stair, Eleanor Countess of, 74-75. James, 1st Viscount, 43, 74. John, 1st Earl of, 74, 160. Stanley, Dean, 528. Steuart of Coltness, Sir James, Provost, 58, 59. of Goodtrees, Sir James (Lord Advocate), 32, 44 ci scq., 50, 160. of Coltness, Sir James (Solicitor- General), 43. of Coltness, Sir James (political economist), 51-52, 83-84, 386. of Goodtrees, Agnes (see Buclian, Countess of). of Coltness, Mrs Elizabeth, 51, 57-58, 128, 183, 291, 347, 369 et seq., 541. Lady Frances, 51, 58, 369, 379, 387. Steuarts of Allanton, 59. Stevenson, Robert, 455-56, 530. Stewart, Lady Jane, 73. of Rosyth, 23, 59. of Kirkhill, Sir Lewis, 23-25. Sir James, 23, 27, 34. Nicholas (see Glencairn, Countess of). Matthew, 12th Earl of Lenox, 5. Christian (see Buchan^ Countess of). Stirling of Keir, 90. Stonefield, Lord (John Campbell), 304. Stormont, 7th Viscount, 249, 253, 256. Strathbrock-Oliphant, 24. and Kirkhill, 322. Stuart, Esme, 1st Duke of Lenox, 9. Ludovic, 2d Duke of Lenox, 9. Lady Henrietta (see Huntley, IMarchioness of). Lady Marie (see ]\lar, Countess of). Lady Gabrielle, 10. of Ijinnj', 37. of Castlemilk, Andrew, 482. Sutherland, Countess of, 278. Swedenborg, Emanuel, 383. Swinton, Lord, 163, 304. Sydsertf of Ruchlaw, ]\Ir, 397. Tait, Crawfuud, 454. William, advocate, 304. Temple, Lord, 250-51, 410. Tenducci, Signor, 122. Tenison, Archbishop, 537. Tennyson, Mr, 246. Thackeray, Mr, 237, 527. Thciner, Father Augustinus, 481. " Theophrastus " (William Creech), 110-11, 120, 204. Thomson, Rev. J., of Duddingstoii, 353. Thomas, advocate, 357. Threii)land, Sir Patrick Murray, 452. Thurlow, Lord Chancellor, 197, 407. Thurot, Captain, 137. Torphichen, James, Lord, 12-13. Trail, Agnes, 44-45. Trail, Rev. Robert, 44. Traquair, Lord, 249, 451. Trotter, ]\lr Alexander, 387. Turnbull, ]\lr James, advocate, 419. Turner, Mr Dawson, 173, 488, 504. Tytler, Alexander Eraser (Lord Woud- houselee), 288, 470. Upcott, ]\lr "William, 504, Uphall, 40, 50, 60, 191, 532. Vauxhall, 54. Venn, Rev. Henry, 90. Vilna University, 502. Viscontis, Lords of ^Nlilan, 7, 42. Bona, 535. Otto, 536. Voltaire, 405. Walcot, I^,ath, 69, 70. Wales, Prince of, 248, 257, 260, 318, 413, 490-91, 506, 508, 512. Walker, of ^lonymusk. Rev. ^Ir. 522 Wallace, Lady, 286. Professor, 92. Walpole, Horace, 84, 207-9. Wardlaw, Rev. James, 77. Warrender, Miss Jean, 383. Washington, General, 487. Watson, R.S.A., George, 504, 526. of Woodbank, James, 397. Watts, Dr, 40. Weir, Walter, limner, 271. Wemyss, Lady Frances (see Steuart, Lady Frances). Went worth, 318. 564 INDEX. Wesley, John, 90. West Barns, 351. "Whig Club," 416, 475. "Whistle Binkie," 61. Whitefield, George, 40, 76-77, 87-90. Whitefoord, Sir John, 138, 281. Whitshed, Ladj^ 160. Wight, Alexander, advocate, 252, 304, 320. Wilberforce, Mr, 516. Wilkie, Professor, 64 et scq. of Gilkerston, AV., 397. Wilson, Professor Daniel, 144, 153. Wodrow, Robert, 38, 44, 185. Woodley, William, 295. AVoods, Mr, actor, 272. WoronzoAv, Prince, 502-3. Wraxall, Sir Nathaniel, 226. Wright, John, advocate, 162 et seq. Wrigley, Miss Fanny, 94. York, Cardinal, 483. H.R.H. Duke of, 319, 512. Young (Scots College, Douay), James, 205. Zamotska, Princess, 502. Zetland, Earl of, 262. THE END. I'RINTI'n nV WILLIAM ULACKWOOD ANX) SOWS. ..'*' p'V" '*.» V>"1t!r/ ^42»^ D 14187 C '^> € 406038 UNIVERSITY OF CALIFORNIA LIBRARY *---«^V ^^-.^ s^^ t'^ a« :Mm