We come a little later down, and in Braxfield we are in a narrower
field, more local, more restricted, purely legal. Such as survive of the
Braxfield stories are excellent. The _locus classicus_ for the men of
that time is Lord Cockburn’s _Memorials_. Cockburn, as we have yet to
see, was himself a wit of the first water, and the anecdotes lost
nothing by the telling. Braxfield was brutal and vernacular. One of “The
Fifteen” had rambled on to little purpose, concluding,” Such is my
opinion.” “_Your_ opeenion” was Braxfield’s _sotto voce_ bitter comment,
better and briefer even than the hit of the English judge at his
brother, “what he calls his mind.” Two noted advocates (Charles Hay,
afterwards Lord Newton, was one of them) were pleading before him—they
had tarried at the wine cup the previous night, and they showed it.
Braxfield gave them but little rope. “Ye may just pack up your papers
and gang hame; the tane o’ ye’s riftin’ punch and the ither belchin’
claret” (a quaint and subtle distinction!) “and there’ll be nae guid got
out o’ ye the day.” As Lord Justice-Clerk, Braxfield was supreme
criminal judge; his maxims were thoroughgoing. “Hang a thief when he is
young, and he’ll no’ steal when he is auld.” He said of the political
reformers: “They would a’ be muckle the better o’ being hangit,” which
is probably the truer form of his alleged address to a prisoner: “Ye’re
a vera clever chiel, man, but ye wad be nane the waur o’ a hanging.”
“The mob would be the better for losing a little blood.” But his most
famous remark, or rather aside, was at the trial of the reformer
Gerrald. The prisoner had urged that the Author of Christianity himself
was a reformer. “Muckle He made o’ that,” growled Braxfield, “He was
hangit.” I suspect this was an after-dinner story, at any rate it is not
in the report; but how could it be? It is really a philosophic argument
in the form of a blasphemous jest. He had not always his own way with
the reformers. He asked Margarot if he wished a counsel to defend him.
“No, I only wish an interpreter to make me understand what your Lordship
says.” The prisoner was convicted and, as Braxfield sentenced him to
fourteen years’ transportation, he may have reflected, that he had
secured the last and most emphatic word. Margarot had defended himself
very badly, but as conviction was a practical certainty it made no
difference. Of Braxfield’s private life there are various stories, which
you can accept or not as you please, for such things you cannot prove or
disprove. His butler gave him notice, he could not stand Mrs. Macqueen’s
temper; it was almost playing up to his master. “Man, ye’ve little to
complain o’; ye may be thankfu’ ye’re no married upon her.” As we all
know, R. L. Stevenson professedly drew his Weir of Hermiston from this
original. One of the stories he tells is how Mrs. Weir praised an
incompetent cook for her Christian character, when her husband burst
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