The Heart of Mid-Lothian

NOTE N.—Doomster, or Dempster, of Court.

The name of this officer is equivalent to the pronouncer of doom or sentence. In this comprehensive sense, the Judges of the Isle of Man were called Dempsters. But in Scotland the word was long restricted to the designation of an official person, whose duty it was to recite the sentence after it had been pronounced by the Court, and recorded by the clerk; on which occasion the Dempster legalised it by the words of form, "And this I pronounce for doom." For a length of years, the office, as mentioned in the text, was held in commendam with that of the executioner; for when this odious but necessary officer of justice received his appointment, he petitioned the Court of Justiciary to be received as their Dempster, which was granted as a matter of course.

The production of the executioner in open court, and in presence of the wretched criminal, had something in it hideous and disgusting to the more refined feelings of later times. But if an old tradition of the Parliament House of Edinburgh may be trusted, it was the following anecdote which occasioned the disuse of the Dempster's office.

It chanced at one time that the office of public executioner was vacant. There was occasion for some one to act as Dempster, and, considering the party who generally held the office, it is not wonderful that a locum tenens was hard to be found. At length, one Hume, who had been sentenced to transportation, for an attempt to burn his own house, was induced to consent that he would pronounce the doom on this occasion. But when brought forth to officiate, instead of repeating the doom to the criminal, Mr. Hume addressed himself to their lordships in a bitter complaint of the injustice of his own sentence. It was in vain that he was interrupted, and reminded of the purpose for which he had come hither; "I ken what ye want of me weel eneugh," said the fellow, "ye want me to be your Dempster; but I am come to be none of your Dempster, I am come to summon you, Lord T, and you, Lord E, to answer at the bar of another world for the injustice you have done me in this." In short, Hume had only made a pretext of complying with the proposal, in order to have an opportunity of reviling the Judges to their faces, or giving them, in the phrase of his country, "a sloan." He was hurried off amid the laughter of the audience, but the indecorous scene which had taken place contributed to the abolition of the office of Dempster. The sentence is now read over by the clerk of court, and the formality of pronouncing doom is altogether omitted.

[The usage of calling the Dempster into court by the ringing of a hand-bell, to repeat the sentence on a criminal, is said to have been abrogated in March 1773.]