Kay's Originals Vol. 2

All Books Kay's Originals Vol. 1 Kay's Originals Vol. 2 Memorials of Edinburgh in the Olden Time Edinburgh Past and Present Old and New Edinburgh Vol. I Old and New Edinburgh Vol. II Old and New Edinburgh Vol. III Old and New Edinburgh Vol. IV Old and New Edinburgh Vol. V Old and New Edinburgh Vol. VI

Go to: « Kay's Originals Vol. 1 Kay's Originals Vol. 2 Title Pages Advetisement Notice to the First Edition CLXXI. Mr. John Dowie, Vintner, Libberton's Wynd CLXXII. Colin Campbell, Esq. of Kilberry, Argyleshire CLXXIII. The Lawnmarket Coach; or, A Journey Along the Mound CLXXIV. The Right Hon. Selina Countess Dowager of Huntingdon CLXXV. Jamie Duff, alias Bailie Duff CLXXVI. Major-General Alexander Mackay CLXXVII. Allan Maconochie, Lord Meadowbank CLXXVIII. General James Grant of Ballindalloch CLXXIX. The Right Hon. the Earl of Moira, commander-in-chief of the forces in Scotland CLXXX. The Commander-in-Chief addressing the Edinburgh Spearmen CLXXXI. Mr. John Wemyss, Mr. Robert Clerk, and George Pratt CLXXXII. Two booksellers. Mr. William Coke and Mr. John Guthrie CLXXXIII. William Butter, Esq., and Sir John Morrison CLXXXIV. James Alexander Haldane, Esq., Minister of the Tabernacle, Leith Walk CLXXXV. Sergeant-Major Patrick Gould, and an Edinburgh Volunteer CLXXXVI. Mr. Benjamin Bell, Surgeon CLXXXVII. "The Five Alls." CLXXXVIII. Rev. Dr. Thomas Hardie CLXXXIX. Sir James Campbell, Bart., of Ardkinglass CXC. Dr. Andrew Duncan, Sen. CXCI. Dr. Andrew Duncan in 1797 CXCII. Major Andrew Fraser, the Honourable Andrew Erskine, and Sir John Whitefoord, Bart. CXCIII. Sir John Sinclair, Bart. of Ulbster CXCIV. Lord Stonefield CXCV. John Home, Esq., of Ninewells CXCVI. Mr. William Grinly, Broker and Auctioneer CXCVII. The Hon. Alexander Leslie, Lieut.-General and Colonel of the Ninth Regiment of Foot. CXCVIII. Dr. James Hamilton, Senior CXCIX. Mr. William Mason, Secretary to the Grand Lodge CC. Rev. James Baine, A.M. CCI. Ebenezer Wilson, Brassfounder CCII. Sir Ilay Campbell, Bart. CCIII. Mr. John Campbell, Precentor CCIV. A medley of Musicians CCIV. A medley of Musicians CCV. William Wilson or "Mortar Willie" CCVI. Dr. Thomas Snell Jones, Minister of Lady Glenorchy's Chapel CCVII. William Forbes, Esq. of Callendar CCVIII. Dr. Gregory Grant CCIX. Rev. James Lapslie, Minister of Campsie CCX. O'Brien, the Irish Giant, and William Ranken, Esq. CCXI. Faithful Service Rewarded CCXII. Mr. George Williamson, King's Messenger and Admiral Macer for Scotland CCXIII. Mr. Francis Braidwood, Cabinet-Maker CCXIV. The Right Hon. the Earl of Eglinton CCXV. Rev. James Struthers, Minister of the Relief Chapel, College Street CCXVI. Rev. Mr. Struthers CCXVII. Lord Monboddo, in the Court of Session CCXVIII. Old Geordie Syme, a famous Piper in his time CCXIX. Sir John Leslie, Professor of Natural Philosophy in the University of Edinburgh CCXX. Old John Tait, the Broom-Maker CCXXI. James Hume Rigg, Esq. of Morton, Isaac Grant, Esq. of Hilton, Achibald Macarthur Stewart, Esq. of Ascog, The Hon. Captain (afterwards General), John Leslie, and Captain William Wemyss CCXXII. Rev. Dr. Buchanan, one of the Ministers of the Canongate Church CCXXIII. Old Widow Ellis CCXXIV. The City Tron-Men; or Chimney-Sweepers CCXXV. William Cumming, Esq. CCXXVI. Rev. John Wesley, Dr. Hamilton, and the Rev. Mr. Cole CCXXVII. Sir William Honyman, Bart., of Armadale CCXXVIII. Rev. Dr. Alexander Turnbull, of Dalladies CCXXIX. Margaret Suttie, a hawker of salt CCXXX. Archibald Hamilton Rowan, Esq., of Killileagh, in Ireland, and The Hon. Simon Butler CCXXXI. Citizen M. C. Browne CCXXXII. Rev. John Walker, D.D. CCXXXIII. M. De Latour, Painter to the King of France, Member of the Royal Academy of Painting at Paris, etc. CCXXXIV. Mr. Thomas Paine, Secretary for Foreign Affairs to the American Congress CCXXXV. Captain James Burnet, the Last Captain of the City Guard CCXXXVI. Samuel McDonald, in the Uniform of the Sutherland Fencibles CCXXXVII. Mr. Charles Sinclair CCXXXVIII. Rev. David Black, Minister of Lady Yester's Church, Edinburgh CCXXXIX. Thomas Jefferson, Esq., President of the United States of America CCXL. Major-General Aytoun and The Duc D'Angouleme CCXLI. Mr. Clinch and Mrs. Yates, in the characters of the Duke and Duchess of Braganza CCXLII. Alexander McKellar; or "The Cock o' the Green." CCXLIII. Lord Polkemmet CCXLIV. James Gillespie, Esq. of Spylaw, and his brother, Mr. John Gillespie CCXLV. Rev. Dr. John Colquhoun CCXLVI. Major Charles Johnstone CCXLVII. Andrew Donaldson, Teacher of Greek and Hebrew CCXLVIII. "Petticoat Government" CCXLIX. Campbell of Sonachan laughing at the Print of "Petticoat Government" CCL. Mr. Thomas Sommers, his Majesty's Glazier for Scotland CCLI. Mr. Francis Anderson, W.S., Mr. James Hunter, and his son, Mr. George Hunter CCLII. Rev. Robert Culbertson, of the Associate Congregation, Leith CCLIII. The Right Hon. Charles Hope of Granton, when Lord Advocate of Scotland CCLIV. Right Hon. Charles Hope CCLV. The Right Hon. William Pitt CCLVI. The Right Hon. William Pitt, and Henry Dundas, afterwards Lord Melville CCLVII. Mr. and Mrs. Lee Lewes CCLVIII. Dr. Thomas Hay, City Chamberlain, and Sir James Stirling, Bart. CCLIX. Colonel Monro, a well known blue-gown beggar CCLX. Sir Henry Moncreiff Wellwood, Bart. CCLXI. Sergeant William Duff CCLXII. Lord Balmuto CCLXIII. Rev. James Hall, D.D. CCLXIV. Mr. Hamilton Bell, W.S., carrying a Vintner's Boy from Edinburgh to Musselburgh, and Mr. John Rae, Surgeon-Dentist, accompanying him in the character of Bottle-Holder CCLXV. Mr. Edward Innes, and his second, Mr. James Cooper, following after Mr. Bell CCLXVI. The Artist under Examination by Sheriff Pringle, with the pursuers, Bell and Rae, sitting behind CCLXVII. The Hon. Sir Nash Grose, one of the Judges of the Court of King's Bench CCLXVIII. Harvey Christian Combe, Esq., Lord Mayor of London CCLXIX. Sir John Marjoribanks, Bart., Lord Provost of Edinburgh, in his robes CCLXX. Rev. Charles Simeon, M.A. of Trinity Church, Cambridge CCLXXI. Archibald McArthur, piper to the late Sir Reginald Macdonald Stewart Seton, of Touch and Staffa, Bart. CCLXXII. Mirza Aboul Hassan Khan, envoy extraordinary from the King of Persia to the Court of Great Britain CCLXXIII. Mr. John Finlayson, formerly a writer in Cupar-Fife CCLXXIV. Rev. David Dickson, minister of New North Church, Edinburgh CCLXXV. Hugh Macpherson, sometime Clerk to the Perth Carriers CCLXXVI. Mr. Henry Johnston, in the Character of Hamlet CCLXXVII. Rev. John Jamieson, D.D. CCLXXVIII. Robert Craig, Esq. of Riccarton CCLXXIX. David Smythe, Lord Methven CCLXXX. General Francis Dundas, Sir Henry Jardine, Sir Robert Dundas of Beechwood, Bart., Captain Hay, the Late Earl of Eglinton, and the Misses Maxwell, etc. CCLXXXI. Rev. John McDonald of the Gaelic Chapel, Castle Wynd, Edinburgh CCLXXXII. Lord Cullen, one of the senators of the College of Justice CCLXXXIII. The Edinburgh Fish-Women CCLXXXIV. William Macdonald, officer to the Highland Society of Scotland CCLXXXV. Sir William Miller of Glenlee, Bart. CCLXXXVI. Lieut.-General Vyse, in command of the Forces of Scotland CCLXXXVII. Rev. Dr. James Peddie, of the Associate Congregation, Bristo Street CCLXXXVIII. Rev. Dr. Peddie, in 1810 CCLXXXIX. Andrew McKinlay, tried for administering unlawful oaths CCXC. James Mackcoull, alias Captain Moffat CCXCI. Beetty Dick, Town-Crier of Dalkeith CCXCII. Two Chairmen; or, "The Social Pinch." CCXCIII. James McKean, at the Bar of the High Court of Justiciary CCXCIV. Sir William Macleod-Bannatyne (Lord Bannatyne) CCXCV. Training a Councillor CCXCVI. John Steele CCXCVII. Mr. John Austin, author of a "System of Stenographic Music" CCXCVIII. Robert Kay, Esq., Architect CCXCIX. Captain Billair and his Wife, who, though a tall woman, always wore high-heeled shoes CCC. The Last Sitting of The Old Court of Session CCCI. Rev. Alexander King, of the Relief Congregation, Dalkeith CCCII. Francis Jeffrey, Esq., Advocate CCCIII. Captain Dalrymple, and Miss Macdonald of Clanronald CCCIV. The Lovers CCCV. Dr. John Brown, alias "The Devil Killer" CCCVI. Miss Burns, a celebrated beauty of last century CCCVII. A Political Set-To; or, "Freedom of Election" Illustrated CCCVIII. Mr. Pierie and Mr. Maxwell. The Ladies are in the Costume of 1785 CCCIX. Rev. George Husband Baird, D.D. CCCX. Provost Elder and Principal Baird. CCCXI. Dr. John Hope, Professor of Botany in the University of Edinburgh CCCXII. Second Division of the Court of Session CCCXIII. Jerome William Knapp LL.D., Deputy-Clerk of Arraigns CCCXIV. Three Social Friends. Mr. Robert Kay, Mr. Louis Cauvin, and Mr. David Scott CCCXV. Mrs. Smith, in the costume of 1795 CCCXVI. The Hon. William Ramsay Maule, of Panmure, afterwards Lord Panmure of Brechin and Navar CCCXVII. A. Colquhoun, Esq., of Killermont, Lord Advocate of Scotland, and A. Maconochie, Esq. (Lord Meadowbank), then Solicitor-General CCCXVIII. The Hon. Francis William Grant of Grant, Colonel of the Inverness-shire Militia CCCXIX. Rev. David Dickson, D.D. CCCXX. Twelve Advocates who plead with wigs on CCCXXI. Rev. James-Francis Grant, of St. George's Chapel, York Place, Edinburgh CCCXXII. The Craft in Danger CCCXXIII. Robert Sym, Esq., writer to the Signet CCCXXIV. Rev. Henry Grey, A.M. CCCXXV. Mr. Robert Macgachen, Accountant of Excise CCCXXVI. Twelve Advocates, who plead without wigs CCCXXVII. John Rose, Esq. of Holme CCCXXVIII. Major Skey, and the Right Hon. Lord Clive (now Earl of Powis), of the Shropshire Militia CCCXXIX. Archibald Campbell, City Officer CCCXXIX.* Archibald Constable, Esq. Appendix Notes to Vol. 2 Index to the Portraits, etc. in Vol. 2 Index to the Names Incidentally Mentioned in the Second Volume » Memorials of Edinburgh in the Olden Time » Edinburgh Past and Present » Old and New Edinburgh Vol. I » Old and New Edinburgh Vol. II » Old and New Edinburgh Vol. III » Old and New Edinburgh Vol. IV » Old and New Edinburgh Vol. V » Old and New Edinburgh Vol. VI

BIOGRAPHICAL SKETCHES. 385 ' of the pursuer, Answers for the defender,' and so on ; 'Finds, in respect that it is not alleged that ' the diamonds on the back of the Diamond Beetle are real Diamonds, or anything but shining ' spots, such as are found on other Diamond Beetles, which likewise occur, though in a smaller ' number, on a great number of other Beetles, somewhat different from the Beetle libelled, and ' similar to which there may be Beetles in Egypt, with shining spots on their backs, which may ' be termed Lice there, and may be different not only from the common Louse, but from the ' Louse mentioned by Moses as one of the plagues of Egypt, which is admitted to be a filthy ' troublesome Louse, even worse than the said Louse, which is clearly different from the Louse ' libelled. But that the other Louse is the same with, or similar to, the said Beetle, which is ' also the same with the other Beetle ; and although different from the said Beetle libelled, yet, ' as the said Beetle is similar to the other Beetle, and the said Louse to the said other Louse ' libelled ; and the other Louse to the other Beetle, which is the same with, or similar to, the ' Beetle, which somewhat resembles the Beetle libelled; assoilzies the defender, and finds ' expenses due.' " Say away, my Lords. "LORD MEADOWBANK.-This is a very intricate and puzzling question, my Lord. 1 have formed no decided opinion ; but at present I am rather inclined to think the interlocutor is right, though not upon the ratio assigned in it. It appears to me that there are two points for consideration ; Pirst, Whether the words libelled amount to a convicium; and, Sewndly, Admitting the convicium, whether the pursuer is entitled to found upon it in this action. Now, my Lords, if there be a eonvicium at all, it consists in the comparatio or comparison of the Scarabmiss or Beetle with the Egyptian Pediculus or Louse. My first doubt regards this point, but it is not at all founded on what the defender alleges, that there is no such animal as an E,oYytian Pediculw or Louse in rerum natura; for though it does not actually exist, it maypossibly exist ; and whether its existence be in m e velposse, is the same thing to this question, provided there be habiles for ascertaining what it would be if it did exist. How am I to discover what are the essentia of any Louse, whether Egyptian or not? It is very easy to describe its accidents as a naturalist would do-to say that it belongs to the tribe of assterm (or that it is a yellow, little, greedy, filthy, despicable reptile)-but we do not learn from this what the proprium of the animal is in a logical sense, and still less what its differentia are. Now, without these, it is impossible to judge whether there is a convicium or not ; for, in a case of this kind, which sequitur naturam delicti, we must take them meliori sensu, and presume the eomparatio to be in the melioribus tantum. And here I beg that parties, and the bar in general -[interrupted by Lord Hermand, Your Lordsht$ should address yourself to the Cha,ir]-I say- 1 beg it may be understood that I do not rest my opinion on the ground that veritccs convicii ezcusat. I am clear that although this Beetle actually were an Egyptian Pediculzw, it would afford no relevant defence, provided the calling it so were a conwicium ; and there my doubt lies. "With regard to the second point, I am satisfied that the Scarabcezcs or Beetle itself has no persona standi in judi&; and therefore the pursuer cannot insist in the name of the Searaw, or for his behoof. If the action lie at all, it must be at the instance of the pursuer himself, as the v e m dominus of the Scarabmzcs, for being calumniated through the convicium directed primarily against the animal standing in that relation to him. Now, abstracting from the qualification of an actual dominium, which is not alleged, I have great doubts whether a mere conuicium is necessarily transmitted from one object to another, through the relation of a dominium subsisting between them ; and, if not necessarily transmissible, we must see the principle of its actual transmission here ; and that has not yet been pointed out. " LORD HERMAND.-wB heard a little ago, my Lord, that there is a difficulty in this caae ; but I have not been fortunate enough, for my part, to find out where the difficulty lies. Will any man presume to tell me that a Beetle is not a Beetle, and that a Louse is not a Louse! I never s&w the petitionefs Beetle ; and what's more, I don't care whether I ever see it or not ; but I suppose it's like other Beetles, and that's enough for me. I have seen them, my Lord, ever since I was a child in my mother's arms ; and my mind tells me that nothing but the deepest and blackest malice rankling in the human breast could have suggested this comparison, or led any man to form a thought so injurious and insulting. But, my Lord, there's more here than all t h a t - a great deal-more. One could have thought the defender would have gratified his spite to the full But my doubt is here. " But, my Lord, I know the other reptile well. VOL II. 3 D

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BIOGRAPHICAL SKETCHES. by comparing the Beetle to a common Louse-an animal sufficiently vile and abominable for the purpose of defamation-[Shut that door therel-but he adds the epithet Epjptian, and I know . well what he means by that epithet. He means, my Lord, a Louse that has been fattened in the head of a C y p q or Tinker, undisturbed by the comb, and unmolested in the enjoyment of its native filth. He means a Louse ten times larger, and ten times more abominable than those with which your Lordship and I are familiar. The petitioner asks redress for the injury, so atrocious and 80 aggravated ; and, as far as my voice goes, he shall not ask it in vain. It appears to me to be slanderous and calumnious to compare a Diamond Beetle to the filthy and mischievous animal libelled. By an Egyptian Louse, I understand one which has been formed in the head of a native Egyptian-a race of men who, after degenerating for many centuries, have sunk at last into the abyss of depravity, in consequence of having been subjugated for a time by the French. I do not find that Turgot, or Condorcet, or the rest of the economists, ever reckoned the comhing of the head a species’of productive labour ; and I conclude, therefore, that wherever French principles have been propagated, Lice grow to an immoderate size, especially in a warm climate like that of Egypt. I shall only add, that we ought to be sensible of the blessings we enjoy under a free and happy Constitution, where Lice and men live under the restraint of equal laws-the only equality that can exist in a well-regulated state. “ LORD PoLmixixET.-It should be observed, my Lord, that what is called a Beetle is a reptile well known in this country. I have seen mony ane 0’ them in Drumshorliu Muir ; it is a little black beastie, about the size of my thoom nail. The country people ea’ them Clocks ; and, I believe, they ca’ them also Maggy-wi’-the-mony-feet ; but this is not a beast like any Louse that ever I mw ; so that, in my opinion, though the defender may have made a blunder through ignorance, in comparing them, there does not seem to have been any animw injuriundi; therefore I am for refusing the petition, my Lords. There’s more Lice than Beetles in Fife. They ca’ them Beetle-clocks there. What they ca’ a Beetle, is a thing as lang as my arm ; thick at the one end and small at the other. I thought, when I read the petition, that the Beetle or Bittle had been the thing that the women have when they are washing towels or napery withthings for dadding them with ; and I see the petitioner is a jeweller till his trade ; and I thought he had ane 0’ thae Beetles, and set it all round with diamonds ; and I thought it a foolish and extravagant idea ; and I saw no resemblance it could have to a Louse. But I find I was mistaken, my Lord ; and I find it only a Beetle-clock the petitioner has ; but my opinion’s the same it was before. “ LORD WOODHousELEE.-~bere is a case abridged in the third volume of the Dictionary of Decisions, Chalmers v. Douglas, in which it was found, that vetitas conwicii emmat, which may be rendered not l i t e d y , but in a free and spirited manner, according to the most approved principles of translation, ‘the truth of calumny affords a relevant defence.’ If, therefore, it be the law of Scotland (which I am clearly of opinion it is), that the truth of the calumny affords a relevant defence-and if it be likewise true, that the Diamond Beetle is really an Egyptian Louse -1 am inclined to conclude (though certainly the case is attended with difficulty) that the defender ought to be assoilzied.--Refuse. ‘‘ LORDJ USTICCEL ERK( RAE).-I am very well acquainted with the defender in this action, and have respect for him-and esteem him likewise. I know him to be a skilful and expert surgeon, and also a good man ; and I would go a great length to serve him, if I had it in my power to do so. But I think on this occasion he has spoken rashly, and I fear foolishly and improperly. But the petitioner (for whom I have likewise a great respect, because 1 knew his father, who was a very respectable baker in Edinburgh, and supplied my family with bread, and very good bread it was, and for which his accounts were regularly discharged), it aeems has a Clock or a Beetle, I think it is called a Diamond Beetle, which he is very fond of, and has a fancy for, and the defender has compared it to a Louse, or a Bug, or a Flea, or something of that kind, with a view to render it despicable or ridiculous, and the petitioner 80 likewise, as the proprietor or owner thereof. It “LORD CRAICL-I am of the opinion last delivered. “LORD BALMuTo.--’Aml for refusing the petition. I say, my Lords, ’Am for refusing the petition, I say- I hope he had no bad intention-I am sure he had not. His Lordship usually pronounced I am-dum.

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