HISTORICAL AFFAIRS.

ENGLAND. [106.]

The royal affent was given to the following bills.

To thefe, by commiffion, March 12. An act for punishing mutiny and defertion, and for the better payment of the army and their quarters.

-for the regulation of his Majesty's marine forces while on bore.

- for the better fupply of mariners and feamen, to ferve in his Majesty's ships of war, and on board merchant ships, and other trading hips and velfels.

-for making compenfation to the proprietors of certain meffuages, &c. in the Counties of Kent and Effex, purchafed in purfuance of two acts, 20° Geo. III. for fe curing his Majefty's docks, fbips, and stores, at Sheerness and Chatham, and for better defending the paffage of the river Thames at Gravefend and Tilbury fort.

-to explain and amend an act 19° Geo. III. for augmenting the militia.

- for extending the provisions of three afts made 19o & 20° Geo. III. with respect to bringing prize-goods into this kingdom, to prizes taken from the States General of the United Provinces; for declaring what goods fall be deemed military or ship ftores; for regulating the fale of, and afcertaining the duties upon, Eaft-India goods condemn ed as prize in the port of London; for permitting the purchasers of prize-goods condemned abroad, to import fuch goods into this kingdom, under the like regulations, and advantages as are granted by law to captors themselves; and for reducing the duties on foreign prize-tobacco.

-for further continuing an act 19° Geo. III. for allowing the importation of fine or ganzined Italian thrown filk, in any ships or veffels, for a limited time:

-to continue the duty of one farthing per chalder on coals, granted by an act 230 Geo. II. for the more effectual repairing and maintaining the piers and harbour of Whitby, in the county of York.

Seven road and eleven private bills; none of which relate to Scotland, except one, viz.

An act for repairing and widening the road leading from the port of Borrowftounnefs, by the west of the borough of Linlith gow, and by the towns of Torphichen, Bathgate, and Whiteburn, and from thence fouthward to the confines of the county of Linlithgow, at or near Hollhouseburn,

VOL. XLIII.

To thefe, by the King, March 22.

An act for raising a certain fum, by way of annuities and a lottery; and for confli dating certain annuities which were made one joint flock by an act 2° Geo. III. with certain annuities confolidated by feveral acts 25° & 26° Geo. II. and 5° Geo. III.

-for defraying the charge of the pay and cloathing of the militia in that part of Great Britain called England, for one year, beginning March 25. 1781.

- for appointing commiffioners for putting in execution an act of this feffion, for granting an aid to his Majefly by a landtax."

- for the encouragement of famen, and for the more speedy and effectual manning his Mijefty's navy.

Six bills concerning roads, and other matters of police, and two private bills; none of which relate to Scotland.

And to thefe, by the King, March 29, An act for repealing the discounts and abatements upon certain foreign goods, and for granting additional duties upon tobacco and fugar imported into G. Britain.

-for granting to his Majesty an additional duty upon the produce of the feveral duties under the management of the refpective com miffioners of the excife in G. Britain.

-for keeping the militia forces of this kingdom compleat, during the time therein mentioned; and for regulating the admission of fubftitutes to ferve in the militia.

Four bills concerning roads, and other matters of police, and one private bill; none of which relate to Scotland.

By an order of council, dated March 23. a former order, dated Dec. 29. 1780. [42.667.], by which all Dutch fhips em. ployed in carrying cargoes of the growth, produce, or manufacture, of any of the inlands of Grenada, the Grenadines, St Vincent, and Dominica, thould be confidered as neutral fhips going to neutral ports, for four months, is prorogued, and declared to continue for fix months from the faid 29th of December; provided that fuch fhips fhall appear to have been cleared out before the ift day of A pril next.

By another order of council of the fame date, the bounties to feamen and land men who enter voluntarily to serve in the navy, and the rewards for discovering feamen who fecrete themselves, are con tinued to the 30th of June. [42. 708.]

On the 13th of March failed from Portfmouth, with a large fleet of victuallers for Gibraltar, the grand British fleet, under

X

under the command of Vice-Adm. Darby, commander in chief, and Rear Adm3 Digby and Lockhart-Ross; confifting of two fhips of 100 guns each, four of 98, three of 90, one of 80, eleven of 74, fix of 64, one of 60, one of 38, three of 36, two of 32, one of 28, one of 14, and four firefhips. They were joined by four fhips of the line and three frigates, off Plymouth, on the 16th. They were off Scilly on the 29th.

SCOTLAND. [107]

William Renney, wright in Kilmarnock, indicted, at the inftance of John Walkinshaw-Crawford, Efq; of Crawfordland, of writing an anonymous incendiary letter, of date March 18. 1777, which had been put into the post-office of Kilmarnock, and was received by Mr Walkinshaw-Crawford upon the 22d of the fame month, having failed to fift himOn the 13th failed likewise from Ports-self at the bar of the high court of juftimouth, under the command of Com. ciary, Feb. 5. the ufual fentence of fugiJohnstone, a fleet, confifting of one fhip tation, and confifcation of his moveables, of 74 guns, one of 64, three of 50, three was pronounced against him by the of 32, one of 28, two of 16, one of 14, court. [52.] one bomb-veffel, one fire-fhip, and seven armed fhips; having under their convoy the Haftings, Queen, Chapman, Valen tine, Ofterley, Lord North, Latham, 'Effex, Afia, Hinchenbrooke, Locke, Fortitude, and Southampton Eaft-Indiamen, and a fleet of transports.

"London, March 30. The following regiments have marched for Plymouth and its environs: 50th foot, Leicesterfhire, Derbyshire, N. Gloucefter, Herefordshire, Cornwall, Eaft Devon, S. Gloucefter, Shropshire, North Devon, Somerfet, Oxford, Hertford, Carmarthen, and Lifter's Yorkshire light horse.

By a letter from Lewes in Suffex, it appears, that there were more fhipping wrecked on that coaft Jan. 26. than was ever before known in the memory of man. At Beamhide, a vessel, supposed to be a victualling-floop, was dafhed to pieces, and every person on board perifhed. Oppofite New-haven mill, a falt-veffel fhared the fame fate, and every perfon on board perished. At Cuckmere, the Sy ren frigate and Race-horfe fchooner both went to pieces; but the crews were faved. A veffel at Crow-link, and another at Berling, were wrecked; the crews moftly perifhed.-The Syren was a fine frigate, built about a year and a half a go at Newcastle upon Tyne, and was Theathed with copper. She carried 170 men, mounted 32 guns, and failed with the schooner as convoy to a small fleet from Spithead to the Downs; but most of the merchantmen perceiving their danger before the Commodore, they tacked and ftretched off. The frigate truck a bout two o'clock, and immediately fired feveral guns as fignals of diftrefs to the Racehorfe; but the wind blowing a hur ricane, they ftruck themselves between three and four in the afternoon.

On the 12th of February came on, before the high court of justiciary, the trial of James Maxton, ftocking-maker ip Creiff, James Fisher and David Campbell, his apprentices, James Fisher, fervant or apprentice to William Key weaver in Creiff, and William Rofs, day, labourer in Pittenzie, indicted, at the inftance of the King's Advocate, for having, in the evening, and under the cloud of night, of the 16th of December laft, affembled, with others their associates, in a riotous and tumultuous mob, in the village of Creiff, parifh of Creiff, and fhire of Perth, and broke into or enter. ed the dwelling-houfe of William Maclellan, meal-feller in Creiff, where they affaulted his perfon, dragged him violently out of his houfe, put him upon a cart, carried him in that manner through the ftreets of the village, and then along the public highway to the water of Earn, where they threw him into the river, with the cart above him, putting him in fear and in danger of his life. The libel was, with confent of the Solicitor-Gene ral, reftricted to an arbitrary punishment, and the ufual interlocutor on the relevancy was pronounced. On account of the non-appearance of a material wit nefs, the trial was adjourned.trial was proceeded in on the 19th; and next day the jury returned their verdict, finding, all in one voice, the libel not proven against James Maxton, and James Fisher his apprentice; but finding, alfo all in one voice, the libel proven against William Rofs, the other James Fisher, and David Campbell; and, by a plurality of voices, they recommended Fisher and Campbell to the mercy of the court, on account of their youth; to which was added in favour of Campbell an allevia-.

-The

ting

The

be computed at no more than fourteen; and therefore the verdict of a jury fo compofed, could not have the effect of producing a condemnatory sentence, but the pannel fell to be affoilzied. The objection was fupported, with great ability, by Meff. David Rae, John Maclaurin, and Andrew Crosbie, who voluntarily and humanely gave their affiftance to Meff. James Grant and Robert Hodgson Cay, the counsel appointed for the pannel by the court. Mr William Nairne spoke in answer. The judges then delivered their opinions. It was acknowledged, that the name was wrong spelled in the printed list served on the pannel: but the record of the court, and the executions returned by the proper officer, were free from any fuch error. pannel, it was admitted, had a right to object against any perfon being put upon his affize who was not in the lift ferved upon him: but that objection fhould have been made when the perfon omitted came to be fworn in as a juryman. It was now too late, when, after being asked, no objection had been made, and the jury had returned an unanimous verdict against him. If the doctrine pleaded for the pannel were liftened to, the moft dangerous confequences might enfue: The greateft criminal, for a few guineas, might evade punishment, efpecially on a circuit trial, where the service of an indictment is generally trusted to a meffenger. This perfon might, from favour, or for a bribe, furnish the prisoner with an erroneous lift of witnesses or jury: The prifoner might keep this in his pocket till the trial fhould be over; and then, if found guilty, would produce this erroneous copy with which he had found means to get himself served, and infist for an acquittal. Other dangerous confequences were pointed out. court unanimously repelled the objection; and sentenced the pannel to be hanged, in Edinburgh, on Wednesday, April 11. But before that day a refpite of execu tion arrived.

ting circumftance, he having gone into the river to affift Maclellan when they began to be apprehensive that he was in danger of being drowned. The two firft-mentioned were difmiffed from the bar, after receiving a fuitable exhortation from the Lord Juftice-Clerk. On the 23d judgement was given on the reft, fentencing Rofs to be kept in Edinburgh prifon till Wednesday, April 18. then to be delivered over by one theriff to another, till he be lodged in Perth prison, there to be kept till the firft market-day, and on that day to be publicly whipt through the ftreets of that town; then to be fet at liberty; but within twenty days after being fo whipped, to leave Scotland, and never to be found in it afterwards, on pain of being again whipped and banish ed as often as he fhall be fo found in Scot land. Fisher was fentenced to be kept in Edinburgh prifon five months, and Campbell three months, and afterwards till they find caution to keep the peace for twelve months after their liberation, under a penalty of 300 merks Scots each. On the 26th of February came on, before the fame court, the trial of James Baywater, late sailor on board the Alfred armed fhip, indicted, at the inftance of the King's Advocate, for robbing Peter Elliot, bottle-blower in Leith, of a few fhillings, a filver watch, and his hat, on the night of Saturday the 23d of December laft, about ten o'clock, on Leith walk. The relevancy was determined, the witneffes examined, and the jury charged and inclosed the same day. Next day the jury returned their verdict, all in one voice finding the pannel guilty. But the counsel for the pannel ftarting an objection to the legality of the verdict, on account of a misnomer in the lift of affize, the court delayed the confideration of it. Counsel were heard on the objection, March 2. The cafe was this: In the lift of affize fubjoined to the copy of the indictment ferved on the pannel, there was an error in the printing," John Letham," instead of "John Lothian," and Mr Lothian was one of the fifteen who compofed the jury. It was impoffible for the pannel, faid his counfel, to make objections to a juryman whofe name was not in the lift: He might be brother-uterine of the perfon robbed; and other objections equally relevant might lie against him: fo that the number of perfons who paff: ed upon the pannel's affize could legally

The

On the 19th of March failed from Leith road the Leith armed fhip, Capt. Rothe, with the convoy for Shetland [107.], ha-. ving on board ftores for the fort to be built there. Capt. Frafer, engineer in chief in Scotland, with a detachment of the train of artillery, and a number of ar. tificers, went with the convoy. They were to stop at Aberdeen to take in the troops.

Ха

CAP