to have gone down all one way, he wold blaithly swallowed it, as he had done many untouthsome morsel before, as was well known to all the court."

To this was answered, that "all his former good service could not excuse his present guilt."

"Guilt!" quoth another, "if that be guilt he hath many marrows, and why should he be worse handled than all the rest?"

Notwithstanding what was urged in the tyke's behalf, the jury found he had so mangled the test, and abused it, that it was "interpretative treason," and found him "guilty of Leising-making" wherefore he was ordered to close prison till he should be again called forth and receive sentence "to be hanged like a dog."

While he was removing from the court, there chanced "a curate" to be present, and ask, "what was the matter, what ailed them at the dog?" whereto one answered, "that he, being in publick trust, was required to take the test, and had both refused it and abused it, whereupon he was to be hanged;" whereat the curate, storming, said, "They deserved all to be hanged for such presumptuous mockery;" but the boys, laughing aloud, cried with one consent, that "he, and his brethren, de served better to be hanged than any of them, or the tyke eather, since they had swallowed that which the tyke refused." The verdict created no small dissension; 66 some suspected deadly fewd in the chanselor of the jury, alleadging that ane enemy was not fit to be a judg; this was answered, that he was of more noble extract then to stain his honor with so base an act, and that his own reputation wold make him favored; another objected that a tyke's refusing so good a test, might be ill example to creatures of better reason; to this a pakie loun answered, that it could not be good, since Lyon Rampant, King of Tykes, nor none of his royal kin, wold not so much as lay ther lips, to it far less to swallow it, and there

fore

Here the speaker was interrupted "by one that was a principal limmer among them (a contradiction reconciler) who would needs help him with a logical distinction, wherby he, like an Aberdeen's man, might cant and recant again."

There were other conjectures, "requiring the judgment of the learn'd to determine which has been maist suitable :" e. g.

One fancied, that "the tyke might take

the test secundum quid, though not simpliciter ;"

Another, that he might take it "in sensu diviso, though not in sensu com posito ;"

A third, that "though it was deadly to take it with verbal interpretatione, yet it might be taken safe enough with mental reservatione;"

A fourth thought, that "though his stomach did stand at it, in sensu univoco, yet it might easily digest it in sensu et æquivoco;"

In this manner suppositions multiplied, and to one who proposed a "jesuitical distinction, it was answered, that "the tyke would neither sup kail with the div'l, nor the pope, and therefore needed not his long spoon; well, said ane other, this is mair nor needs, since we are all sure that the tyke could not have kept his office so long, but he most needs have swallowed many a buttered bur before this time, and it was but gaping a little wider and the hazard was over."

Nay," quoth his neighbour, "the hazard was greater than ye imagine, for the test, as it was rowed up, had many plyes and implications in it, one contrary to another; and swa the tyke might been querkened ere it had been all over, ilk ply, as it were, rancountering another, wresling and fighting."

Then it was proposed, as the tyke had actually swallowed the better part, if not the whole test, that though he had brought it up again, yet it were better to try if he would swallow it again; "but this project was universally rejected, baith by the maist charitable, as bootless, and by the mair severe, or too great a favor."

As regarded the condemned tyke, "matters being thus precipitat, and all hopes of reprieve uncertain, a wylie loun advised him to lay by the sheep's (which had done him so little good) and put on the fox's skin;" wherefore, like a sensible dog, "hiding his own tail between his legs, and griping another's train, he passed through all the gates undiscoverer and swa was missing :

'Thus he was forc'd when right did fail, To give them the flap with a fox's tail.""

What became of him was unknown and "the news of the tyke's escape being blazed abroad, the court assembleth to consult what was then anent to be done."

By one it was said that "the affronting escape, and other misdemeaners of that tyke were so great, that the highest severity was too little;"

Another said, "sine he is gone, let him go, what have we more to do, but put another in his place;"

A third said, "his presumptuous and treasonable carriage, would be of ill example to others, unless due punishment followed thereupon ;”

A Remark.

A great deal of the ingenious argument in this extremely scarce witticism, was probably adduced by the "Heriot's boys," when they indulged in the practical humour of administering the test to the hospital dog as an "office bearer." Independent of its ability, and because the editor of these sheets does not remember to have met with it in any collection of papers on public affairs, he has rather largely extracted from it, hoping that, as it is thus recorded, it will not be altogether misplaced. Of course, every reader may not view it in that light; but there are some who know, that such materials fre

Then further debate ensued, and, thereupon, the conclusion; which was ordered to be published as follows:

"W

Proclamation.

THEREAS ane cutt lugged, brounish coloured Mastiff Tyke, cailed Watch, short leged, and of low stature; who being in Office of Public Trust, was required to take the Test, and when it was lawfully tendered to him, he so abused it, and mangled it; whereupon he, after due Tryal for his presumption, was convict of Treason, and sincesyn haih broken Prison, whereupon the Court adjudges him, To be hanged like a Dog, whenever he shall be apprehended; and in the mean time declares his Office, his hail Estat heir atable and moveable, and all cansual ties belonging to him, to be echeated and forfaulted, and ordeans the colectors of the Court to uplift his Rents and Causualties, and to be countable to the Court, both for diligence and intermission, and also discharges all persons to reset or harbor the Fugitive Trator, and likeways, gives assurance to all persons, who shall either apprehend him, or give true information of him, swa that thereupon he bees apprehended, the person swa doing, shall have 500l. for his pains. Given at our Court, &c."

of questionable facts, and that they are often a clue to very interesting discoveries: by such readers, apology will not be required for the production.

It has been said of George Heriot, that "his vanity exceeded his charity." But an assertion justly urged respecting many founders who sought posthumous notoriety by sordid disregard to the welfare of surviving relatives, cannot be applied to George Heriot. It was not until he had bestowed ample largesses on his kinsfolk, that he munificently endowed his native town with a provision for rearing the children of its citizens. To stay the fame of the deed, was not in the power of the hand that bestowed the gift; and when the magistrates of Edinburgh honour Heriot's memory, they incite others to emulate his virtue. Their predecessors received his donation with a spirit and views correspondent to those of the donor as faithful stewards they husbanded his money, and laid it out to so great advantage, that when the hospital was completed, though the building alone cost more than the amount of Heriot's bequest, the fund had accumulated to defray the charges, and leave a considerable surplus for the maintenance of the inmates; with a prospect, which time has realized, of further increase from the increasing value of the land they pur

chased and annexed to the foundation as its property for ever. It did not escape the penetration of Heriot's mind, and, in

• In a communication descriptive of Edinurgh, in the Gent. Mag. for 1745, p. 086.

fact, he must naturally have taken into account, that such an institution in the metropolis of Scotland would derive conributions from other sources, and flourish, as it yet flourishes, a treasure-house of charity.

The prudent and calculating foresight by which Heriot rendered his fortune splendid, was exercised in deliberating the management of the inmates on his projected establishment. He had the wisdom to distrust the quality of his judgment on matters wherein his observation and knowledge were necessarily limited, and committed the drawing up of the statutes to his friend Dr. Balcanquel. There is no evidence to what extent the founder himself had any share in these rules for effectuating his intentions; but when the age wherein they were compiled is regarded, it will scarcely be alleged that he could have elected from his friends, a better executor of the best of his good wishes.

The acquisition of such experience as Dr. Balcanquel's, in his capacity of master of the Savoy, is strong testimony of Heriot's discrimination and manly sense. The statutes of Dr. Balcanquel, who had assisted at the synod of Dort, and was successively dean of Westminster and Durham, are free from the overlegislating disposition of his times, which while it sought to distinguish, confused the execution of purposes. To the liberal laws, and the liberal spirit wherein they have been interpreted, some of the most highly-gifted natives of Edinburgh owe the cultivation of their talents.

Each of the windows of Heriot's hospital is remarkable for being ornamented in a different manner, with the exception of two on the west side whereon the carvings exactly agree. The north gate is adorned with wreathed columns, and devices representing the modes of working in the business of a jeweller and goldsmith.

Heriot's boys, with a daring which seems to require some check, on account of its risk, and the injury it must necessarily occasion in the course of time, have a practice of climbing this front by grasp ing the carvings. The insecurity of this progress to a fearful eminence, has surprised and alarmed many a spectator "frae the south."

Gentleman's Magazine.

Inscriptions of various benefactions are placed in the council-room. There is one which records the liberality of a wellknown gentleman, viz.

1804

Dr. John Gilchrist, several Years Professor of the Hindostanee Language in the College of Fort William, Bengal presented 1007. sterling to this Hospital, as a small testimony of Gratitude for his Education in so valuable a Seminary.

There are several engravings of his portrait. One of them by J. Moffat, Edinburgh, engraved in 1820, after a picture by Scougal, in the council-room of the edifice, is inscribed "GEORGE HERIOT, Jeweller to King James VI., who, besides founding and endowing his stately hospital at Edinburgh, bequeathed to his relations above 60,000l. sterling. Obiit. 1623. Etatis Anno 63." His arms on this print are surmounted by the motto, "I distribute cheerfully."

In the "Fortunes of Nigel," by the author of "Waverely," Heriot is introduced, with a minute description of his dress and person, seemingly derived from real data, whereas there is little other authority for such markings, than the imagination of the well-known "Great Unknown."

The striking magnificence of Heriot's hospital is recorded by an expression of too great force to be strictly accurate. It was observed by a foreigner, before the palace of Holyrood-house was built by Charles II., that there was at Edinburgh a palace for beggars, and a dungeon for kings.*

CHRONOLOGY.

On the fifth of June, 1826, Carl Maria Von Weber, the eminent musical composer, died in London, of a long standing pulmonary affection, increased probably by the untowardness of our climate. He gave a concert ten days before, wherein he composed an air,

* Gentleman's Magazine.

SONG.

From Lalla Rookh.

From Chindara's warbling fount I come,
Call'd by that moonlight garland's spell;
From Chindara's fount, my fairy home,
Where in music, morn and night, I dwell.
Where lutes in the air are heard about,
And voices are singing the whole day long,
And every sigh the heart breathes out
Is turn'd, as it leaves the lips, to song!
Hither I come

From my fairy home,

And if there's a magic in Music's train,
I swear by the breath

Of that moonlight wreath,
Thy lover shall sigh at thy feet again.

For mine is the lay that lightly floats,
And mine are the murmuring, dying notes,
That fall as soft as snow on the sea,
And melt in the heart as instantly!
And the passionate strain that, deeply going,
Refines the bosom it trembles through,
As the musk-wind over the waters blowing,
Ruffles the waves, but sweetens it too!
So, hither I come
From my fairy home,

And if there's a magic in Music's strain,
I swear by the breath

Of that moonlight wreath,
Thy lover shall sigh at thy feet again.

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 people shall repay their services. Poor Izaak Walton! He cried up anglers as the very perfection of human nature. They were the most meek, loving, and patient of God's creatures. They were too much imbued with nature's tranquillizing spirit to be ambitious; too excellent christians to be jealous; and all this, good, simplehearted fellow as he was, because he was such a man himself. I have naturally great faith in the influence of nature, and, therefore, though I never could resist a smile at Izaak's zealous eulogies on the calling all times, people, and places, to do honour to it; pressing kings, prophets, apostles, and even Jesus Christ himself, into the ranks of his admired anglers-yet, I involuntarily permitted his warm and open-hearted eloquence to more than half persuade me of the superior natures of his piscatorial protegées; in short, that they were such men as himself.

art

In one of my summer rambles through the peak of Derbyshire I entered Dovedale. It was in June, and on one of the most delightful evenings of that delightful month. There had been rain in the day, and the calm splendour of the declining sun fell upon a scene not more fantastically sublime in its features, than it was beautiful in its freshness. The air was deliciously cool, balmy, and saturated with the odour of flowers. The deep grass in the bottom of the valley was heavy with its luxuriance. The shrubs waved and sparkled, with their myriad drops, upon lofty crags and stern precipices; and the Dove, that most beautiful of swift and translucent streams, went sounding on its way with a voice of gladness in full accordance with every 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 ruminating and poetical mood,- -a humour to soliloquize and admire, and to see things perhaps a little more fancifully than an etymologist, or a mathematician might.

It was exactly when that species of ephemera, the drake-fly, the glory of