of his aim at the turnip, than about how he was to tumble. But Walter pricked forward gallantly, saying to himself, Cut them down, the villains, cut them down!' and made his blow, which from his lameness was often an awkward one, cordially muttering curses all the while at the detested enemy." When the Tories returned to power, Cockburn was, by the influence of Lord Mellville and Robert Dundas, the lord chief baron, made one of the lord advocate's deputies, notwithstanding his difference of politics. In May, 1807, he pleaded his first case in the General Assembly, and from that time upwards he continued to be personally concerned in all its judicial proceedings. roy "The annual meeting of this convocation was one of the most curious spectacles in Scotland. It gave us the only local images of alty we had, and carried the imagination far back. The old primitive raciness of the place had not been much destroyed when I first knew it. The civilized eloquence of Robertson had guided its councils, but had left the manners and appearance of the great majority of his brethren untouched; and the strictness with which Lord Leven and Lord Napier, as his Majesty's Commissioners, adhered, and made every one who came within the royal circle adhere, to court dress and etiquette, seemed like a hint to every fragment of the olden time to remain." "It The year 1808 saw the commencement of the new gaol on the Calton Hill. was," Cockburn remarks, a piece of undoubted bad taste to give so glorious an eminence to a prison. It was one of our noblest sites, and would have been given by Pericles to one of his finest edifices." A few years after this "the Heart of Midlothian" ceased to beat. It was a good riddance, for it was a most atrocious gaol. This period was also distinguished by the dawn of modern Scottish art in the persons of Raeburn, Nasmyth, John Thomson, and Carse. The first public exhibition of their works was in 1808. In 1810, two still-subsisting institutions arose Horticultural Society and the Commercial Bank. The first was founded by a wellknown character, Patrick Neill, a printer. Cockburn says a pretty thing à propos of flowers. "In innocence, purity, and simplicity, the florist-not the scientific botanist, but the florist of his own little borders-is the only rival of the angler. I wish we had a good Flowery Walton." The rise of the Commercial Bank, and - the few square yards and a scarcely habitable farm"I began (he relates) by an annual lease of a house. But, realizing the profanations of Auburn, I have destroyed a village, and erected a tower, and reached the dignity of a twenty-acred laird. Everything except the two burns, the few old trees, and the mountains, are my own work, and to a great extent the work of my own hands. Human nature is incapable of enjoying more happiness than has been my lot here; where the glories of the prospects, and the luxury of the wild retirement, have been all enhanced by the progress of my improvements of my children, and of myself. I have been too happy, and often tremble in anticipation that the cloud must come at last. Warburton says that there is not a bush in his garden on which he has not hung a speculation. There is not a recess in the valleys of the Pentlands, nor an eminence on their summits, that is not familiar to my solitude. One summer I read every word of Tacitus in the sheltered crevice of a rock (called My Seat') about 800 feet above the level of the sea, with the most magnificent of scenes stretched out before me." painful history-the case of Mr. James The year 1822 was distinguished by a Stuart of Dunearn and Sir Alexander Boswell. Cockburn was one of the counsel for Mr. Stuart, and the forensic eloquence and ability displayed on that occasion excited universal admiration. He still writes of the case somewhat in the spirit of counsel for the defence: "Soon after the Beacon was put down in Edinburgh, the Sentinel, another newspaper of the same kind, and encouraged by the general countenance of the same party, was set up in Glasgow. Mr. Stuart being defamed, as he thought, in this new publication, instituted an action of damages against its editors, two persons called Alexander and Borthwick. Soon after this, Borthwick intimated that if this action was abandoned, he would make all the reparation he could, by disclosing the authors of all the attacks that had been made in this newspaper against Stuart, and by giving up the original articles. Stuart acceeded to this, and went to Glasgow for the documents, which he never "The death of so valuable a partisan as Sir Alexander Boswell though in fair duel, by the hand of James Stuart, threw the Tory party into a flame, the heat of which, I fear, reached even the department of the public prosecutor. Nobody who knew Stuart's temperament could believe that he did not mean to stand his trial. But lest there should be any doubt of it, Mr. Gibson, on Stuart's behalf, gave distinct notice to the sheriff that he would appear. Neverthecool, a statement that he had absconded from justice, under a consciousness of guilt, was put into his indictment. This was of no real importance, but it showed the feeling. It was from gaol, that he fled, not from justice. doubted, nor had any reason to doubt, Borth- | adversary sinking gently down. Sir Alexander wick's right to surrender. He dealt with him died at Balmuto in two days. Stuart came to as any slandered gentleman would with a Edinburgh, and immediately withdrew to penitent editor, who was only doing what is France. common with persons in his situation. It was afterwards pretended that Stuart had no right to receive the papers, because Borthwick had no right to give them: and that he had no right to give them, because he had stolen them. He had stolen the company property from his partner! This pretence was aided by the lord advocate indicting Borthwick for the theft. The mere fact of the partnership was an answer to this charge. No doubt there had been a conditional separation between the partners; but Alexan-less, after the original irritation had had months to der having violated one of the conditions by not paying a sum of money, had been sued before the Burgh Court of Glasgow by Borthwick for restitution of his rights; and that court had pronounced an unchallenged interlocutor, authorizing Borthwick to resume possession. He resumed it, and thus got legal access to the papers, in which his interest as a partner had never | been extinguished even by the separation. He gave them-not in property but for his temporary purpose to Mr. Stuart, who could not, without idiocy, have declined receiving them. "On examining them, he was astonished to find that the worst articles against him had been written by Sir Alexander Boswell of Auchinleck, a relation, with whom he had long been on good terms. Sir Alexander had been aware of their impropriety, for they were written in a disguised hand. Mr. Stuart having at last detected a respectable libeller, returned to Edinburgh, and waited the arrival of Sir Alexander, who was in London. As soon as Sir Alexander heard of the delivery of the papers, which contained insults on many other gentlemen, his conscience seems to have told him that he must be challenged by somebody; because, before any challenge was given, he wrote to a friend asking him to act as his second, and proposing a trip to the Rhine 'in the event of my being the successful shot.' He came to Edinburgh in a few days; when he was waited upon by the Earl of Rosslyn on behalf of Mr. Stuart. He avowed himself responsible for the article selected as the ground of the call—a song in which Stuart was called a coward; and declining to apologize, a meeting was arranged. The song | was in his handwriting; and the idle doubt attempted to be cast on this by the prosecutor at the subsequent trial was never hinted at by Sir Alexander himself. "The proceedings taken against Borthwick, on the other hand, had the effect of giving to Stuart's possession of the papers a criminal character and appearance. Borthwick was accused of theft; and being apprehended in Dundee, was brought to Edinburgh and cast into prison, where for some time access was denied to his friends and legal advisers. He was placed at the bar of the Glasgow spring circuit, 1822, but the trial was not then proceeded with; the diet was deserted pro loco et tempore, and· thus the harshness of his treatment could not regularly be exposed. His partner Alexander also came forward as his private prosecutor on a nominal variation of the same charge. The result was, that he was kept under accusation until after Stuart's trial. And at that trial, the counsel for Alexander attended-though not engaged in the case; and by rising and announcing that this and that witness, as each retired from the witness-box, would be required for Borthwick's trial on the following Monday, gave Stuart's duel an appearance of being connected with Borthwick's theft. This was repeated till the court put him to silence. "The trial of Mr. Stuart took place on the 10th of June, 1822. No Scotch trial in my time excited such interest. If the prosecutors were really anxious for a conviction, their hopes vanished long before their own case was closed. Beyond the admitted fact that Boswell had fallen by his hand, there was not a single circumstance that did not redound to Stuart's credit. His injuries, his gentleness, his firmness, his sensibility, and the necessity that he was under, "They met near Auchtertool in Fife, on the according to the existing law of society, of act22nd of March, 1822. Stuart, an awkward ing as he did, were all brought out by irresistilumbering rider, had never fired a pistol but ble evidence; while the excellence of his geneonce or twice from the back of a horse in a troopral character was proved by many witnesses, of yeomanry. He stopped at his beautiful Hillside near Aberdour, and arranged some papers, and subscribed a deed of settlement. Boswell, who was an expert shot, told his second, Mr. Douglas, that he meant to fire in the air. He fell himself, however, at the first fire. Stuart told me that he was never more thunderstruck than when, on the smoke clearing, he saw his several of whom were purposely selected from his political opponents. No verdict except the acquittal that was almost instantly given, could have followed. To try was quite right; and duelling was then, as now, an absurd and shocking remedy for private insult. But considering what the tyranny of society required, and what courts of justice had sanctioned, the earnestness with which this prosecution was pressed does appear strange. The justice-clerk, who presided at the trial, behaved admirably. Stuart was no sooner acquitted, than the pretence of accusing Borthwick of theft was dropped, and he was liberated without ever being brought to trial. "Mr. Stuart was singularly fortunate in both the seconds. Rosslyn, the model of an old military gentleman, combined the polite gallantry of that profession with activity and talent in the conduct of civil affairs, and was one of the most public-spirited and useful noblemen in Scotland. Mr. Douglas, though of modern ability, was worthy and honest. His candor in this affair, and the scorn with which, after the fatal issue, he refused to join the cry of his party against Stuart, made all gentlemen think of the jeopardy in which the survivor and truth might have stood, if Boswell had been otherwise at tended." Walter Scott as he appeared after the ca- After a kindly and feeling notice of Sir deeply marked in the pages of history." From Colburn's New Monthly. GABRIELLE D'ESTREES AND HENRI QUATRE.* I SHALL now return to Gabrielle d'Estrées. | and unable to enter Paris, he only mainAfter the meeting I have described, Don tained his ground by prodigies of valor and Juan very soon contrived to return, and the most intrepid perseverance. Should the lady, forgetful of her lover's advice, she, then, turn unkind and repulse him, received him. This was sufficient encour- when assured that his only happy moments agement for so audacious a cavalier, and an were spent in her society? The vision of intimacy sprang up between them, ending Bellegarde grew fainter and fainter; in a confession, on his part, of being the meetings became colder and more unsatisking. Gabrielle was charmed. What for- factory, he reproaching her for her unbemerly appeared bold and free in his manner coming encouragement to a libertine was now ascribed to a proper sense of his monarch, the lady defending herself by own rank, born as he was to command and declaring that her heart was her own, and to be obeyed. Their romantic introduc- that she might bestow it where she thought tion, and the disguise he had condescended proper. As yet, however, there had been to assume on that occasion, captivated her no formal rupture between them. Belleimagination almost as much as his un-garde loved the fascinating deceiver too bounded admiration of her person flattered her vanity. Henri, too, was so fit a subject for devoted loyalty at that time, when closely beset with the troops of the League, * Continued from the Eclectic of August. fondly lightly to renounce her, and she herself, as yet undecided, hesitated before resigning a man whose devotion was honorable and legitimate, and whose birth and position were brilliant, to receive the dubious addresses of a married monarch. "Vrai Dieu, belle des belles !" exclaimed he, "look down on one who desires to live and die at your feet." True, the shameful excesses of Marguerite | at my surprise, and ran away. I knew not de Valois, the queen, excused and almost why she was so anxious I should go to the exonerated the king, and also held out a balcony to see the sun set, but I had not reasonable prospect of the speedy disso- dreamt of seeing the king, who was not lution of that ill-omened marriage, con- expected, I thought for some days. tracted in the bloody days of St. Bartholomew's Massacre as a lure to the Protestants to return to court. Henri urged this circumstance with passionate eloquence, promising Gabrielle, spite of state reasons, to marry her as soon as, settled on the throne, he could find leisure legally to prove the scandalous conduct of his wife. This to a vain, beautiful, ambitious woman like Gabrielle was a telling argument. Already the king had obtained sufficient influence to persuade her to inhabit one of her father's campagnes near St. Germain, where he then was residing, in order to organize his intended attack on the capital. One of their meetings at this time, as related by the lady herself, is very characteristic. The day after the king's arrival at St. Germain (says she in her Memoirs), I was sitting embroidering a scarf, and thinking over all the difficulties of my positiondivided as I was between my regard for the excellent Bellegarde and the passion I felt each day growing stronger for the kingwhen my maid Louison came to me and begged me, as I had passed all day in the house, to take a little fresh air. "Sire" cried I "for Heaven's sake remount your horse and return to the château. You know well your enemies are prowling about in this neighborhood; besides, who knows? Bellegarde may come. Pray, I entreat you, go away directly." "Ma foi!" replied the king, "let them come-Leaguers or Spaniards, Bellegarde or the devil-what care I, if la Belle Gabrielle looks unkindly on me. "Unkind I will certainly be if your majesty does not at once remount your horse. Kneeling on the ground in that manner is too ridiculous, and I shall go away. I am no saint to be prayed to, Heaven knows. If your majesty won't remount, I go away. The horse stood by cropping the grass. The king sprang on the saddle without even touching the stirrup, and began again talking to my great annoyance, as I was exceedingly terrified by the idea of being surprised by any one, especially Bellegarde, who would have been so angry he might have forgotten himself towards his majes ty. For a moment I was quite overcome, and tears came into my eyes out of sheer vexation and terror of the consequences. "Come, madame, at least to the balcony that looks out over the terrace, where the breeze is so pleasant, and see the sun set As I lifted up my hands to wipe them over the dark blue hills behind St. Denis." away, the scarf I was embroidering slipped I out of my hand, and, borne by the wind, after fluttering for a few moments in the air, dropped on the king, who, catching hold of it, exclaimed: "No, no" said I, "leave me alone; have enough to think about; and I want to finish my scarf, or it will not be done by the time I promised Bellegarde. Besides, I do not fancy open balconies in the month of November; it is too cold." "Oh, but," replied Louison "the day has been so splendid-like summer in the forest, where I went to see the royal hunt, though the king was not there. Pray come, madame." I was no sooner on the balcony watching the last streaks of golden light indicating the spot where the sun had set, than all at once I heard a noise, and on looking down I saw just under the balcony no other than the king himself. He had jumped off his horse, which stood beside him, and had flung himself on his knees, with his hands clasped as though he were going to say his prayers. Louison burst into a loud laugh "Ventre saint gris! what have we here ?" "Oh, sire !" cried I "it is my work-it is all but finished, and now I have lost it.” "By all the rules of war, fair lady" said Henri, "what falls from the walls of a besieged city belongs to the soldier; so, by your leave, fair Gabrielle, the scarf is mine." "Oh!" replied I, "do give it me back; it is for Monsieur de Bellegarde, and he knows it; should he see your majesty with it, what will he say? He will never believe but that I gave it to you." "By the mass, it is too good for him; and I will keep it without any remorse, and cover with a thousand kisses these stitches woven by your delicate fingers." "But indeed, sire, it is promised Monsieur de Bellegarde will ask me for it." "He shall never have it, then, I promise him. Tell him that, like Penelope, you undid in the night what you worked in the day. Come, come now, Gabrielle, confess you are not in reality so much attached to Bellegarde as you pretend, and that if I can prove to you he is unworthy your preference, and inconstant into the bargain, you will promise to give me his place in your heart. Besides, his position is unworthy of your beautythere is but one ornament worthy of that snowy brow-Bellegarde cannot place it there; but I know one able and willing, when the cursed League is dispersed, to give that finishing stroke to your all-conquering charms." 66 Sire," replied I, "I must not listen to what you say. I cannot believe aught against Bellegarde, or rather, nothing but the most glaring evidence shall convince me that he is false." "Comment, ventre saint gris! you doubt my word—the word of a king? But, by the mass, fair lady, I can give you proofs, be assured." 66 Oh, sire! it is not for me to talk of proofs, or to begin reproaches. Poor Bellegarde! my heart bleeds when I think of him." I was much vexed at the king's prolonged stay, and yet feared to offend him. I knew not how to get rid of him. "Sire," said I, at length, "it is dark; return, I implore you, to the château. You will be surely seen ere long, and my reputation be for ever compromised." 66 Gabrielle, do you drive me away thus, when to leave you costs me such a pang? Heaven knows when this war will allow us again to meet! I never know from day to day but that some rebel villain of a Leaguer may not finish me at a shot, much less where or how I may be: the present is all I have." "Ah, sire, only put down that atrocious League, and we will offer up no end of thanksgivings." "Whatever comes out of those lovely lips will not fail of being heard, and as to your slave Henri, the very knowledge that such a divinity stoops to interest herself in his fate will serve as an invulnerable talisman amid every danger." "Adieu, sire; I wish you a prosperous journey wherever you go; and when you see M. de Bellegarde assure him of my love." "Ungrateful Gabrielle, thus to trifle with me. But I have proofs, vrai Dieu! I have proofs that shall cure you of this attachment." Sire, why should you seek to make me unhappy? You know that I have for years been engaged to marry Bellegarde, whom I love and respect sincerely, and that I look forward to my marriage with the utmost pleasure. Why, then, endeavor to separate us?" "Par exemple, la belle! you give me credit for being vastly magnanimous, upon my word! What then, Gabrielle, would you have me resign you without a struggle? Nay, am I expected to bring about your marriage with a rival! Voilà qui est un peu trop fort!" "Nenni, sire; I only ask you not to prevent it. Such artifice would be unworthy so generous a monarch to a faithful servant like poor Bellegarde, to whom I am”— and I could not help sighing deeply"bound in all honor. Then there is your majesty's wife-for, sire, you seem to forget that you have a wife." "Yes, as I have a crown which I am never to wear. That infernal Marguerite is keeping her state with a vengence, and forgetting, by the mass, she has a husband. The people of Usson, in Auvergne, call shame on her, and they know what she is about better than I." 66 Sire, I beg of you to speak at least with respect of Madame Marguerite de France." Ah, "Why should I not be frank with you, ma belle, at least ?" returned he. Margot-la reine Margot-à la bonne heure! I only wish she was along with her brothers, where they are dully installed, in the royal vaults at St. Denis; I should be quit of a wife altogether until I enter Paris, and then we should see we should see who would be crowned with me; certainly not Bellegarde's wife, Gabrielle, but a lady very like her. But, mignonne, I must bid you adieu. Saints et saintes, they will think I am lost at the château. Adieu, until I can next come, or write, en attendant; remember to forget Bellegarde, as you value the favor of your sovereign." And, kissing the scarf he had stolen from me, the king put spurs to his horse and galloped away. Gabrielle d'Estrées followed this perni |