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verdict, unanimously finding both a jury; nor is this court a place for the prisoners guilty.

the determination of doubtful claims The Lord Advocate having craved of civil right. Such an intricate proof that judgment be given, and no ob- would have been more competent in the jection being made, the judges on the Court of Session, where, no doubt, it bench, Lords Meadowbank, Her- would have been attempted, if likely mand, and Woodhouselee, delivered to have been successful, or if the attheir opinions seriatim, that the of- tempt hadbeen consistent with the hufence as charged and found proven, mancand judicious principles on which, did not impose upon the court the by our excellent constitution we are alnecessity of pronouncing the last waysaccustomed to see such matters sentence of the law. Lord Meadow. conducted. There is indeed, as I have bank, among other observations said, said, a certain civil interest ; but if

; “that upon reflecting on the practice there had been none, the falsehood and principles of our law, he had no alone would have been a high offence. doubt on this head. Before the 16th It is no light matter to infringe the century capital punishment for for- respectability of those great names gery was unknown ; but the common to which Scotland was much indebtlaw being found too weak, the legis- ed in the worst of times ; and those

; lature interfered, by several statutes know best what the first Viscount of which described the crime. The pu- Garnock did for his country who are nishment, however, in particular in. best acquainted with its history. To stances, was often dark; and it was usurp by falsehood and forgery the the practice, during the intimate con- representation of an ancient and renection which then subsisted between spectable family, is alone a crime of the courts and the privy council and an heinous nature ; but when to this parliament, for the former, in difficult is added the compass of contrivance cases, to ask and receive instructions and consummate skill of execution, from the latter. These cases again the length of time during which this supplied important precedents. In crime was continued, the multiplicity no instance, however, does simple vie of acts of which it consisted, and, ont tiation appear to have received a ca. the whole, the gross depravity and pital punishment. This case might criminality, and total abandonment of indeed have been capital, if it had all sense of distinction between truth been charged and proved to the ex. and falsehood, which marked the tent to which one witness swore ; conduct of the perpetrators, I

cannot but there neither is before the court, but concur with your Lordships, that nor was before the jury, any other the punishment of transportation for civil interest than that only, which fourteen years is the least which this entitled Lady Mary Lindsay Craufurd court can inflict." After which, to be heard in process of service be. sentence was pronounced, ordaining fore the sheriff. And if it had been both prisoners to be transported be. capitally laid, by alleging in the ma- yond seas for fourteen years. In de jor proposition the felonious intent livering their opinions, the whole of to obtain possession of a high digni- the judges stated in high terms the ty and great estate, with a correspond. satisfaction which they felt at perceiving narrative relating to the Viscoun- ing the unremitted attention of the ty of Garnock, and estates of Glen- Jury, and the ability and discriminat. garnock and Kilbirnie, it might not ing judgment cvinced in the verdict perhaps have been established before they returned.

Counsel

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Counsel for the crown, the Lord some seams of coal. The trap is in Advocate, Mr Solicitor-general, and some cases distinctly columnar; and William Boswell, Esq. advocate ; in many other places it shews a agent Hugh Warrender, Esq. writer tendency to this form. He observto the signet. Counsel for the pri- ed, that these circumstances might soners, John Archibald Murray, give occasion to some geologists Francis Jeffrey, Henry Cockburu, to class the trap of the Campsie and Hugh Lumsden, Esqrs. advo. district with volcanic products, of cates ; agents Mr Cameron, and Mr which however he saw no symptom. Archibald Brodic, writers.

He then pointed out that nature produces these forms both in the

moist and in the dry way, and gave Proceedings of the Wernerian Natu- examples of both. In the moist way,

ral History Society. he said that these forms are seen in A :

on the 18th January, profes- and drew his example, in this mode, sor Jameson read a paper on por

from the coast of Africa, near the phyry, in which he described.se. site of ancient Carthage ; where a veral species of transition-porphy- small lake, with a deep clay bottom ry as occurring along with grey. had been accidentally drained by the wacke, &c. in different parts of wearing down of a part of its barriScotland. He also gave a particu- er, and where the clay deposite had

lar account of a doetz-porphyry, split into vertical columns, 18 feet · which likewise occurs in Scotland, high, and from a foot and a half to and appears to belong to the old red three feet in diameter. The examsandstone formation. The profes. ple in the dry way he took from the sor conjectured that this floeiz por. island of Felicuda, one of the most phyry may be the mother stone of westerly of the Lipari islands. In che porphyritic felspar lavas which the lavas of that island which have are found in some countries, and taken the columnar forms, he menconsequently that lavas may occur tioned having seen obsidian and puin rocks of an older date than those mice which had been in flow with of the newest foetz-trap series. the lava, and are seen combined in Atthe same meeting MrW.E.Leach one of its copgealed streams. read a description of two species of shark found in the Scottish seas, il- SCOTISH REVIEW. lustrative of a proposed subdivision of the genus squalus of Linnæus. A Breefe Memorialle of the Lyfe

At the meeting on 1st February, and Death of Dr. James Spottesa communication from Lieut. Col. wood, Bishop of Clogher in IreImrie was read, containing an ac

land ; and of the Labyrinth of count of the district of country in

Troubles he fell into in that KingStirlingshire called the Campsie dom, and the Manner of the Un· Hills, illustrated by some interest

happie Accident brought such trouing geological facts observed by the bles upon him. Colonel on the coast of the Medi- . From a MS. in the Auchinleck terranean. The Campsie Hills con

Library. sist of trap rocks of great thickness; under which sandstone occurs ; and 4to. pp. 78. Constable & Co. 1811. below this, lie beds of limestones. 19 ist Kuchinlock contains one of

T well , the with slate-clay, clay ironstone, and.

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the best collections of old manu- this character seem to have been
scripts, which exist in this country. extremely successful. Our author
It was collected by the industry of says:
the late Lord Auchinleck ; and we
are happy to find, that the present “This meanwhile, the Bishoppe of
intelligent possessor is disposed no Clogher havinge but twoo children,
longer to allow its treasures to re- and bothe marriageable, a Sonne
main buried, but has begun to pre- and a Daughter. Sr James Areskin,
sent the world with curious speci- , by the Lord Balfoures advice, made
mens from it. The narrative now a motion for marrynge a Sonne of
under our notice relates to a mem- his, a Master of Art, to the Bish-
ber of a family, which made a dis- opps Daughter, uppon whome he
tinguished figure in the history of would bestowe the Lands of Agher:
Scotland, both civil and ecclesiasti- The Bishoppe, allthoughe he had
cal. But its chief interest is derived : farr better matches offered him, yet
from the very remarkable nature of he was perswaded by the Deane,
his personal history, and from the the Archdeacon, and manie other
light which it throws upon the state his countriemen, to hearken to
of Ireland during that age.

Sr James, whose estate then was James Spottiswood was born at not knowne to be at so lowe an ebb. Calder in Mid Lothian ; was son to Sr James then brought his Sonne to John Spottiswood, a leading actor the Bishopps howse, and brought in the reformation, and one of the the young Maide, by manie Golden first provincial superintendants. He promises, to a foolishe paradise. was brother to Dr. Spottiswood, There rested nothinge nowe but Archbishop of St. Andrews. Ha. Drawinge a contract, and so Solemving rendered an important service nize the Marriage, Wch Sr James to his king in the discovery of 'a' hasted, ffor he longed to finger the conspiracy formed against that mo. Bishopps moneye: . But when the narch's life, he was rewarded with Bishopps learned Councell was mett promotion in the church, and was to putt the Contract in forme; at length advanced to the see of Sr James made newe propositions, Clogher in Ireland. This elevation so unreasonable and so farr from the however, instead of securing hap- first Communing, that the Bishoppe piness to him, was only the com. brake of the meetinge, desyred his mencement of his troubles. A dead.. Daughter to estrange herselfe from ly resentment was, for some reason their companie, and requested or other, conceived against him by Sr James and his Sonne to forbeare Sir James Balfour, second son of his howse. The Lord Balfour, in-. Sir James Balfour of Pettendreich formed of these proceedings, he . and Monquhanny, in the county of thought it highe tyme to act his Fife, who being a favourite of part; so tooke occasion to speake James, had been created Lord Bal- wth the young people, assured them four, and had received a grant of they would never have the Bish. lands in Ireland. We scarce re- opps consent, who was nowe fullie member a parallel to the series of informed of Sr James Areskins his fierce and unremitting persecution, decaied estate, and his inabilitie to which this nobleman carried on a. performe what he had promised : gainst the unfortunate bishop. He He advysed them therefore to goe attacked him first under the guise on and make up the matche beof friendship, and his operations in tweene themselves, wherewth the

Bishoppe

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Bishoppe would be doubtles of. brewed. The Bishoppe replyed, fended at first; but that he was a that he had allreadve consented to Linde man, and they woulde gett annother motion made unto him by his goodwill afterward, when he Sr Stephen Butler himself for his sawe they could not be parted. It brothers daughter, a beautiful Genwas concluded by Sr James and tlewonian, and well bredd, wth bis three Sonnes, that this Coun- whome he offered Securitie for cell should be followed; So one '12001b. portion; The Lord Balfour daye when the Bishoppe had much 'replyed, that that gentlewoman had companie dyneinge wth him, and the confessed to himselt shee was handBishopps wyef was attending her fast before shee came out of Eng. only Sonne, who was periliously land, and that Sr Stephen made this sick that same tyme, theye brybed Offer onlie to hinder the match, and a Serving woman of the howse to so renue his old suite; So never bring the Bishopps Daughter to tooke rest till he made up the match the Streete, so entysed her to betweeve the Bishopps Sonne and Sr James Areskins chamber, where the Ladye Valencia her Niece. the marriage was made up by some Nowe had the Lord Balfour matchDeboysed Minister. The Bishoppe ed both the Bishopps Children, in little suspected the Lord Balfour to no good intention to hiin nor Them have any hand in this busynes, who · neither.” yet had a further fetch ; ffor, soone

Balfour however soon after shewafter seeing the Bishoppe much grie- ed himself an open enemy, and upved, he made a proiect to him der pretences, which could only have howe to defeat Sr James Areskin been advanced in the then unsettled and his Sonnes of theis evill intentions; He discoursed to the Bish- to deprive the Bishop of great part

state of the country, endeavoured oppe of Sr James Areskins povertie, of his property. Spottiswood was and his intention to make up his de- obliged to conie over to England in cayed estate by the Bishopps order to support his claim, but meanes: He perceaveth yor sonne, could scarcely maintain his ground sayd he, to be sicklie, and assureth aguinst the intriguing activity of himself to gett all you have in ende. Lalfour. About this time happened But yf you will be advysed by me, an incident, which gave a great ad(sayd be,) I will teach you howe to vantage to the latter. The following defeat them of theire purpose, and is an account of the provocation howe to strengthen yorself wth a wleich led to it. better friendshippe in this kingdome. There is, sayd he, a mayde, “ There was one Sr John Wisha niece to the Viscountess of Valen- ' ard, sometyme Lord of Pittarro in cia, both wise and virtuous, and like. Scotland, who havinge consumed to be a great match; ffor my neigh- his estate there, begged some esbour Sr Stephen Butler (sayd he) cheated Landes in the County of was offered to have 1500lb. wth her, ffermannagh, and was possessed of and greater matters in hope ; I will 24 Townes or Tates of the Bishopp fynde the waye, (sayd he,) to make of Cloghers lands, next adiacent to Śr Stephen leave of the Suite ; If the Temporall Landes, ffor wch he yor Sonne, then, can compasse the was to paye the Bishopp 36lb. per Maydes goodwill, you maie make annum. The Bishopp of Clogher up a fayre estate for yor Sonne, let sent to him manye tymes for his yor daughter drincké as“ shee hath Rent, But he did onlye defer to pay it, but returned the Bishopps Mes- of Sr John Wishards servants was senger win a disdainful, and uncivil too fforwarde to offer vyolence, Letter. The Bishopps servants com- They gave him a little knock on the inge into the knowledge of the con- head; But the verie next daye aftents of This Letter, desyred the ter came Șr John Wimbes, highe Bishop to give them leave and they Sheriff, wth 30 or 40 of Balfours . would take a distresse for his Rent; Tenaunts and servants, and did drive So, by his direction, they went to awaye all the goods about the Bishhis dwelling place at Clanteverin, opps howse, and thoughe there was and brought awaie 16 poore beastes, good suretie offered him that the Cowes and heyfers, prised at Nyne goods should be foorthcominge, and pounds. Șr John tooke this in great the Bishopp should aunsweare what snuffe, and, by Balfours advyse, could be iustlye demaunded of him, tooke out from the Sheriff of the yet the Sheriff would not render Countye a Writt of Repleven to Three fayre Stood Mares and theire fetche back the goods uppon secụ. Coltes: They were so lovelye beasts ritie. There was no formalitie kept He tooke them awaye wth' hym," in takeinge out the writt, nor in the

The Bishop having in vain atexecution thereof, and Sr John Wishard scorned to redeeme his tempted to obtain redness by fair

, goods ; the Bishopps Bailey there means, determined to seek it by a fore sold the Cattel). Balfour heareinge of these proceedings, was gladd “Some Twop Dayes after the to fynd so fytt occasion for his pur- 20 of December, The Bishopps serpose ; He sent therefore for Sr John vants went out againę, some ffyve Wishard and St John Wimbes, his in number, to take a Distresse for sonne in law, who by his meanes had Sr John Wishards Rent, who, as byn Highe Sheriff Twoo yeares To- they were passinge by the Lord Bal. gither; So perswaded the Sheriffe to fours Towne, perceaved the Lord graunt SrJohn a Writt of Withernam, Balfours stood of Mares to be pasto take as much of the Bishopps good turinge on the Bishopps land, ffor as the Bishopps servants had taken of wch Balfour refused to paie Rent: his. It was done accordinglie. So the They resolved, therefore, to goe no Bishopp being at Dublyn, called up further, so severed a parte of the for his Maties service, sixe orseaven of stood, and drove them towards InBalfours, and Sr John Wimbes, and niskilling, and were gone Deere Sr John Wishards servants came to seaven myles from the place before Portora, the Bishopps dwelling place, Sr John Wimbes & above ThreeInniskilling, and drave awaie be- score of the Lord Balfours Ten. tweene 4 & 50 English Cowes, aunts and servants overtooke them. wor the three pownds a piece, wch Sr John incensed wth the indigoitie Cowes belonged to Sr Henrye Spot- he thoughte done him so latelie, tiswood, the Bishopps sonne. SrHen- He wthout any woords, at the verie ryes servants and some of the Bish- first, thrust

thrust William Galbrieth opps servants that were left at home, through the showlder wth a pyke, informed heereof, they followed the Then twoo or three of his Compa. Cattell, and overtakinge them at nie gave him divers other woundes. the Bridge of Inniskilling, when Humphrye Galbrieth seeing his they would not shewe theire war- Brother in this case, he called to rant for taking away the Cattell, Sr John to forbeare, and he should they rescued them; and when one have all coptent, to whome Sr John

aunsweared

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