A well-disposed person offered in print an expedient for preventing the dearth of victual. He discommended the fixing of a price at market, for when this plan was tried in the last dearth, farmers brought only some inferior kind of grain to market, ‘so that the remedy was worse than the disease.’ Neither could he speak in favour of the plan of the French king—namely, the confiscating of all grain remaining after harvest—for it had not succeeded in France, and would still less suit a country where the people were accustomed to more liberty. He suggested the prohibition of exportation; the recommending possessors of grain to sell it direct to the people, instead of victual-mongers; and the use of strict means for fining all who keep more than a certain quantity in reserve. This writer thought that the corn was in reality not scarce; all that was needed was, to induce possessors of the article to believe it to be best for their interest to sell immediately.[[418]]
July 21.
There is an ancient and well-known privilege, still kept up, in connection with the palace and park of Holyroodhouse, insuring that a debtor otherwise than fraudulent, and who has not the crown for his creditor, cannot have diligence executed against him there; consequently, may live there in safety from his creditors. At this time, the privilege was taken advantage of by Patrick Haliburton, who was in debt to the extraordinary amount of nearly £3000 sterling, and who was believed to have secretly conveyed away his goods.
It being also part of the law of Scotland that diligence cannot be proceeded with on Sunday, the Abbey Lairds, as they were jocularly called, were enabled to come forth on that day and mingle in their wonted society.
It pleased Patrick Haliburton to come to town one Sunday, and call upon one of his creditors named Stewart, in order to treat with him regarding some proposed accommodation of the matters that stood between them. Mr Stewart received Patrick with apparent kindness, asked him to take supper, and so plied his hospitality as to detain him till past twelve o’clock, when, as he was leaving the house, a messenger appeared with a writ of caption, and conducted him to prison. Patrick considered himself as |1709.| trepanned, and presented a complaint to the Court of Session, endeavouring to shew that a caption, of which all the preparatory steps had been executed on the Sunday, was the same as if it had been executed on the Sunday itself; that he had been treacherously dealt with; and that he was entitled to protection under the queen’s late indemnity. The Lords repelled the latter plea, but ‘allowed trial to be taken of the time of his being apprehended, and the manner how he was detained, or if he offered to go back to the Abbey, and was enticed to stay and hindered to go out.’[[419]] The termination of the affair does not appear.
A case with somewhat similar features occurred in 1724. Mrs Dilks being a booked inmate of the Abbey sanctuary, one of her creditors formed a design of getting possession of her person. He sent a messenger-at-law, who, planting himself in a tavern within the privileged ground, but close upon its verge, sent for the lady to come and speak with him. She, obeying, could not reach the house without treading for a few paces beyond ‘the girth,’ and the messenger’s concurrents took the opportunity to lay hold of her. This, however, was too much to be borne by a fairplay-loving populace. The very female residents of the Abbey rose at the news, and, attacking the party, rescued Mrs Dilks, and bore her back in triumph within the charmed circle.[[420]]
The Rev. James Greenshields, an Irish curate, but of Scottish birth and ordination—having received this rite at the hands of the deposed Bishop of Ross in 1694—set up a meeting-house in a court near the Cross of Edinburgh, where he introduced the English liturgy, being the first time a prayer-book had been publicly presented in Scotland since the Jenny Geddes riot of July 1637. Greenshields was to be distinguished from the nonjurant Scottish Episcopalian clergy, for he had taken the oath of abjuration (disclaiming the ‘Pretender’), and he prayed formally for the queen; but he was perhaps felt to be, on this account, only the more dangerous to the Established Church. It was necessary that something should be done to save serious people from the outrage of having a modified idolatry practised so near them. The first effort consisted of a process raised by the landlord of the house against Mr Greenshields, in the Dean |1709.| of Guild’s court, on account of his having used part of the house, which he took for a dwelling, as a chapel, and for that purpose broken down certain partitions. The Dean readily ordained that the house should be restored to its former condition. Mr Greenshields having easily procured accommodation elsewhere, it became necessary to try some other method for extinguishing the nuisance. A petition to the presbytery of Edinburgh, craving their interference, was got up and signed by two or three hundred persons in a few hours. The presbytery, in obedience to their call, cited Mr Greenshields to appear before them. He declined their jurisdiction, and they discharged him from continuing to officiate, under high pains and penalties.
Sep.
Mr Greenshields having persisted, next Sunday, in reading prayers to his congregation, the magistrates, on the requirement of the presbytery, called him before them, and formally demanded that he should discontinue his functions in their city. Daniel Defoe, who could so cleverly expose the intolerance of the Church of England to the dissenters, viewed an Episcopalian martyrdom with different feelings. He tells us that Greenshields conducted himself with ‘haughtiness’ before the civic dignitaries—what his own people of course regarded as a heroic courage. He told them positively that he would not obey them; and accordingly, next Sunday, he read the service as usual in his obscure chapel. Even now, if we are to believe Defoe, the magistrates would not have committed him, if he had been modest in his recusancy; but, to their inconceivable disgust, this insolent upstart actually appeared next day at the Cross, among the gentlemen who were accustomed to assemble there as in an Exchange, and thus seemed to brave their authority! For its vindication, they were, says Defoe, ‘brought to an absolute necessity to commit him;’ and they committed him accordingly to the Tolbooth.
Here he lay till the beginning of November, when, the Court of Session sitting down, he presented a petition, setting forth the hardship of his case, seeing that there was no law forbidding any one to read the English liturgy, and he had fully qualified to the civil government by taking the necessary oaths. It was answered for the magistrates, that ‘there needs no law condemning the English service, for the introducing the Presbyterian worship explodes it as inconsistent,’ and the statute had only promised that the oath-taking should protect ministers who had been in possession of charges. ‘The generality of the |1709.| Lords,’ says Fountainhall, ‘regretted the man’s case;’[[421]] but they refused to set him at liberty, unless he would engage to ‘forbear the English service.’ Amongst his congregation there was a considerable number of English people, who had come to Edinburgh as officers of Customs and Excise. It must have bewildered them to find what was so much venerated in their own part of the island, a subject of such wrathful hatred and dread in this.