3.-Answer.

Then who would now go study law, municipal or civil,
To snuff-shops let the Corpus go, and Erskine to the devil;
No proposition is so plain that Crosbie won't dispute it,
His arguments I so disdain, 'tis lost time to refute it.

The Judge examining a Witness.

Come up to the table, and look in my face,
Remember you are upon oath, Sir;

If you alter one iota, time, person, or place,
I'll whip and imprison you both, Sir.

Chorus by the whole Court.-Tall de rall, &c.

4.- The Pannel's Defence.

I'm not guilty yet, I'm not guilty yet,
Although I'm accused, I'm not guilty yet;
Before you condemn, ye maun hear a bit,
Although I'm accused, I'm not guilty yet.

5.-Address to the Jury.

Gentlemen, 'tis my turn to address you,
And with much speaking I'll not oppress you;
The proof lies before you, in writing down taken,
Therefore, I hope, you will spare this man's bacon.
But as it is usual a few things to mention,
To steal, I believe, he had no intention;
Therefore be not, like the Lords, in a fury,
But bring him off like a sensible Jury.

6.-Petition for Banishment to the Court.

O send me o'er the wide seas, my ain kind Lordies, O,
To Sidney-Cove, or where you please, my ain kind Lordies, O;
For gang this trial as it will, my ain kind Lordies, O,
In Scotland I can fare but ill, my ain kind Lordies, O.

7.-Intended last Speech.

Ye now assembled, here attend,
To witness my untimely end,
And ear not unpropitious lend,
To an old soldier's story.

Last war when every hostile shore,
Did with the British thunder roar,
I in successful battle bore

A share that gain'd me glory.

The French of India, east and west,
Were by our leaders dispossess'd,
And all their Admirals confess'd,
That they were beaten fairly.
But now the difference sure is great,
We hardly meet the Gallic fleet,
From Yankies our best troops retreat.
And with a Congress parley.

Though by severity misled,

Both King and Court would have me dead; The blood I for my country shed,

Will yet be my salvation :

I die in hopes I'll soon be where,

Great Wolfe enjoys the starry sphere ;

And looking downwards, sheds a tear,
To see the alteration.

Petition to the King.

I am a chief of the M'Craws,

Knew nothing of your Lowland laws,
Which of my stealing was the cause,

But I'll not steal again, Sir.

O let me aff this ae time,
This ae time, this ae time,
O let me aff this ae time,
I'll never steal again, Sir.

* In the year 1778.

A fencible I'll guard at home,
Or on the seas a sailor roam,
Even common soldier I'll become,

Or what else you incline, Sir.

O let me aff this ae time, &c.*

The Justiciary Garland was for the first time printed by the late Dr Duncan in a collection of macaronic poems; from what quarter he procured it has not been ascertained,—perhaps from the recitation of some of the parties concerned in the authorship; it has the appearance of being incomplete, from being deficient in the verdict and sentence. It is very probable that the presiding judge is meant for Lord Kames, who was very fond, it is said, of procuring convictions; see page 48. His Lordship at times did say odd things on the bench, as the following anecdote sufficiently indicates. Being on the circuit at Perth, after a witness on a capital trial had concluded his testimony, his Lordship said, "Sir, "I have one question more to ask you, and remember you are on your oath. "You say you are from Brechin ?"—" Yes, my Lord."-" When do you return thither?" '—“To-morrow, my Lord."- "Do you know Colin Gillies?""Yes, my Lord, I know him very well." "with him on Tuesday morning."

66

"Then tell him I shall breakfast

Mr. Gillies was an elder brother of Dr. Thomas Gillies of Balmakewan, the father of R. P. Gillies, Esq. advocate, who is well known for his translations from the German, and as author of an interesting volume of Reminiscences of his friend Sir Walter Scott, which originally appeared in detached portions in Fraser's Magazine.

His elder brother was John Gillies, L. L.D. the historian of Greece, and Royal Historiographer for Scotland. His youngest brother is Adam Gillies, Lord Gillies, a distinguished ornament of the Scotish Bench.

Mr. Colin Gillies, who was a leading man in Brechin, was celebrated for his kindness and hospitality-he died several years since at a good old age, and although latterly infirm, he retained his spirits to the last, so much so, that when in company with his friends, he would, over his cheerful glass, recur to olden times, and gratify his auditors with many curious reminiscenses and anecdotes of the past.

VII.

THE COURT OF SESSION GARLAND.

This jeu d'esprit was chiefly written by James Boswell, although Lord Dreghorn is supposed to have had a hand in the composition of it. His Lordship, says Chambers, "was extremely fond of the poem, and used to sing it frequently in the slow drawling naif style which added so much to its value in the estimation of a last century hearer."*

PART FIRST.

TUNE.-Logan Water.

1

The Bill charged on was payable at sight
And decree was craved by Alexander Wight ;†
But, because it bore a penalty in case of tailzie
It therefore was null, contended Willie Baillie.‡

2

The Ordinary not chusing to judge it at random
Did with the minutes make avizandum.

And as the pleadings were vague and windy
His Lordship ordered memorials hinc inde.

3

We setting a stout heart to a stay brae
Took into the cause Mr. David Rae:§

Traditions of Edinburgh, vol. II. p. 158.

↑ Wight.-Alexander Wight, Esquire, an eminent barrister of the period, and author of a learned treatise on the election law. A work which, although almost professionally useless since the passing of the Reform Bill, is still valuable for its historical information, and amusing from its detail of political squabbles. Baillie. William Baillie, afterwards Lord Polkemmet, an indifferent counsel, and still more indifferent judge.

§ Rae. David, afterwards Lord Eskgrove, and Lord Justice-Clerk. He was subsequently made a Baronet. He was the son of a nonjuring clergyman, and father of the Right Honourable Sir William Rae, Bart. M. P. for the county of Bute, and many years Lord Advocate of Scotland.

Lord Auchinleck* however repelled our defence,
And over and above decerned for expence.

4

However, of our cause not being asham'd,
Unto the whole Lords we straightway reclaim'd;
And our petition was appointed to be seen,
Because it was drawn by Robie M'Queen.+

5

The answer by Lockhart‡ himself it was wrote,
And in it no argument or fact was forgot;

He is the lawyer that from no clause will flinch,
And on this occasion divided the bench.

6

Alemoors the judgment as illegal blames,

'Tis equity, you bitch, replies my Lord Kames ;||

* Auchinleck.-Boswell's father, a Judge of the Court of Session.

† M Queen. Better known afterwards as Lord Braxfield.

Lockhart.-Alexander Lockhart, Lord Covington, a very distinguished

lawyer.

§ Alemoor. Thomas Pringle called to the bench in 1759,-died 1776.

|| Kames.-Lord Kames's use of the epithet mentioned in the text was notorious; whether in his own house, in the house of a friend, or on the bench, it was always slipping out. Once when on the circuit, his Lordship had been dozing on the bench, a noise created by the entrance of a new pannel, woke him, and he enquired what the matter was, Oh! its a woman, my Lord, accused of child murder," and a weel farred bh too," muttered his Lordship, loud enough to be heard by those present. Kames had a great taste for convictions, and it was alleged, used every effort to procure them. Once he had the satisfaction of convicting and sentencing two unfortunate wretches to be hanged. At the Circuit dinner he was in capital spirits, boasting," he had killed two birds that day."

His Lordship was sometimes addicted to what is in modern parlance termed quizzing; and being in Perth upon the Circuit, he was one day walking across the bridge, where a toll-bar had just been put up, and met Hamilton the Professor of Mathematics at Aberdeen, (uncle of the well-known Bishop Horsley), who was a very stupid looking man; his Lordship not knowing him, thought this a capital chance for a banter. He stopped him and asked, “pray my good man, what would be the toll for a carriage and six? The Professor told him. Next he enquired what the toll for a carriage and four? Next what was the toll