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Updated: May 3, 2025
Lindsay declined to charge himself with any written order, which, if found on his person by an enraged mob, might have cost him his life; and the issue, of the application was, that Colonel Moyle having no written requisition from the civil authorities, and having the fate of Porteous before his eyes as an example of the severe construction put by a jury on the proceedings of military men acting on their own responsibility, declined to encounter the risk to which the Provost's verbal communication invited him.
That night the mob broke into the Tolbooth, the prison, commonly called the Heart of Midlothian, dragged the wretched Porteous from the chimney in which he had concealed himself, and carried him off to the Grassmarket, where, as the leader of the rioters, a tall man dressed in woman's clothes said he had spilled the blood of so many innocents. "Let no man hurt him," continued the speaker.
After which, in a very few minutes, he was led to the fatal tree. On seeing the rope, Porteous made remonstrances, and caught hold of the tree, but being disengaged they set him down, and as the noose was about to be put over his head, he appeared to gather fresh spirit, struggling and wrenching his head and body.
They ordered out, for protection of the execution of the sentence, the greater part of their own City Guard, under the command of Captain Porteous, a man whose name became too memorable from the melancholy circumstances of the day, and subsequent events. It may be necessary to say a word about this person, and the corps which he commanded.
Porteous might, however, have eluded the fury from which the force of authority could not protect him, had he thought of slipping on some disguise, and leaving the prison along with his guests. It is probable that the jailor might have connived at his escape, or even that in the hurry of this alarming contingency, he might not have observed it.
No peaceable persons were molested; no buildings other than the Tolbooth were broken into; the very rope which hanged the unhappy Porteous was immediately and amply paid for. No one except the central victim of the conspiracy received harm at the hands of the mob. The "respectability" of a large proportion of the mob and of those controlling its actions was afterwards vouched for in many ways.
It may indeed be shrewdly suspected that the memory of the Porteous mob, and of the part which the Hanoverian Queen and the Whig Government played in connection with it, may have had no small share in fanning the embers of Jacobite enthusiasm in Scotland in swelling the ranks of the sympathizers with King James and Prince Charles over the water, and in precipitating the insurrectionary storm which was to make memorable the name of the Forty-five.
Perhaps to the world at large the most momentous result of that wild and stormy episode is to be found in the enchanting fiction which has illuminated, with the genius of Walter Scott, the stirring scenes of the Porteous riots, and has lent an air of heroic dignity and beauty to the obscure smuggler, George Robertson.
Neither did it seem to her that his share in the death of Porteous, though her mind revolted at the idea of using violence to any one, was in the relation of a common murder, against the perpetrator of which every one is called to aid the public magistrate.
Ratcliffe, among other escapes from justice, was released by the Porteous mob when under sentence of death; and he was again under the same predicament, when the Highlanders made a similar jail-delivery in 1745. He was too sincere a whig to embrace liberation at the hands of the Jacobites, and in reward was made one of the keepers of the Tolbooth. So at least runs constant tradition.
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