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of two pages,
o the establishment held a public ofice, standing up, pleaded that silence might and ought to take the test. The paper as wel be interpreted assent, as refusal, being presented to the mastiff, he refused and therupon insisted that it might be to swallow the same unless it was rubbed tendered to him in a way maist plausible, over with butter. Being a second time and in a poustar maist agreeable to his tendered, buttered as above mentioned, stomack." the dog swallowed it, and was next ac The debate lasted till all agreed " that cused and condemned, for having taken ane printed copy should be thrumbled, of the test with a qualification, as in the case as little boulke as it could, and therafter of Argyle!"
smured over with tallow, butter, or what
else might make maist tempting to his The Dog of Heriot's HOSPITAL.
appetit: this done he readily took it,
and after he had made a shift, by rowing There is “An Account of the Ar- it up and down his mouth, to separat raignment, Tryal, Escape, and Con- what was pleasant to his pallat, and when demination of the DOG of Heriot's all seemed to be over, on a sudden they Hospital in Scotland, that was supposed observed somehat (ilke piece after another) to have been hang'd, but did at last slip droped out of his mouth, qwhilk the adrothe halter.”
cats on the other side said was the test, From this exceedingly rare folio paper and that all his irksome champing and
“ Printed for the author, chowing of it, was only, if possible, to seM. D. 1682,” now before the editor of perat the concomitant nutriment, and that the Every-Day Book, he proceeds to ex- this was mikel worse then an flat refusal, tract some exponences in the case of “the and gif it were rightly examined, would, dog of Heriot's hospital,” by which“the upon Tryal, be found no less then Leireasoning of the crown lawyers,” in the sing-making." case of the duke of Argyle, was success The tyke's advocate, “opponed, that fully ridiculed.
his enemies having the rowing of it up, Its waggish author writes in the man- might perhaps (through deadly spite) have ner of a letter, " to show you that the act, put some crooked prin intil it; and that whereby all publick officers are obleadged all the fumbling and rowing of it up and to take the Test is rigorously put in exe- down his mouth, might be by reason of cution; and therby many persons, baith in the prin, and not through any scunnering Kirk and State, throughout the haill at the test itself; and that there was Kingdome;" by reasone they are not free nought in the hail matter, that looked to take the said Test, are incontinently like Leising-making, except by interpreturned out of their places."
tation, and his adversaries allowed to be He then relates that this severity occa- the only interpreters.” Finally, be resioned “ the loune ladds belonging to the quired that his client should have a fair hospittal of Hariot's Buildings in Eden- trial before competent judges, “qwhilk brough, to divert themselves with some was unanimously granted;" and on the what like the following tragi-commedy" trial “ther fell out warm pleading."
He proceeds to state, that hey The advocates against the tyke set “fell intil a debate amongist themselves, forth, “that he was ou’r malapert, to take whither or no, ane mastiffe Tyke, who so mikel upon him; and that the chamkeept the outmost gate, might not, by ing and cherking of the lest belonged reasone of his office of trust, come within nought to him, nor to none like him, who the compass of the act, and swa, be ob- served only in inferior offices; that his leadged to take the Test, or be turned out trust and power reached nought so far, of his place.”
and by what he had done, he had made In conclusion, “the tyke thereupon himself guilty of mair nor a base refusal as was called, and interrogat, whither he was libelled." wold take the test, or run the hazard of Those who defended the tyke, pleaded forfaulting his office.”
" that he could be guilty of nather, since Though propounded agair and again, he had freely taken it in his mouth, will" the silly curr, boding no ill, answered ing to have swallowed it down; and that all their queries with silence, whilk had ther was no fault in him, but in its self, been registrat as a flat refusal, had not on that :: passed not; since it fell a sqwabeof the lounes, mair bald then the rest, ling, one part of it hindering ar.other; taken upon him to be his advocat, whó that if it would “have agreed in its self,
to have gone down all one way, he wold the test secundum quid, though not simpliblaithly swallowed it, as he had done citer ;" many untouthsome morsel before, as was Another, that he might take it “ in well known to all the court."
sensu diviso, though not in sensu comTo this was answered, that “all his posito ;" former good service could not excuse his A third, that“ though it was deadly to present guilt.”
take it with verbal interpretatione, yet it “Guilt!" quoth another, “if that be might be taken safe enough with mental guilt he hath many marrows, and why reservatione ;" should he be worse handled than all the A fourth thought, that “ though his rest?”
stomach did stand at it, in sensu univoco, Notwithstanding what was urged in yet it might easily digest it in sensu et the tyke's behalf, the jury found he had so æquivoco ;" mangled the test, and abused it, that it was In this manner suppositions multiplied, "interpretative treason,” and found him and to one who proposed a “ jesuitical" "guilty of Leising-making :” wherefore distinction, it was answered, that “the he was ordered to close prison till he tyke would neither sup kail with the should be again called forth and receive div’l
, nor the pope, and therefore needed sentence “to be hanged like a dog." not his long spoon; well, said ane other,
While he was removing from the court, this is mair nor needs, since we are all there chanced“ a curate” to be present, sure that the tyke could not have kept his and ask, “what was the matter, what ailed office so long, but he most needs have them at the dog ?” whereto one answered, swallowed many a buttered bur before “that he, being in publick trust, was this time, and it was but gaping a little required to take the test, and had both re- wider and the hazard was over.” fused it and abused it, whereupon he was “ Nay," quoth his neighbour, “ the to be hanged;" whereat the curate, storm- hazard was greater than ye imagine, for ing, said, “ They deserved all to be hang- the test, as it was rowed up,
many ed for such presumptuous mockery;" but plyes and implications in it, one contrary the boys, laughing aloud, cried with one to another; and swa the tyke might been consent, that “he, and his brethren, de querkened ere it had been all over, ilk served better to be hanged than any of ply, as it were, rancountering another, them, or the tyke eather, since they had wresling and fighting." swallowed that which the tyke refused." Then it was proposed, as the tyke had
The verdict created no small dissen- actually swallowed the better part, if not sion; “ some suspected deadly fewd in the whole test, that though he had the chanselor of the jury, alleadging that brought it up again, yet it were better to ane enemy was not fit to be a judg; this try if he would swallow it again; “ but was answered, that he was of more noble this project was universally rejected, extract then to stain his honor with so baith by ihe maist charitable, as bootless, base an act, and that his own reputation and by the mair severe, or too great a wold make him favored ; another object- favor.' ed that a tyke's refusing so good a test, As regarded the condemned tyke, might be ill example to creatures of better “matters being thus precipitat, and all reason; to this a pakie loun answered, hopes of reprieve uncertain, a wylie loun that it could not be good, since Lyon advised him to lay by the sheep's (which Rampant, King of Tykes, nor none of his had done him so little good) and put on royal kin, wokd not so much as lay ther the fox's skin;" wherefore, like a sensible lips, to it far less to swallow it, and there- dog, “hiding his own tail between his fore
legs, and gripir.g another's train, he Here the speaker was interrupted “by passed through all the gates undiscovered one that was a principal limmer among and swa was missing : them (a contradiction reconciler) who would needs help him with a logical dis
*Thus he was forc'd when right did fail, tinction, wherby he, like an Aberdeen's
To give them the flap with a fox's tail." man, might cant and recant again.”
What became of him was unknown, There were other conjectures,“ requiring and “the news of the tyke's escape being the judgment of the learn’d to determine blazed abroad, the court assembleth to which has been maist suitable :" e. g. consult what was then anent to be
One fancied, that “the tyke might take done.”
By one it was said that “the affronting
A Remark. escape, and other misdemeaners of that tyke were so great, that the highest
A great deal of the ingenious arg severity was too little ;"
ment in this extremely scarce witticism Another said, “sine he is gone, let
was probably adduced by the “Heriot him go, what have we more to do, but boys," when they indulged in the practical put another in his place;"
humour of administering the test to the
office bearer.” InA third said, “his presumptuous and hospital dog as an treasonable carriage, would be of ill ex. dependent of its ability, and because the ample to others, unless due punishment editor of these sheets does not remember followed thereupon;"
to have met with it in any collection of A fourth said, “had he not been con
papers on public affairs, he has rather fident of his own innocency he wold largely extracted from it, hoping that, as it never hare byden a tryal, and since he is thus recorded, it will not be altogether met with such a surprising verdict, what misplaced. Of course, every reader may could he do less than flee for his life? not view it in that light; but there are wold not the best in the court, if he had
some who know, that such materials freheen in his circumstances done the like?" quently assist the historian to the proof A fifth said, “if he had been con
of questionable facts, and that they are demned, and hanged in time, he had not often a clue to very interesting displayed us this prank, but seeing we have coveries : by such readers, apology will missed himself, let us seaze well on what not be required for the production. he hath left behind him."
Then further debate ensued, and, thereupon, the conclusion; which was It has been said of George Heriot, that ordered to be published as follows : “his vanity exceeded his charity."* But
an assertion justly urged respecting many Proclamation.
founders who sought posthumous notoTHEREAS ane cutt lugged, broun- riety by sordid disregard to the welfare
ish coloured Mastiff" Tyke, cailed of surviving relatives, cannot be applied Watch, short leged, and of low
to George Heriot. It was not until he stature; who being in Ofice of had bestowed ample largesses on his kinsPublic Trust, wes required to take folk, that he munificently endowed his the Test, and when it was lawfully native town with a provision for rearing tendered to him, he so abused it, and the children of its citizens. To stay the mangled it ; whereupon he, after duc fame
of the deed, was not in the power of Tryal for his presumption, was con
the hand that bestowed the gift; and vict of Treason, and sincesyn haih when the magistrates of Edinburgh broken Prison, whereupon the Court honour Heriot's memory, they incite adjudges him, To be hanged like a
others to emulate his virtue. Their preDog, whenever he shall be appre
decessors received his donation with a hended ; and in the mean time de spirit and views correspondent to those clares his Office, his hail Estat heir.. of the donor: as faithful stewards they atable and moveable, and all causual husbanded his money, and laid it out to ties belonging to him, to be echeated so great advantage, that when the hospital and forfaulted, and ordeans the was completed, though the building alone colectors of the Court to uplift his cost more than the amount of Heriot's Rents and Causualties, and to be bequest, the fund had accumulated to countable to the Court, both for dili- defray the charges, and leave a considergence and intermission, and also disable surplus for the maintenance of the charges all persons to reset or harb- inmates; with a prospect, which time has or the Fugitive Trator, and like realized, of further increase from the ways, gives assurance to all persons, increasing value of the land they purwho shall either apprehend him, or
chased and annexed to the foundation as give true information of him, swa
its property for ever. It did not escape the. that thereupon he bees apprehended, penetration of Heriot’s mind, and, in the person swa doing, shall have 5001. for his pains. Given at our
a communication descriptive of Edin. Court, &c."
ugh, in the Gent. Mag. for 1745, p. 680.
Each o the Reis remarka a disent in 7) in the din exactly dated with
un the busine
din risk, and the the craion in the inactice of climbing y de carvings. TL press to a fearful
pred and alarmed te de south
THE EVERY-DAY BOOK.-JUNE 5.
764 A Remark. eal of the ingenious argu. extremely scarce witticet,
adduced by the “Heriot's they indulged in the practical ministering the tesi to tbę
office bearer." lo f its ability, and because the se sheets does not remember with it in any collection of public affairs, he has rather cted from it, hoping that, as it ded, it will not be altogether
Of course, every reader may in that light; but there are now, that such materials freat the historian to the proof ble facts, and that they are e to very interesting dis
such readers, apology will red for the production
fact, he must naturally have taken into Inscriptions of various benefactions are
Dr. John Gilchrist,
several Years Professor of
College of Fort William, Bengal, management of the inmates on his pro
presented 1001. sterling jected establishment. He had the wisdom
to this Hospital, to distrust the quality of his judgment on
as a small testimony matters wherein his observation and
of Gratitude for knowledge were necessarily limited, and
his Education in so committed the drawing up of the statutes
valuable a Seminary. to his friend Dr. Balcanquel. There is no evidence to what extent the founder himself had any share in these rules for There are several engravings of his effectuating his intentions ; but when the portrait. One of them by J. Moffat, age wherein they were compiled is re- Edinburgh, engraved in 1820, after a pica garded, it will scarcely be alleged that ture by Scougal, in the council-room of he could have elected from his friends, a the edifice, is inscribed “GEORGE HERIOT, better executor of the best of his good Jeweller to King James VI., who, besides wishes.
founding and endowing his stately hos-
The striking magnificence of Heriot's
CHRONOLOGY. seems to require some check, on account of its risk, and the injury it must neces On the fifth of June, 1826, Carl sarily occasion in the course of time, have Maria Von Weber, the eminent musical a practice of climbing this front by grasp- composer, died in London, of a long ing the carvings. The insecurity of this standing pulmonary affection, increased progress to a fearful eminence, has sur- probably by the untowardness of our prised and alarmed many a spectator climate. He gave a concert ten days * frae the south."
before, wherein he composed an air,
money, and laid it out to ge, that when the hospital though the building alone
the amount of Heriot's nd had accumulated to ces, and leave a consider
the maintenance of the prospect, which time has rther increase from the
of the land they pure exed to the foundation as -ver. It did not escape the Heriot's mind, and, in
• Gentleman's Magazine.
* Gentleman's Magazine,
cation descriptive of EdinMag. för 1745, p. 680.
ard accompanied Miss Stephens on the revolution of habits extending from the pianoforte, to the following
walkers on the earth to the inhabitants of
" the waters which are under the earth."
How little do men dream, when they
are advocating the cause of any class of
people, in what manner those very peo From Chindara's warbling fount I come, Call’d by that moonlight garland's spell ;
ple shall repay their services. Poor Izaak From Chindara's fount, my fairy home,
Walton ! He cried up anglers as the very Where in music, morn and night, I dwell.
perfection of human nature. They were Where lutes in the air are heard about,
the most meek, loving, and patient of And voices are singing the whole day long,
God's creatures. They were too much And every sigh the heart breathes out imbued with nature's tranquillizing spirit Is turn'd, as it leaves the lips, to song! to be ambitious; too excellent christians Hither I come
to be jealous; and all this, good, simpleFrom my fairy home,
hearted fellow as he was, because he was And if there's a magic in Music's train, such a man himself. I have naturally I swear by the breath
great faith in the influence of nature, and, Of that moonlight wreath,
therefore, though I never could resist a Thy lover shall sigh at thy feet again.
smile at Izaak's zealous eulogies on the For mine is the lay that lightly floats,
calling all times, people, and And mine are the murmuring, dying notes, places, to do honour to it; pressing kings, That fall as soft as snow on the sea,
prophets, apostles, and even Jesus Christ And melt in the heart as instantly!
himself, into the ranks of his admired an-
rior natures of his piscatorial protegées ;
in short, that they were such men as him
In one of my summer rambles through
the peak of Derbyshire I entered DoveThy lover shall sigh at thy feet again.
dale. It was in June, and on one of the
most delightful evenings of that delightful These words seem to have been kin- month. There had been rain in the day, dred to Von Weber's feelings. His last and the calm splendour of the declining opera was
“Oberon :" its performance at sun fell upon a scene not more fantastiCovent - garden derives increased in- cally sublime in its features, than it was terest from his premature decease. Mr. beautiful in its freshness. The air was Planché adapted it for our stage, and deliciously cool, balmy, and saturated published it as represented and superin. with the odour of flowers. The deep tended by its illustrious composer. There grass in the bottom of the valley was are two genuine editions of this drama, heavy with its luxuriance. The shrubs one in octavo, at the usual price, and the waved and sparkled, with their myriad other in a pocket size, at a shilling, with drops, upon lofty crags and stern precian excellent portrait of Von Weber. pices; and the Dove, that most beautiful
of swift and translucent streams, went
sounding on its way with a voice of NATURALISTS' CALENDAR.
gladness in full accordance with every Mean Temperature ...57 72. thing around it. I have seen it many
times, and the finest scenes, often seen,
are apt to lose some of their effect, —-yet
I never felt more completely the whole
fascination of the place. It put me, as
such things are apt to do, into a ruminat
ing and poetical mood, ,-a humour to soThe Every-Day Book has presented a liloquize and admire, and to see things hore striking view of the changes of man- perhaps a little more fancifully than an ners and customs than any book which etymologist, or a mathematician might. has gone before it ; yet even the editor It was exactly when that species of himself, I think, never dreamed of this ephemera, the drake - fly, the glory of