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The jury declared that nothing had been proved against him beyond the refusal to take an oath, and that, as this oath was not of any religious character, the crime imputed to the accused was beyond their jurisdiction; therefore they acquitted him. The event created the most intense excitement. Many persons in Graham's position would not have resisted an offer of conditional pardon, and this was set down to their credit as a proof of innocence; but such was the terror pervading the[171] now criminal classes in Scotland, that the whole history of the case was received as affording evidence of powers in Graham which gained him the unbounded devotion of many who witnessed or heard of the affair. He was spoken of as a man bewitched or inspired. It is certainly a noteworthy incident, if one of the accused criminals sought refuge from his judges in an oath, and that his acquittal should be awarded to him on the ground that he had an invincible aversion to take any oath but one that was a religious duty. There is an air of the marvellous in the story which leaves a startling and characteristic impression upon the mind of the reader, and serves to show how deeply rooted in Scotland was the precedent sentiment to which we have so repeatedly referred. The romantic episodes in this trial deserve close examination on account of the light they throw upon the institutions and habits of the country. The oath tendered to the accused was not an oath having reference to his own guilt or innocence—it was merely a form which, according to the custom of the magistracy, should have served as the means of eliciting from him the assurance that he had not tampered with his servant. Instead of administering a solemn appeal to his conscience, the assailant of Melvil, in inviting him to take the oath, expressly gives the crowning prominence to the idea of the action being a religious test. "Gentlemen," he said, "now that the man has [172]been torn away from your protectors and delivered into your hands, he has refused, urged though he was by his fellow-prisoners to oath-taking. This is proof of his guilt unpardonable, for according to the law of Scotland, when summoned by the judge, no accused prisoner, whether in the act of secret treason, or not knowing the imputation brought against him, ought to be obstinate and refuse the oath."There were strong reasons why this letter should be taken seriously; and it was, in fact, received at Copenhagen with great attention. The British fleet had landed the Prince of Orange in Torbay on the 5th of November, and James was evidently becoming deeply alarmed. He had begun by yielding upon trifles, and now he went rapidly on to more important concessions. Early in the month he had dismissed his obnoxious ministers, Sunderland, Godolphin, and Petre, and had replaced Sunderland by the Marquis of Halifax and Godolphin by Lord Middleton. Before the middle of the month, he had declared his determination to call a Parliament in the following February, to resume all the charters, and to restore the confiscated property of the Church. To show his sincerity still more, he agreed to the complete abolition of the despised Court of High Commission. These concessions, so sudden and so sweeping, astonished every one and cheered the heart of the nation.Earl Grey now submitted a Bill to Parliament by which the disabilities of Roman Catholics should be removed. It was a measure of simple justice and sound policy; for all that had been urged about giving power to an adverse party was made of no account by the fact that the power already existed—a power of which many minor instances of active and of passive exercise might be given, such as the powers, direct and indirect, employed to exclude Roman Catholics, in favour of Protestant Dissenters, from office and from tightened corporation charters. The fact is that the Roman Catholics were a prey to annoyance at that very time. They had been disappointed by Pitt in some hopes held out to them formerly; they were so far from any love of France, which was the lumped crime charged upon them, that events on the Continent caused a check in their hopes, lest the interference of France should prevent the adoption of this toleration intended for all. The evidence he adduced of these facts was worth none, but it mainly rested on a Review, a periodical publication of the time. The fact is, the minds of men had been too much heated to set to work with judgment in a mixed series of circumstantial tales, and that comprising interrogatory, inquest, old suit in obscurity, and effervescence in the public mind, misled on the course of justice, when the conclusion is made before the examination. It cannot be judged too severely, or too much condemned."What a risky enterprise!" muttered Gordon Bruce, as he held it towards the light.111 Lord Melville died on the 4th of May, at his seat in Edinburghshire, leaving behind him, as the fruit of his long career of office, an earldom and a baronetcy, no portion of his extensive wealth. In a worldly point of view, it was a vain career. George IV. had promised him a marquisate, which would have been well-merited; but his spendthrift son, who succeeded him, was the last man in the world who would think of redeeming such a pledge. Mr. S. Laing has given some interesting anecdotes of Lord Melville. He says that "the wish of his father Carstairs, a Presbyterian minister, to send him to the Bar, decided his destiny and that of the empire. Lord Loughborough always exhorted him to prepare himself for the highest situations in the State, and always prophesied his elevation. 'No,' was his answer; 'a lawyer may be Lord Chancellor, but he can never be Prime Minister.' But it was not in the Waldegraves he found that decisive encouragement of his ambition which led to the public posts he filled so eminently. Two anecdotes collected at Edinburgh deserve to be recollected. One Baron Clerk, of distinction in the old Court of Session at Edinburgh, and for many years one of the principal clerks of that court, left his son, a youth in whom he must have discovered some marks of a superior understanding, clerk to Henry Dundas, with whom he was connected by no very distant relationship, and who was not yet become so powerful as to afford savings in the shape of pensions to his numerous connections. Some years afterwards, when young Clerk had attended his chief on a circuit in the Western Country, and had dined in great splendour at Dumfries, but had had enough of the profession, he professed his disgust at the law, declared that he had had enough of it, and sailed the next day for the East Indies. Dundas reminded him that he would be laughed at for going to India with only a pair of colours. Clerk replied, 'I'll come back with the rank of a Nabob.' The foundations of a large fortune were thus laid in the Indian commissariat; and on his return he planted five sons in the field of election, and was long the 'king' of that county which is still famous for the interest of its election contests, and gave the constitutional title to the first commoner in the