London. It does not appear that he had children by either of his wives, but he had two illegitimate daughters. To one of these, named in his will as "Elizabeth Band, now an infant of the age of ten years or therabout, and remaining with Mr. Starkey at his house at Windsor," he gave his copyholds in Roehampton. To the other, whom he mentions as "Margaret Scot, being an infant about the age of four years, now remaining with one Rigden, a waterman, at his house in the parish of Fulham," he left his two freehold messuages in St. George's in the Fields, which he had lately purchased of sir Nicholas Fortescue, knight, and William Fortescue, his son: his leasehold terms in certain garden plots in that parish, held of the earl of Bedford, he bequeathed to Margaret Scot; and he directed 2001. to be laid out at interest, and paid to them severally when of age or married. He gave 107. to the poor of St. Martin's parish, 201. to the French church there, and 30l. to Gilbert Primrose, preacher at that church; and after-liberally providing for a great number of his relations, he bequeathed the residue of his estate to the provosts, bailiffs, ministers, and ordinary town-council of Edinburgh, for the time being, for and towards the founding and erecting of a hospital in the said town, and purchasing lands in perpetuity, to be employed in the main

by his executors, on the 12th of May, 1627, to the town-council of Edinburgh. He had directed a large messuage in Edinburgh, between Gray's close and Todrick's wynd, to be appropriated to the hospital; but the governois, in conjunction with Dr. Balcanquel, finding it unfit for the purpose, purchased of the citizens of Edinburgh, eight acres and a half of land near the Grass Market, in a field called the "High Riggs," and they commenced to lay the foundation of the present structure on the 1st of July, 1628, according to a plan of Inigo Jones. The stones were brought from Ravelstone, near Edinburgh; and the building was conducted by William Aytoune, an eminent mason or architect, with considerable deviations from Inigo Jones's design, in accommodation to the supervening taste of Heriot's trustees. In 1639, the progress of the work was interrupted by the troubles of the period till 1642. When it was nearly completed, in 1650, Cromwell's army occupied it as an infirmary for the sick and wounded. It remained in such possession till general Monk, in 1658, on the request of a committee of governors, removed the soldiers to the new infirmary in the Canongate, at the expense of Heriot's trustees; and on the 11th of April, 1659, the hospital being ready, thirty boys were admitted. In the following August they were increased to forty; in 1661, to fifty-two; in 1753, to one hundred and thirty; in 1763, to one hundred and forty; and in 1822, the establishment maintained one hundred and eighty.

The children of Heriot's eldest daughter, Elizabeth Band, were among the early objects who benefited by the endowment. She had married in England, but being reduced to great difficulties, resorted to Edinburgh for relief. The magistrates allowed her one thousand merks Scots annually, till her sons were admitted into their grandfather's hospital. She had 201. afterwards to support her journey to London, and a present of one thousand merks.

Heriot's hospital cost 30,000l. in the erection. The first managers purchased the barony of Broughton, a burgh of regality, about a quarter of a mile northward of the city, a property which, from local circumstances, seemed likely to rise in value. On this and other adjacent land, the "new town" of Edinburgh now

stands. The greater part of the valuable grounds from the bottom of Carlton-hill eastward, reaching to Leith, and to the east road to Edinburgh, is the property of the hospital, which will derive great additional revenue when the buildings on these lands complete the connection of Leith with Edinburgh. In 1779, Heriot's hospital possessed a real income of 18001. per annum: its annual income in 1822 was supposed to have amounted to upwards of 12,000l.

The statutes of the hospital ordain, that the boys should be taught "to read and write Scots distinctly, to cypher, and cast all manner of accounts," and "the Latin rudiments, but no further." The governors, however, have wisely gone so much "further," as to cause the boys to be instructed in Greek, mathematics, navigation, drawing, and other matters suitable to the pursuits they are likely to follow in life. The majority of the boys are apprenticed to trades in Edinburgh, with an allowance of 10l. a year for five years, amounting to an apprentice fee of 501.; and to each, who on the expiration of his servitude produces a certificate of good conduct from his master, 51. is given to purchase a suit of clothes. Those destined for the learned professions are sent to the university for four years, with an allowance of 301. annually. Six or eight are generally at college, in addition to ten bursers selected by the governors from other seminaries, who have each an annual allowance of 201.

By

George Heriot confided to his intimate friend "Mr. Walter Balcanquel, doctor in divinity and master of the Savoy," the framing and ordaining of the rules for the government of his hospital; and accordingly in 1627, Dr. Balcanquel, "after consulting with the provosts, baillies, ministers, and council of Edinburgh," compiled the statutes by which the institution continues to be governed. these it is directed that "this institution, foundation, and hospital, shall for all time to come, perpetually and unchangeably be called by the name of George Heriot his Hospital," and that "there shall be one common seal for the said hospital engraven with this device, Sigillum Hospitalis Georgii Heriot, about the circle, and in the middle the pattern of the hospital."

And because no body can be well

governed without a head, there shall be one of good respect chosen master of the hospital, who shall have power to govern all the scholars and officers ;" and therefore the governors are enjoined to have a special care, "that he be a man fearing God; of honest life and conversation; of so much learning as he be fit to teach the catechism; a man of that discretion, as he may be fit to govern and correct all that live within the house; and a man of that care and providence, that he may be fit to take the accounts of the same; a man of that worth and respect, as he may be fit to be an assessor with the governors, having a suffrage given unto him in all businesses concerning the hospital. He shall be an unmarried man, otherwise let him be altogether uncapable of being master. He shall have yearly given unto him a new gown. Within the precincts of the hospital he shall never go without his gown in the hall he shall have his diet, he and the schoolmaster, in the upper end, at a little table by themselves."

The schoolmaster, whose duties in teaching are already expressed by the quality of the learning defined to the boys, also "must be unmarried."

It is charged on the consciences of the electors, "that they choose no burgess's children, if their parents be well and sufficiently able to maintain them, since the intention of the founder is only to relieve the poor; they must not be under seven years of age complete, and they shall not stay in the hospital after they are of the age of sixteen years complete: they shall be comely and decently apparelled, as becometh, both in their linens and clothes; and their apparel shall be of sad russet cloth, doublets, breeches, and stockings or hose, and gowns of the same colour, with black hats and strings, which they shall be bound to wear during their abode in the said hospital, and no other."

Further, it is provided, that "there shall be a pair of stocks placed at the end of the hall in the hospital, in which the master shall command to be laid any officer, for any such offences as in his discretion shall seem to deserve it; and the master likewise shall have authority to lay in the same stocks any vagrant stranger of mean quality, who, within the precincts of the hospital, shall commit any such offence as may deserve it: the officer for executing the master's com. mand, in this point of justice, shall be

These extracts are rather curious than important; for it is presumed, that any who are interested in acquiring further knowledge, will consult the statutes "at large." They are set forth in "The Life of George Heriot," published at Edinburgh in 1822, from whence the preceding particulars of the hospital and its founder are derived. They especially provide for the strict religious instruction of the boys-" while in the hospital the greatest care is bestowed on them in regard to morals and health; they have certain hours allowed them daily for exercise; and their amusements generally partake of a manly character."

It may be quoted as an amusing incident in the annals of the establishment, that "a singular occurrence took place with the boys of Heriot's hospital in 1681-2, the year in which the earl of Argyle was tried, and convicted of high treason, for refusing the test oath without certain qualifications. We extract the following account of it from Lord Fountainhill's Chronological Notes of Scottish Affairs, just published: Argyle was much hated for oppressing his creditors, and neither paying his own nor father's debts, but lord Halifax told Charles II. he understood not the Scots law, but the English law would not have hanged a dog for such a crime.' Every lawyer of common sense, or ordinary conscience, will be of the same opinion. Lord Clarendon, when he heard the sentence, blessed God that he lived not in a country where there were such laws, but he ought to have said such judges. The very hospital children made a mockery of the reasoning of the crown lawyers. The boys of Heriot's hospital resolved among themselves, that the house-dog belonging

From this exceedingly rare folio paper of two pages, "Printed for the author, M. D. 1682," now before the editor of the Every-Day Book, he proceeds to extract some exponences in the case of "the dog of Heriot's hospital," by which "the reasoning of the crown lawyers," in the case of the duke of Argyle, was successfully ridiculed.

Its waggish author writes in the manner of a letter," to show you that the act, whereby all publick officers are obleadged to take the Test is rigorously put in execution; and therby many persons, baith in Kirk and State, throughout the haill Kingdome, by reasone they are not free to take the said Test, are incontinently turned out of their places."

He then relates that this severity occasioned "the loune ladds belonging to the hospittal of Hariot's Buildings in Edenbrough, to divert themselves with somewhat like the following tragi-commedy."

He proceeds to state, that they "fell intil a debate amongist themselves, whither or no, ane mastiffe Tyke, who keept the outmost gate, might not, by reasone of his office of trust, come within the compass of the act, and swa, be oblendged to take the Test, or be turned out of his place."

In conclusion, "the tyke thereupon was called, and interrogat, whither he wold take the test, or run the hazard of forfaulting his office."

Though propounded again and again, "the silly curr, boding no ill, answered all their queries with silence, whilk had been registrat as a flat refusal, had not on <f the lounes, mair bald then the rest, taken upon him to be his advooat, who

standing up, pleaded that silence might as wel be interpreted assent, as refusal, and therupon insisted that it might be tendered to him in a way maist plausible, and in a poustar maist agreeable to his stomack."

The debate lasted till all agreed "that ane printed copy should be thrumbled, of as little boulke as it could, and therafter smured over with tallow, butter, or what else might make maist tempting to his appetit: this done he readily took it, and after he had made a shift, by rowing it up and down his mouth, to separat what was pleasant to his pallat, and when all seemed to be over, on a sudden they observed somehat (ilke piece after another) droped out of his mouth, qwhilk the advocats on the other side said was the test, and that all his irksome champing and chowing of it, was only, if possible, to seperat the concomitant nutriment, and that this was mikel worse then an flat refusal, and gif it were rightly examined, would, upon Tryal, be found no less then Leising-making."

The tyke's advocate "opponed, that his enemies having the rowing of it up, might perhaps (through deadly spite) have put some crooked prin intil it; and that all the fumbling and rowing of it up and down his mouth, might be by reason of the prin, and not through any scunnering at the test itself; and that there was nought in the hail matter, that looked like Leising-making, except by interpre tation, and his adversaries allowed to be the only interpreters." Finally, he required that his client should have a fair trial before competent judges, “qwhilk was unanimously granted;" and on the trial "ther fell out warm pleading."

The advocates against the tyke set forth, "that he was ou'r malapert, to take so mikel upon him; and that the chaming and cherking of the test belonged nought to him, nor to none like him, who served only in inferior offices; that his trust and power reached nought so far, and by what he had done, he had made himself guilty of mair nor a base refusal as was libelled."

Those who defended the tyke, pleaded "that he could be guilty of nather, since he had freely taken it in his mouth, willing to have swallowed it down; and that ther was no fault in him, but in its self, that it passed not; since it fell a sqwabeling, one part of it hindering another:" that if it would "have agreed in its self