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diately drew up eight horse, with him on the right, the rest, with valiant Hackston, on the left, and the foot in the middle; where they all behaved with much bravery until overpowered by a superior number. At last Hackston was taken prisoner, and Mr. Cameron was killed on the spot, and his head and hands cut off by one Murray, and taken to Edinburgh. His father being in prison for the same cause, they carried them to him, to add grief unto his former sorrow, and inquired at him, if he knew them. He took his son's hands and head, which were veiy fair, being a man of a fair complexion, with his own hair, and kissed them, and said, "I know, I know them; they are my son's, my own dear son's; it is the Lord, good is the will of the Lord, who cannot wrong me nor mine, but has made goodness and mercy to follow us all our days." After which, by order of the Council, his head was fixed upon the Nether-bow Port, and his hands heside it, with the fingers upward." —Cloud Of Witnesses.
Note 11. p. ig, 1. 163.
Or by Renwick pour'dr
"He was of stature somewhat low, of a fair complexion, and, like another young David, of a ruddy and beautiful countenance. Most men spoke well of him after he was dead; even hia murderers, as well as others, said they thought he went to heaven. Malignants generally said, he died a Presbyterian. The Viscount of Tarbet, one of the counsellors, one day in company, when speaking of him, said, "That he was one of the stiffest maintainers of his principles that ever came before them. Others we used always to cause one time or other to waver, but him we could never move. Where we left him, there we found him. We could never make him yield or vary in the least."
Note 12. p. 20. 1. 170.
TK assembled people dar'd in face of day.
"the father durst not receive his son, nor the wife her husband; the country was prohibited to harbour the fugitives, and the ports were shut against their escape by sea. When expelled from their homes, they resided in caves, among morasses and mountains, or met by stealth, or by night, for worship; but whenever the mountainmen, as they were styled, were discovered, the hue-and-cry was ordered to be raised. They were pursued, and frequently shot by the military, or sought with more insidious diligence by the spies, informers, and officers of justice; and on some occasions, it appears, that the sagacity of dogs was employed to track their footsteps, and explore their lurking retreats."—Laing's History, vol. 2.
Note 13. p. 28. 1. 298.
The party for his judge.
One most absurdly iniquitous article of our civil code, is that which confers on creditors a jurisdiction over their debtors,—a jurisdiction extending to the power of inflicting perpetual imprisonment. This power, too, is most rigorously exercised on the least culpable of the offenders. The poor mechanic who owes a few pounds for a house to shelter him, or for bread to eat,—the wreck of whose substance would be invisible in the abyss of chancery proceedings,— is left to starve, and to rot in a jail, while the great, the wholesale bankrupt, who has staked a swindled capital on the hazard table of speculation, is sent forth with a judicial diploma, authorising him to recommence the practice of his former art. If a man be a fraudulent bankrupt, let him be punished, but let him first be tried, not by a disappointed and irritated creditor, but by the tribunals before which other crimes are tried.The present state of this branch of the law offers one great incitement to dishonesty,—the certainty that innocence is not more safe than guilt. All bankrupt debtors are, or may be treated as if they were dishonest, that is, as if they refused, (for such is the idea of the law,) though able, to
It may be said, that imprisonment for debt is necessary, not as a punishment of guilt, but as a security to creditors. Now, what sort of a security is this? it plainly amounts to this,—that a debtor, by the act of incurring debt, grants a security, not only over his lands and his chattels, but his person. Ought not such a bargain to be reprobated as contrary to every principle-of justice and expediency? And what would follow if the power of giving and receiving this species of corporal security were taken away? Only this,. that in proportion to the diminution of the security, lenders and sellers would be more circumspect in giving credit. And, who will deny that a little more caution in this respect would be of