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to the establishment held a public office, »nd ought to take the test. The paper being presented to the mastiff, he refused to swallow the same unless it was rubbed over with butter. Being a second time tendered, buttered as above mentioned, the dog swallowed it, and was next accused and condemned, for having taken the test with a qualification, as in the case of Argyle!"

The Doc Of Hebiot's Hospital.

There is "An Account of the Arraignment, Tryal, Escape, and Condemnation of the DOG of Heriot's Hospital in Scotland, that was supposed to have been hang'd, but did at last slip the halter."

From this exceedingly rare folio paper of two pages, "Printed for the author, M. D. 1682," now before the editor of the Every-Day Book, he proceeds to extract some exponences in the case of " the dog of Heriot's hospital," by which " the reasoning of the crown lawyers," in the case of the duke of Argyle, was successfully ridiculed.

Its waggish author writes in the manner of a letter, " to show you that the act, whereby all publick officers are obleadged to take the Test is rigorously put in execution; and therby many persons, baith in Kirk and State, throughout the haill Kingdome, by reasone they are not free to take the said Test, are incontinently turned out of their places."

He then relates that this severity occasioned " the loune ladds belonging to the hospittal of Hariot's Buildings in Edenbrough, to divert themselves with somewhat like the following tragi-commedy."

He proceeds to state, that they "fell intil a debate amongist themselves, whither or no, ane mastiffe Tyke, who keept the outmost gate, might not, by reasone of his office of trust, come within the compass of the act, and swa, be oblendged to take the Test, or be turned out of his place."

In conclusion, "the tyke thereupon was called, and interrogat, whither he wold take the test, or run the hazard of forfaulting his office.''

Though propounded again and again, "the silly curr, boding no ill, answered all their queries with silence, whilk had been registrat as a flat refusal, had not on :f the lounes, mair bald then the rest, taken upon him to be his advooat, who

standing up, pleaded that silence might as wel be interpreted assent, as refusal, and therupon insisted that it might be tendered to him in a way maist plausible, and in a poustar maist agreeable to his stomack."

The debate lasted till all agreed " that ane printed copy should be thrumbled, of as little boulke as it could, and therafter smured over with tallow, butter, or what else might make maist tempting to his appetit: this done he readily took it, and after he had made a shift, by rowing it up and down his mouth, to separat what was pleasant to his pallat, and when all seemed to be over, on a sudden they observed somehat (ilke piece after another) droped out of his mouth, qwhilk the advocats on the other side said was the lest, and that all his irksome champing and chowing of it, was only, if possible, to seperat the concomitant nutriment, and that this was mikel worse then an flat refusal, and gif it were rightly examined, would, upon Tryal, be found no less then Leising-making."

The tyke's advocate "opponed, that his enemies having the rowing of it up, might perhaps (through deadly spite) have put some crooked prin intil it; and that all the fumbling and rowing of it up and down his mouth, might be by reason of the prin, and not through any scunnering at the test itself; and that there was nought in the hail matter, that looked like Leising-making, except by interpretation, and his adversaries allowed to be the only interpreters." Finally, he required that his client should have a fair trial before competent judges, "qwhilk was unanimously granted;" and on the trial " ther fell out warm pleading."

The advocates against the tyke set forth, "that he was ou'r malapert, to take so mikel upon him; and that the chaining and cherking of the test belonged nought to him, nor to none like him, who served only in inferior offices; that hit trust and power reached nought so for, and by what he had done, he had made himself guilty of mair nor a base refusal as was libelled.

Those who defended the tyke, pleaded "that he could be guilty of nather, since he had freely taken it in his mouth, willing to have swallowed it down; and that ther was no fault in him, but in its self, that it passed not; since it fell a sqwabeling, one part of it hindering another:" that if it would " have agreed in its self 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 1" 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 V 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, deserved 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; "some suspected deadly fewd in th« 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, word not so much as lay ther lips, to it far less to swallow it, and therefore"

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 learnM to determine which has been maist suitable:" e. g.

One fancied, that " the tyke might take

the test secundum quid, though not timpliciter;"

Another, that he might take it "in sensu divito, though not in tentu composite ,■"

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 sentu univoro, yet it might easily digest it in tentu et aguivoco;"

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, wresting and fighting."

Then it was proposed, as the tyke had actually swallowed the better part, if not the whole test, that thougn 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 gripir.g another's train, he passed through all the gates undiscovered and swa was missing :—

'Thus he was forc'd when light 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 severit; 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 fourth said, "had he not been confident of his own innocency he wold never hare byden a tryal, and since he met with such a surprising verdict, what could he do less than flee for his life? wold not the best in the court, if he had been in his circumstances done the like?"

A fifth said, "if he had been condemned, and hanged in time, he had not played us this prank, but seeing we have missed himself, let us seaze well on what he hath left behind mm."

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

proclamation.

<'"W^7"I1EREAS one cutt lugged, broun▼ T ish coloured Mastiff Tyke, called 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 hath 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 heiratable and moveable, and all casualties belonging to him, to be echeatcd and forfanlted, and ordeans the coleclors of the Court to uplift his Rants and Casualties, 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, sica that thereupon he bees apprehended, the person swa doing, shall have !>00l. for hie pains. Given at our Court, fcc."

A Remark.

A great deal of the ingenious argu. ment 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 i misplaced. Of course, every reader may not view it in that light; but there are some who know, that such materials frequently assist the historian to the proof 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 Ileriot. 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 puichased 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 Edinulgh, in the Gent. Mng. for 1743, p. 080.

fact, he must naturally have taken into account, that such an institution in the metropolis of Scotland would derive contributions from other sources, and flourish, as it vet 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 Don, 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 grasping the carvings. The insecurity of this progress to a fearful eminence, has sur-. prised and alarmed many a spectator "frae the south."

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 100/. 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 " GeorgeHeriot, Jeweller to King James VI., who, besides founding and endowing his stately hospital at Edinburgh, bequeathed to his relations above 60,000/. sterling. Obiit. 1623. iEtatis 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."

• Gentleman's Meguinc.

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'^ Magazine.

to the establishment held a public office, Mid ought to take the teat. Tha paper being presented to the mastiff, he refused to swallow the same unless it was rubbed over with butter. Being a second time tendered, buttered as above mentioned, the dog swallowed it, and was next accused and condemned, for having taken the test with a qualification, as in the case of Argyle I"

The Doc or Heriot's Hospital.

There is "An Account of the Arraignment, Tryal, Escape, and Condemnation of the DOG of Heriot's Hospital in Scotland, that wot supposed to have been hang'd, but did at last slip the halter."

From this exceedingly rare folio paper of two pages, "Printed for the author, M. D. 1682," now before the editor of the Every-Day Book, he proceeds to extract some exponences in the case of "the dog of Heriot's hospital," by which " the reasoning of the crown lawyers," in the case of the duke of Argyle, was successfully ridiculed.

Its waggish author writes in the manner of a letter, " to show you that the act, whereby all publick officers are obleadged to take the Test is rigorously put in execution; and therby many persons, baith in Kirk and State, throughout the haill Kingdome, by reasone they are not free to take the said Test, are incontinently turned out of their places."

He then relates that this severity occasioned "the loune ladds belonging to the hospittal of Hariot's Buildings in Edenbrough, to divert themselves with somewhat like the following tragi-commedy."

He proceeds to state, that they "fell intil a debate amongist themselves, whither or no, ane niastiffe Tyke, who keept the outmost gate, might not, by reasone of his office of trust, come within the compass of the act, and swa, be oblendged to take the Test, or be turned out of his place."

In conclusion, "the tyke thereupon was called, and interrogat, whither he wold take the test, or run the hazard of forfaulting his office.''

Though propounded again and again, "the silly curr, boding no ill, answered all their queries with silence, whilk had been registrat as a flat refusal, had not on :f the lounes, mair bald then the rest, ■dten upon him to be his advooat, who

standing up, pleaded that silence might as wel be interpreted assent, as refusal, and therupon insisted that it might be tendered to him in a way maist plausible, and in a poustar maist agreeable to his stomack."

The debate lasted till all agreed " that ane printed copy should be thrumbled, of as little boulke as it could, and therafter smured over with tallow, butter, or what else might make maist tempting to his appetit: this done he readily took it, and after he had made a shift, by rowing it up and down his mouth, to separal what was pleasant to his pallat, and when all seemed to be over, on a sudden they observed somehat (ilke piece after another) d roped out of his mouth, qwhilk the advocats on the other side said was the test, and that all his irksome champing and chowing of it, was only, if possible, to seperat the concomitant nutriment, and that this was mikel worse then an flat refusal, and gif it were rightly examined, would, upon Tryal, be found no less then l«ising-making."

The tyke's advocate "opponed, that his enemies having the rowing of it up, might perhaps (through deadly spite) have put some crooked prin intil it; and that all the fumbling and rowing of it up and down his mouth, might be by reason of the prin, and not through any scunnering at the test itself; and that there was nought in the hail matter, that looked like Leising-making, except by interpretation, and his adversaries allowed to be the only interpreters." Finally, he required that his client should have a fair trial before competent judges, "qwhilk was unanimously granted;" and on the trial " ther fell out warm pleading."

The advocates against the tyke set forth, " that he was ou'r malapert, to take so mikel upon him; and that the chanting and cherking of the test belonged nought to him, nor to none like him, who served only in inferior offices; that his trust and power reached nought so far, and by what he had done, he had made himself guilty of mair nor a base refusal as was libelled.

Those who defended the tyke, pleaded "that he could be guilty of nather, since he had freely taken it in his mouth, willing to have swallowed it down; and that ther was no fault in hiin, but in its self, that it passed not; since it fell a sqwabeling, one part of it hindering another;" that if it would " have agreed in its self

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