on, that, if Porteous had fired
five minutes sooner, before Wilson was cut down, he would have been
_versans in licito;_ engaged, that is, in a lawful act, and only liable
to be punished _propter excessum,_ or for lack of discretion, which might
have mitigated the punishment to _poena ordinaria._

"Discretion!" echoed Mrs. Howden, on whom, it may well be supposed, the
fineness of this distinction was entirely thrown away,--"whan had Jock
Porteous either grace, discretion, or gude manners?--I mind when his
father"

"But, Mrs. Howden," said Saddletree--

"And I," said Miss Damahoy, "mind when his mother"

"Miss Damahoy," entreated the interrupted orator

"And I," said Plumdamas, "mind when his wife"

"Mr. Plumdamas--Mrs. Howden--Miss Damahoy," again implored the
orator,--"Mind the distinction, as Counsellor Crossmyloof says--'I,'
says he, 'take a distinction.' Now, the body of the criminal being cut
down, and the execution ended, Porteous was no longer official; the act
which he came to protect and guard, being done and ended, he was no
better than _cuivis ex populo._"

"_Quivis--quivis,_ Mr. Saddletree, craving your pardon," said (with a
prolonged emphasis on the first syllable) Mr. Butler, the
deputy-schoolmaster of a parish near Edinburgh, who at that moment came
up behind them as the false Latin was uttered.

"What signifies interrupting me, Mr. Butler?--but I am glad to see ye
notwithstanding--I speak after Counsellor Crossmyloof, and he said
_cuivis._"

"If Counsellor Crossmyloof used the dative for the nominative, I would
have crossed his loof with a tight leathern strap, Mr. Saddletree; there
is not a boy on the booby form but should have been scourged for such a
solecism in grammar."

"I speak Latin like a lawyer, Mr. Butler, and not like a schoolmaster,"
retorted Saddletree.

"Scarce like a schoolboy, I think," rejoined Butler.

"It matters little," said Bartoline; "all I mean to say is, that Porteous
has become liable to the _poena extra ordinem,_ or capital
punishment--which is to say, in plain Scotch, the gallows--simply
because he did not fire when he was in office, but waited till the body
was cut down, the execution whilk he had in charge to guard implemented,
and he himself exonered of the public trust imposed on him."

"But, Mr. Saddletree," said Plumdamas, "do ye really think John
Porteous's case wad hae been better if he had begun firing before ony
stanes were flung at a'?"

"Indeed