is only declared that the using of torture, without evidence, or in ordinary crimes, is contrary to law. It requires no elaborate commentary to prove that, when there was evidence of extraordinary crimes, torture might still be lawfully used in Scotland, subsequently to the Revolution. There is at least one case in which the thumbikens were employed under the sign-manual of the new sovereign. This was the case of Neville Penn or Payne, the person to whom George Duke of Buckingham addressed his Essay on Reason and Religion. He was accused of having gone to Scotland to form a Jacobite plot, and was accordingly by virtue of the king's warrant, put to the thumbikens, but without making any disclosure. This was probably the last occasion of the use of torture in our country; but it was not till the year 1708, when the legislature of England and Scotland had become one, that the practice was theoretically abolished. An act of the British parliament, passed in that year for improving the union of the two kingdoms, was the legal deathblow of the system, by enacting, among other beneficial regulations, that no person accused of any crime in Scotland should thenceforward, under any circumstances, be liable to the torture.

ENSIGN MARTYN'S FIRST SCRAPE.

I WAS just nineteen when I saw myself gazetted to an ensigncy in Her Majesty's -th Highlanders. What a proud day that was for me! My kind, good parent, gave me carte blanche on that prince of all tailors, Buckmaster, and I hastened up to London, determined to avail myself of it to the utmost. My outfit was splendid. My epaulets would have suited a captain; my claymore was at least three inches longer, and my satin scarf six inches wider than the regulation: and I sent to Scotland for a Cairngorm brooch, as large as a saucer, to loop the

latter up with. Before I had time to shew off in my uniform, I was ordered to join the depôt of my regiment -then, alas! entombed in the depths of Ireland. With many a sigh I was obliged to relinquish dear Cheltenham in all its gaiety. One consolation, however, remained, which was the certainty that my departure would occasion the most profound grief to some half-a-dozen belles. On my arrival in Dublin, I devoted a few days to see all that was to be seen, and then started to join my depôt, which was quartered in Birr, or Parsonstown, as it is sometimes called, chiefly celebrated for a huge statue of the famous Duke of Cumberland, and a superabundance of young unmarried ladies. I was agreeably disappointed in the barracks, which are handsome and commodious. In truth, I must confess I had landed on the Green Isle with not a few of the English prejudices which are so generally entertained against Ireland. I was received with the utmost cordiality by my brother-officers, and for many weeks could not help feeling a slight degree of pride when a soldier saluted me. The well-appointed mess, too, had its charms, where all was light-hearted gaiety and badinage.

About a month after I had joined, I received by post the following letter:

'STOKWELL STREET, Glasko. July 3d, 1839.

MY DEREST LUVE-A glad and a happie woman was I to sea you had suckseded in yure endeevors to get the apointmant you have bene so long trying about. Yure own name, two, in print. Yure mother was sore overcome with the joy. But just to think you ar at last an offisher. Wel, William dere, you were in the rite, I now sea, insteed of stayin hear, drawin teeth for a sixpense, and bleedin and blisterin for sometimes naething at al. I wood have wrote to you long ago, but thot you wood like some littel time to settel down, and get things made cumfortabel for mee in baraks. Rite to mee, my dere husband, and say when I am to cum to you, for I am weerying to sea you once more; four yeres is a long time

to leeve yure wife and bairns; but as our neeybor Jenny Haivers sais, a' is for the best. Yure mother is quite wel; only her site not quite as it used to bee. No more at present, but hopping too here from you sune.-Yure luving wife, til deth, ISABELLA MARTIN.

The babby's ar wel.'

This elegant epistle, directed to Mr William Martin, Esq. -th regiment, Parsonstown, was folded in a most original manner, and closed with a red wafer, which bore the unique and humble impression of a thimble. I examined the precious morceau minutely, and was not long in determining from whom it came. 'Some more

of Lacy's confounded tricks: another of his numerous hoaxes,' I exclaimed; and I resolved to answer it in manner conforming. As nearly as I can recollect, I wrote as follows:

'ADORABLE ISABELLA Your letter has given the greatest pleasure to your too long separated husband. Come, dearest, immediately, and complete my happiness. Without thee, life even in a barrack-room-embellished as it always is with unpapered walls, two wooden chairs, one small table, and half a poker-could not be long supportable. In the midst of my brother-officers, a set of unfeeling youths, who dance, ride, fish, shoot, and smoke cigars, without a single thought of matrimony, I only sigh and think of thee-thee whose elegance and accomplishments I have never seen equalled in all my wanderings. Come, then, my angel, and never more be parted from-Your ever-affectionate husband,

WILLIAM MARTYN.

Mrs William Martin, Stockwell Street, Glasgow.'

This rhapsody I carefully consigned to the lettersergeant, being quite confident it would soon find its way back to the author of Isabella's fond effusion. At mess that evening I fancied I detected a lurking smile of intelligence pass between Lacy and Power: I kept my own counsel, however, quite pleased with having paid them off with their own coin, A few weeks elapsed,

and the angelic, deserted Isabella and her epistle had been consigned to oblivion; when, very early one morning, Duval, my Swiss valet, entered my bedroom, and with an expression of curious and unwonted meaning, announced that a lady desired to see me.

'A lady wishing to see me?' I cried-'a lady wishing to see me, and at this time in the morning? Impossible!' 'Vraiment !' exclaimed Duval, with that indescribable shrug with which foreigners contrive to convey volumes. He was evidently highly elated at the unexpected honour done me, and kept bustling about, arranging, rearranging, folding, and unfolding, every article of my toilet, appendages, and uniform.

Recovering, by an effort, my composure and breath, I desired Duval to look out my most becoming morning costume, restricting his services to last twenty minutes. [I may, by the way, remark, and every ensign in Her Majesty's service should profit by the hint, that it is invariably the best plan to allow your valet to choose your dress. For his own sake, he will take care to dress you well.] Of my four morning-gowns, he selected a rose-coloured satin one. An embroidered dove-coloured cashmere waistcoat and velvet slippers completed a costume which he deemed worthy of the occasion. Entering my sitting-room, I gave one hasty glance at a rich silk dress, blushed (remember I was but nineteen), made a profound bow, and handed the lady a chair. But instead of quietly seating herself, she rushed towards me with the energy of a dancing-bear, and the rapidity of the Falls of Niagara, and giving me a warm embrace, exclaimed: 'Dear, dear Wully!' in a tone and with an accent the vulgarity of which was unequalled. Judge of my astonishment! It was too dreadful. I extricated myself as well as I could, and sunk half fainting on the nearest chair. The idea rushed into my mind that, in my apartment, and in propria persona, there was presentshe of the well-spelt letter. It had not been a trick after all! An instant sufficed to make me fully sensible of the awkward scrape into which I had got, and at least a

portion of its consequences, including the merciless jokes to which it would necessarily subject me at mess, and the more grave regard which it might attract from my commanding-officer. I mentally execrated the rash folly of answering such a letter in such a style, and groaned to think that I was only made aware of this by experience. Eh, Wully, how very braw ye've turned sin' ye was made an offisher! but I daursay ye'll no deny that I'm weel put on mysel, and fit to be seen as your wife ony day. My freends saw to that before I cam awa, for we had mair sense than no ken that ye wad like to see me decent-like when ye introduissed me to your brother offishers and their leddies. Eh, truly, how glad I am to be here at last, and see my ain Wully again!'

Such was the address of my fair visitor as she possessed herself of my easy smoking-chair, and arranged herself in it with an air of the greatest possible freedom. Though nigh confounded with the horror of the occasion, I could not help taking a hasty glance of the being who seemed to have come on purpose to torment me, and beheld a coarse woman about thirty, overloaded with diversecoloured finery, and bearing an aspect in which vulgarity was strangely relieved by an appearance of eccentricity. She had a large face, of fair complexion, slightly marked with small-pox, no eyebrows or lips, but a profusion of wiry ringlets; and I could observe, even at that moment, that while all the rest of her clothes were of silk, she wore white woollen stockings and thick-soled shoes. She was evidently a woman of humble rank, and, I made no doubt, had actually been deserted by some sort of husband; but then I unfortunate I, William Martyn, Esquire, of Her Majesty's - -th-was not the man!

'Madam,' said I, 'this seems to be a strange mistake on your part'- But ere I could complete the sentence'Oh, nae mistak' ava,' she broke in.

How can ye

gang, Wully, to say that? Hae I no been sair eneuch tried already by your leaving me sae lang wi' the bairns, and are ye no gaun to be kind to me noo, and mak a’ odds evens??