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It charged Law and Macmillan with committing a riot, a crime of which there is no proper definition in the law of Scotland; but which, by the law of Eng land, it was impoffible for them to have Committed, as it cannot be perpetrated but by three or more perfons; and as Macmillan, the principal, was difmiffed by the Court, it was contrary to all law, in that cafe, to try the acceffory:-That the defenders were unjustly charged with going about unwarrantable purpofes, while it was evident the purpose of their going to Oxenford was perfectly war rantable, and perfectly legal: That every man had a right to his own wife; and that he could take her where-ever he could find her, unlefs maltreatment was al ledged; a fact in a manner admitted by the counfel for the profecution them felves, who, by deferting the diet against Macmillan, plainly confeffed that they understood him to have a right to the poffeffion of his own wife, preferable to that of Sir John Dalrymple, or any other perfon whatever: That Margaret Athie really was Macmillan's wife, was an undoubted fact; it could be proved they had been regularly married, and that the had lived with him in a houfe in Edinburgh publicly as his wife for ten days, though it was agreed betwixt them that the fhould not come home to her hufband's houfe till Sir John was provided with another houfe-keeper to fupply her place; at the fame time, fhe wrote the moft affectionate letters to Macmillan, as her husband, fome of which were produced; and Macmillan even. flept with her in Sir John's houfe in that capacity, with the knowledge of the family: That the facts libelled to have been committed, were laid in very vague and general terms. It is not alledged, that Law ftruck or wounded Sir John or his Lady. He is only accused of pushing, pulling, and dragging; facts which, if proved, would not afford fufficient ground for a public profecution. That the expreffions libelled were equally general; for inftance, it was faid, that Law damned the whole Court of Exchequer. What was this but a paffionate fally, in confequence of the harfh ufage he had met with, having been ftruck, confined, and tumbled down a ftair-cafe, with a whole family lying above him; and told, by way of confolation, that he fuffered all this from a Ba ron of Exchequer ! Was it not natural for a man, in this fituation, to fay, Damn the Court of Exchequer ! it

won't heal my broken bones.”—That the other expreffions were all of a piece with this, mere fallies of refehtment, and altogether unworthy of public notice, much more of a folemn criminal profecution-and that upon the whole the libel was incompetent and irrelevant.

The counsel on the other fide main: tained the right of the procurator-fifcal to bring the action, and infifted much upon the aggravated crimes of infulting and abufing one of the fupreme Judges of the kingdom in his own houfe.-This being the firft caufe ever tried by a jury before the fheriff, and the point of law being of confiderable importance, the Judge was pleased to order printed informations to be given in by both parties. [The matter has not been further infifted in.]

MARRIAGES.

Norwood, aged 82, to Mifs Whitely, of the Jan. 11. 1786. John George, Efq; of fame place, aged 19. Mr George had been a widower only fix weeks, and had been married to his first wife fixty years.

17 At Cadderhoufe, near Glasgow, John Stirling of Craigbarnet, Efq; to Mifs Anne Murray, fecond daughter of the deceased Sir Patrick Hepburn Murray of Blackcastle and Balmanna, Br.

18. Mr Elias Needham, of Red Lion street, aged 18, to Mrs Horton, relict of Charles Horton, Elq: aged 84.

25.

The Rev. Mr James Lyon minifter at Glammis, to Mifs Lamy, daughter of John Ramfay Lamy, Efq; of Dunkenny. BIRTHS.

Dec. 30. 1785. At Ronie, Madame Cicciaporci, daughter of Sir John Stuart, Br, and lady of the Chevalier Cicciaporci, of a daughter.

Jan. 1786. The wife of an old Chelsea penfioner refiding in the Canongate, Edinburgh, of a fon; and on Jan. 13. the entered the $6th year of her age.

21. At Edinburgh, Mrs Ferguffon, wife of Mr Neil Ferguflon, of a son.

DEATH S..

O. 13. 1785. At Glasgow, Mr William Cochran painter, a native of Strathaven in Clydesdale. Having early thown a genius in defign, he was put as an Elève to the academy of painting in the College of Glasgow, of thote eminent printers, Meff Robert and in 1754, then chiefly under the inspection Andrew Foulis. After fome time spent there, he went to Italy about the end of 1761, where he ftudied for five years, moftly at Rome, under the celebrated Mr Gavin Ha milton; fince which time he followed his profeffion in Glafgow. In portrait-painting

of

of a large fize he excelled; in miniature and other fizes he had great merit; in hiftory there are fome pièces done by him, particularly, Dedatus and Icarus, Diana and Endymion, now in Glasgow, effay-pieces done at Rome, that would do credit to any pencil. By permiffion of the Lord Provost and magiftrates, he was buried in the choir of the cathedral church, where a near marble is to be erected to his memory, with this Infeription:

In memory

of

Mr WILLIAM COCHRAN, portrait painter in Giaigow, who died October 23. 1985, aged 47 years

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The works of his pencil,
and this marble,
bear record

of an eminent artist,

and a virtuous man.

Dec. 2. In Moorfields, David Levy Solomons, a Jewish Rabbi, in his tórst year. 18. At Antigua, the Hon. Thomas Jarvis, prefident and chief judge of that ifland. 26 At London, Capt. Macintosh, of the Huffar frigate.

18. At the manfe of Golfpy, the Rev. Mr William Gun

19. Ar Kensington Palace, in the 81ft year of his age, David Middleton Efq; ferjeans furgeon to his Majelly, and furgeongeneral to the army:

31. At London, of indigestion, occafioned by eating a quantity of cold oyfters for fupper whilft he had the gout in his ftomach, Thomas Auguith, Elq. F. A. & R. S. accountant-general to the court of chancery, and one of the commissioners of public ac

counts.

Lately, at Madráfs, Lt-Col. Kennedy, commandant of the artillery on that establishment. Jan. 1786. the Rev. Mr Alexander Bryce, minifter at Kirknewton, in the ad year of his age, and 40th of his ministry.

1. At Lambeth, Mr Richard Payne, aged 91 He had been clerk in the Bank 73 years, 1. At Bristol wells, Lady Henrietta Hope, daughter of the late Earl of Hopetoun. ̧2 At Edinburgh, John Wemyfs, Efq; late Heutenant-governor of Edinburgh Castle. 2 At Edinburgh, Mrs Jean Dalyell, relict of Mr Thomas Gibfon, one of the principal clerks of Seffion.

2. At his feat at Slindon, in Suffex, James Earl of Newburgh.

3. At Edinburgh, James Buchanan, Esq; one of the commillioners of the customs.

3. At Upper Memfie, in the 77th year of her age, Elifabeth lanes, relict of William Frafer, Elq of Memfie, daughter of Sir George, and fifter to the prefent Sir James Innes of Cookstown, Bt.

3. At Liverpool, Mrs Elifabeth Curril, aged 100.

3. At Dublin, the Hon. Mrs Montgomery, filter to the late and aunt to the prefent Duke of Argyle, and relict of William Montgomery of Rofemont Efq; by whofe death the title of Earl of Mount Alexander becomes extinct, for want of male heirs.

Hamburg, Jan 3. M. Albert de Schulte, first Burgomaster of this city, in the 70th year of his age. Lond. Gaz,

4 Mr George Kippen, merchant in Glaf gow.

At Perth, William Watson, Esq; late of jamaica.

4. At Dunfermline, Mrs Jean Smith, relict of William Balfour of Halbeath, Efq;

s. At Monefs, Mrs Flemying, fpoufe to James Stewart Flemyng, Efq; of Monefs.

s. At Aberdeen, in the 78th year of his age, James Morison of Elfick, Efq; who was for fome years chief magistrate of that city. 6. At Grange, Thomas Scott, Efq; late of Stonedge.

7 At Balmorall, Alexander Farquharfon, Efq; of Inverey.

8. At London, Mrs Clayton, relict ofClayton, Efq; Her death was occafioned by her fhawl catching fire, as fhe was amusing herfelf on Christmas-day, which occafioned her being burnt in a terrible manner. She was, for the last two years, prepossessed with an idea, that the fhould be burnt; and to avoid it, the made it a rule never to fit by the fire with an apron op,

11. At Fdinburgh, Mr David Anderfon writer to the fignet.

13. At London, in his 72d year, the Rt Hon. Thomas Barret Lennard Lord Dacre. 14 At Dainhall, the youngest daughter of Lord Elibank.

15 At his house of Balmblae, Capt. Robert Carmichael of Balmblae.

18. At the Priory, near Dumow, in Effex, Mrs Chapman, aged 111 years. She was one of the female jury who was fummoned on the Flitch of Baçon given in 1951.

19. At Edinburgh, Mrs Fowlis of Ratho. 20. At Langton, on the Wolds, in Yorkfhire, aged 109, Efther Richardfon.

21. At Edinburgh, the Rt Hon. Lady Katharine Charteris.

22. At Edinburgh, Mr Alexander Hunter, late banker in that city.

23. At London, of a mortification occa fioned by cutting a corn, Daniel Garnault, Efq; of Bulls-cross, Enfield.

She

23. At Cheltenham, in Gloucestershire, Elifabeth Bowen, maiden, aged 102. lived in one family in that place upwards of 90 years.

26. At Murdefton, Mrs Crawford, widow of John Crawford of Doonfide, Efq;

As he was undreffing himself, the Rev. George Bent, vicar of Sandford, near Crediton, Devonshire. He had been married only the day before.

27. At

2 At London, advanced in years, Mr Robert Barnevelt, an eminent cheese-factor, and contractor with government He furnished government with 200 oxen every Monday, and fupplied Adm. . Bofcawen's fleet of twenty fail of the line at the beginof a war, on a very fhort notice. He was defcended from or allied to the celebrated patriots of Holland. His grandfather was apothecary to King William III and his father held the fame poft under George I. and II.

Lately, in Dalry, Ayrshire, John Mackie, farmer in Campbell, aged 103. His forefathers poffeffed the farm upwards of 300 years. His head was laid in the grave by his eldest fon, aged 70, assisted by thirteen other fons, thirty grandfons, and twenty great-grandfons.

At Beefton, Weftphalia, M. Cloofter, aged 225. He ferved as an officer in the armies of the Emperor, and the Kings of Sweden and Denmark, near 100 years.

At Newnham, near Oxford, Mr Charles

Blizard, farmer, aged 107. He was one of the most corpulent men in the county.

At Dunton Baffet, in Leicestershire, in the road year of his age, William Wilday.

PREFERMENTS.

From the Landon Gazette.

Dublin Cofle, Dec. 30 1785. Letters patent have been passed under the great feal of Ireland, granting the dignity of a Viscount of this kingdom to the Rt Hon Edmund Sexten Pery, by the name. ftyle, and title of Viscount Pery, of Newton Pery, near his Majefty's city of Limerick

Letters patent have alfo been paffed under the great feal of Ireland, appointing the Rt Hon. John Beresford, the R. Hon. John Monk Mafon, Sir Hercules Landgrifhe, Br, Robert Rofs, Efq; Gervais Parker Bufle, Efq; the Hon. Richard Hely Hutchinson, and the Hon. Richard Annifley, to be Commiffioners of his Majefty's revenue in this kingdom.

The King has been pleased, Jan. 7. 1786, to appoint George Baldwin, Efq; to be Conful-General in Egypt. 10. to grant to Joshua Goffeling jun. Efq; (upon the refignation of his father,) the office or place of fier of his Majesty's Royal Court in the ifl f Guernsey 31. to grant Richard Fitzherbert, Efq; the office of Se ant Trumpeter, in the room of Jofeph Probait, Efq; deceased. War office, Jan 7. 1786. ad troop of horse guards: Capt. John Le mon to be Major, vice John Tempest; Lieut. James Wynch to be Captain, vice John Lemon; and Cornet Edward Pyott to be Lieute nant, vice James Wynch.

34th foor: Lt-Col. Charles Haftings, from half pay of 72d, to be Lieutenant-Colonel, vice Robert Hoyes.

War-office, Jan. İş.

to

Robert Adair, Efq; to be Surgeon General to his Majefty's forces, vice David Middleton; and Surgeon John Hunter, from half pay, be Affistant Surgeon-General. From other papers.

Jan. 5. 1786 Alexander Trotter, Efq; is appointed Paymaster of the Navy, in the room of Andrew Douglas, Efq; deceased.

Mr Thompson, one of the masters in Chancery, is appointed to fucceed Mr Anguish deceafed, as Accountant-General.

Adm. Barrington is appointed LieutenantGeneral of Marines, vacant by the death of Adm. Sir Thomas Pye.

The Rev. Mr William Cameron is prefent. ed to the united parishes of Kirknewton and Eaft-Calder, vacant by the death of the Rev. Mr Alexander Bryce.

Prices of Grain at Haddington, Feb. 3. 1786.

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PRICES OF STOCKS, Jan. 12. 4 per cent. ann_1777, 881 a af. 3 per cent. conf 70 a 4 ez Div. 3 per cent red. 70 at

5 per cent. 104 ex Div.
South Sea Old Ann. 68 a
India bonds 475 a 48s prem.
New Navy, Difc.
Lottery Tickets, 141. 155.
Jan. 28.

Bank Stock 1394

3 per cent. red. 69% af a 70
3 per cent. conf 69444 ex Div.
4 per cent. conf. 881

S per Cent. 103 a 104 fex Div.
Bank Long Ann. 20 11 16ths a
Do 1778, 1779, 13 a 3-16ths
India Stock 1554
Lottery Tickets, 141. 155,

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and afterwards went to a boarding fchool, kept by Dr Stirling, at Hemel Hempstead, where he refided little more than twelve months. From thence he returned to London; and having fhewn a propensity to drawing, he was placed for a fhort time as a pupil to Mr Fournier*, a very extraordinary character, who, with great talents, feems to have poffeffed too little prudence to preferve himself from diftrefs and ridicule. While he remained with Fournier, he made a drawing, which was exhibited at the Society of Arts and Sciences, and obtained a premium, about the year 1767. With a person of Fournier's habits, it is not at all furprising that Mr Henderfon fhould not continue long. On quitting him, he went to refide with Mr Cripp, a filverfmith, a near relation, of confiderable bufinefs in St James's ftreet, with whom it was intended he fhould be connected; but the death of that gentleman put an end to this scheme; and it is believed, that from henceforward Henderson bent his attention entirely to the ftage.

In the very early part of his life, Mr Henderfon's mother put into his hands a volume of Shakespeare, which he perused fo often, and with so much delight, that he became inspired with a paffion for reprefenting on the ftage characters which be read with fo much satisfaction. His reception into the theatre met with many and very extraordinary impediments. So early as the year 1768, he got himself introduced to Mr G. Garrick, who, on hearing him rehearse, gave it as his opinion, that Mr Henderfon's voice was fo feeble, that he could not poffibly convey articulate founds to the audience of any theatre; and it cannot be denied, that there was then fome ground for the obfervation, as his friends were apprehen

• Fournier was perhaps as extraordinary a character as this age has known. In 1764 he published, in 410, the Theory and Practice of Perfpective, upon the principles of Brook Taylor, with moveable fchemes, and so plates. Some of thefe, particularly the landcapes, were etched by Mr Henderfon Four nier was fo eccentric a being, that he was perpetually changing his profeffion, and his wariations were fo numerous, that all of them could not be recollected He was, however,

zemembered to have been a painter, an engraver, a modeller in wax, a carver, a mufician, a teacher of drawing, and once both the mafter of a chandler's hop and the fel. ler of alamode beef. At the time of his death be was a button-maker.

five that he was in danger of falling into a confumptive habit.

Not difcouraged by this repulfe, he continued to pursue his favourite object, though with little profpect of fuccefs. In a few years his health became more eftablished; and having become acquainted with Mr Becket the bookfeller, he procured himself to be introduced to Mr Garrick. At this gentleman's levee he attended for a great length of time, both noticed and neglected, till at laft he grew weary of fo irkfome a ftate of dependence, and refolved to attempt, by other means, to exhibit himself before the public. Still, however, he experienced the mortification of being rejected in every offer. In 1770 he applied to Mrs Philippina Burton, a lady who was about to produce a comedy of her own writing at the Hay-market, but was not received. He offered himself to Mr Colman, who would not condefcend even to hear him; and, if we are not mifinformed, he made his first essay in public by delivering Mr Garrick's ode on the Jubilee, in a room at Illington, for the benefit of one of the inferior retainers of the theatre.

At length, after more than two years attendance, Mr Garrick was prevailed upon to hear him rehearse; but the opinion which this trial produced, was by no means favourable. The manager declared, that his voice was not fufficiently melodious or clear, nor his pronunciation articulate enough; or, to make ufe of his own terms, "that he had in his mouth too much wool or worsted, which he much abfolutely get rid of before he would be fit for Drury-Lane ftage." However, not to difcourage him entirely, he furnished him with a letter to Mr Palmer, the manager of the Bath company, who, on this recommendation, engaged him at a falary of one guinea a-week,

On his arrival at Bath he affumed the name of Courtney, and his first appearance on the stage there was on the 6th of October 1772, in the character of Hamlet. The applaufe he met with was very great. At this juncture Mr Giffard, under whofe management Mr Garrick had made his firft effay in London, was at Bath, and a fpectator of our young actor's performance. This veteran of the theatre immediately introduced himself to Mr Henderson, and was the first person who declared decidedly in his favour. He recommended him to perfevere fteadily in the profeffion he had adopted, and af

fured

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