The Case of Captain Green

'Play on Captain Green's wuddie,'[29] said the caddy on Leith Links; and his employer struck his ball in the direction of the Captain's gibbet on the sands. Mr. Duncan Forbes of Culloden sighed, and, taking off his hat, bowed in the direction of the unhappy mariner's monument.

One can imagine this little scene repeating itself many a time, long after Captain Thomas Green, his mate, John Madder or Mather, and another of his crew were taken to the sands at Leith on the second Wednesday in April 1705, being April 11, and there hanged within the floodmark upon a gibbet till they were dead. Mr. Forbes of Culloden, later President of the Court of Session, and, far more than the butcher Cumberland, the victor over the rising of 1745, believed in the innocence of Captain Green, wore mourning for him, attended the funeral at the risk of his own life, and, when the Porteous Riot was discussed in Parliament, rose in his place and attested his conviction that the captain was wrongfully done to death.

[Footnote 29: Gibbet.]

Green, like his namesake in the Popish Plot, was condemned for a crime of which he was probably innocent. Nay more, he died for a crime which was not proved to have been committed, though it really may have been committed by persons with whom Green had no connection, while Green may have been guilty of other misdeeds as bad as that for which he was hanged. Like the other Green, executed for the murder of Sir Edmund Berry Godfrey during the Popish Plot, the captain was the victim of a fit of madness in a nation, that nation being the Scottish. The cause of their fury was not religion--the fever of the Covenant had passed away--but commerce.

'Twere long to tell and sad to trace the origin of the Caledonian frenzy. In 1695 the Scottish Parliament had passed, with the royal assent, an Act granting a patent to a Scottish company dealing with Africa, the Indies, and, incidentally, with the globe at large. The Act committed the occupant of the Scottish throne, William of Orange, to backing the company if attacked by alien power. But it was unlucky that England was then an alien power, and that the Scots Act infringed the patent of the much older English East India Company. Englishmen dared not take shares, finally, in the venture of the Scots; and when the English Board of Trade found out, in 1697, the real purpose of the Scottish company--namely, to set up a factory in Darien and anticipate the advantages dreamed of by France in the case of M. de Lesseps's Panama Canal--'a strange thing happened.' The celebrated philosopher, Mr. John Locke, and the other members of a committee of the English Board of Trade, advised the English Government to plagiarise the Scottish project, and seize the section of the Isthmus of Panama on which the Scots meant to settle. This was not done; but the Dutch Usurper, far from backing the Scots company, bade his colonies hold no sort of intercourse with them. The Scots were