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turb the government, they think is all that can reasonably be exacted of them.

It must be confeffed, there is lefs to be faid in juftification of those who fwallow the oaths, for no better reason than to affift their friend at an election. Yet even here, it may be thought, that fuch oath cannot be very criminal where no harm is done or intended, it being the fame to the government whether the one or the other candidate, both of them friends, be returned. This is a theme I thought well worthy of confideration. It leffens our horrorto find that our countrymen are not to criminal as we at firft imagine. If there be any weight in this apology, it ought to teach all governments to be tender in imposing oaths: if rigorous or unreasonable, they will fcarce answer the end; and their multiplicity tends to break faith and confidence among men. Balancing however ill with good, it may be a question, whether we have been great fufferers by the political oaths impofed fince the Revolution. On the one hand, there is the evil tendency we have been fpeaking of: on the other, these oaths have been ufeful in making men better fubjects. No honeft man, by whatever motive prevailed on to take the oaths, but muft confider them as fome pledge of his obedience; and it is fact, that many a one has thus been carried imperceptibly from his old friends, and become at laft a hearty friend to the prefent establishment."

Tothe author of the SCOTS MAGAZINE.

SIR,

May 1781.

THE learned, elegant, and agreeable author of the treatife intitled," Loofe Hints upon Education," &c. is certainly in a mistake, when he writes, as if permiffion were now given underhand to accept of Spanish duty for French wines imported into Scotland.

There was indeed a time when very little red wine was entered in Scotland but French claret, and very little of that paid French duty. It was then the cuftom for fhipmafters whofe fhips had been loaded with wine at Bourdeaux in France, to make oath, upon their reports at the cuftomhouses in Scotland, not that the wines in their fhips were of the growth of any particular country, but that their fhips came from fome port

in Spain, generally from Bilboa; and the merchants, of course, entered the wines as Spanish wines, not upon oath, because the law did not require that they should fwear to the growth of their wines, which was to be judged of by the difcharging officers; and in thofe days it was undoubtedly understood by them, that they should pass those wines under the denomination of Spanish, by which they had been entered.

The Scots, before the union, had been accuftomed to drink French wine, and at a very fmall duty. I cannot exactly tell what that duty was immediately before that remarkable æra; but by a Scots book of rates, printed in the year 1670, I observe, that wines of all forts paid 301. Scots money, which is only 21. 10s. Sterling per tun unfilled; whereas the duties payable in England at the time of the union, and which from that period came to be likewife payable in Scotland, were, for Spanish wine, 181. 8s. Id, and for French, 46 l. 6 s. 8d. Sterling per tun unfilled. The fmalleft of these duties, new to the Scots, was very high when compared with what they formerly paid; and as Spanish and Portugal wines were not at that time to their taste, they would needs have their favourite liquor French claret, by fome means or other; but they could not afford to pay the French duty for it, which was then reckoned in Scotland equal to a prohibition. The confequence, therefore, of putting in ftrict execution the ftipulation of the treaty of union with refpect to the duties On wines imported, must have been, that they would have drunk very little wine but what they got smuggled, and the duties on wine in Scotland would have produced but a mere trifle to the revenue.

It seems probable that the people in adminiftration, foreseeing these confequences, and perceiving that the Scots, rather than want French wine, would fubmit to pay duty, though not the proper French duty for it, judged it prudent to wink at the elufive practice before mentioned, of entering it under the denomination of Spanish wine; and thus, by means of a project which, in strict law, was fraudulent, they did a real fervice to the revenue; for confiderable quantities of wine were annually entered in Scotland, the duties of which conftituted a principal article of the revenues raifed in that country.

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The faid practice continued in Scotland till Christmas 1754, at which time an effectual ftop was put to it by an order from the commiftioners of the treafury; and a warning was given, near three months before, to the importers of wine in Scotland, to prevent their im porting any more French wine than what they intended to enter as fuch, and to pay the duty accordingly. From that time wines entered in Scotland have been charged their true and proper duties with as much strictness as in any port in England. The Scots, by that time better acquainted with and reconciled to the ufages of England than they had formerly been, fubmitted quietly to the new regulation. The red wine of Oporto came to be in Scotland, as it had long been in England, the common draught both in public houses and at gentlemens tables. Thofe whofe fortunes allow, and whofe tafte inclines, them still to use claret, may well perceive fuch a difference between its prefent price here, and the prices of Spanish and Portugal wines, as may thoroughly convince them, that French wine in Scotland now pays the French duty, although that duty is much higher than it was by law when the union firft took place.

The very refpectable author is therefore moft unluckily miftaken, in point of chronology, with refpect to the inftance he has given. An oath falfely made in a cuftomhouse could not now have, nor could for twenty fix years paft have had the effect of faving any of the proper and legal duties on wines im. ported into Scotland, whatever be the country of their growth or produce, He might indeed have faid with great juftice, that in general too little regard is paid to truth, in the matter of customhouse oaths, which are too frequent. It is not meant, by what is here faid, to con trovert the propriety with which the author makes application of the inftance he has adduced; nor do I believe the times to be fo much mended but that, on the like temptation, the fame difregard to cuftomhouse oaths would now be shown that was thown thirty or forty years aBut the intention of the preceding go. remarks is, to correct an error:in matter of fact, which, confidered as relative to national economy, is of too great importance to pafs without animadverfion.

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From Sympathy: A Poem.

life's fair morn, I knew an aged feer,
Who fad and lonely paft his joyless year;
Betray'd, heart-broken, from the world he ran,
And hunn'd, oh dite extreme, the face of man:
Humbly he rear'd his hut within the wood,
Hermit his beard, a hermit's was his food,
Nitch'd in fome corner where the gelid caves
With chilling drops the rugged rockstone laves;
Hour after hour, the melancholy fage,
Drop after drop to reckon, would engage
The ling'ring day, and trickling as they fell,
A tear went with them to the narrow well.
Then thus he moraliz'd as flow it paft,
And this, now ftreaming from the eye," said he,
"This brings me nearer Lucia than the last;
"Oh, my lov'd child, will bring me nearer thee."
When firft he roam'd, his dog with anxious care,
His wand'rings watch'd as emulous to share;
In vain the faithful brute was bid to go,
Vain fought the fage a folitary woe;
The pilgrim paus'd, th' attendant dog was near,
Slept at his feet, and caught the falling tear;
Uprofe the pilgrim, up the dog would rife,
And every way to win a master tries.
"Then be it fo. Come faithful fool," he said ;
One pat encourag'd, and they fought the shade;
An unfrequented thicket foon they found,
And both repos'd upon the leafy ground;
Mellifluous murm'rings told the fountains nigh,
Fountains, which well a pilgrim's drink fupply;
And thence, by many a labyrinth it led,
Where ev'ry tree beflow'd an evening bed;
Skill'd in the chace, the faithful creature brought
Whate'er at morn or moon-light courfe he
But fofteft pity gave the fage to all, [caught;
Nor faw unwept his dumb affociates fall.
He was, in footh, the gentleft of his kind,
And, though a hermit, had a focial mind:
"And why, faid he, muft man fubfift by prey,
Why ftop yon melting mufic on the fpray?
Why, when affail'd by hounds and hunter's cry,
Muft half the harmless race in terror fly?
Why muft we work of innocence the woe?
Still hall this bofom throb, these eyes o'erflow.
A heart too tender, here from man retires,
A heart that aches if but a wren expires."
Thus liv'd the mafter good, the fervant true,
Till to its God the mafter's spirit flew ;
Belide a fount which daily water gave,
Stooping to drink, the pilgrim found a grave;
All in the running ftream his garments spread,
And dark, damp verdure ill conceal'd his head;
Crouch'd in the water the furvivor ftood,
Sick'ning with forrow, and rejecting food,
The faithful fervant from that fatal day, {way;
Watch'd the lov'd corpfe, and piteous pin'd a-
Five nights he fill'd the foreft with his moan,
Five nights he join'd the passing spectre's groan;
At length the fereech-owl flapping boded death,
And foon the fervant yielded up his breath :
His head upon his master's cheek was found,
While the obstructed waters mourn'd around.

ODE

ODE for his Majesty's birth-day, June 4. 1781.
By William Whitehead, Efq; Poet Laureat.

Till does the rage of war prevail?
Still thirts for blood th' infatiate fpear?
Waft not, ye winds, th' invidious tale,

Nor let th' untutor'd nations hear
That paflion baffles reason's boatted reign,
And half the peopled world is civiliz'd in vain.
What are morals, what are laws,

[fame.

What religion's facred name?
Nor morals foften, nor religion awes;
Pure tho' the precepts flow, the actions are the
Revenge, and pride, and deadly hate,
And avarice, tainting deep the mind,
With all the fury fiends that wait,

As torturing plagues, on human kind,
When shown in their own native light,
In truth's clear mirror, heavenly bright,
Like real monsters rife ;

But let illufion's powerful wand
Transform, arrange the hideous band,
They cheat us in difguife:

We drefs their horrid forms in borrow'd rays,
Then call them glory, and pursue the blaze.

O blind to Nature's focial plan,

And Heaven's indulgent end! Her kinder laws knit man to man As brother and as friend.. Nature, intent alone to blefs,

Bids Strife and Discord cease;
"Her ways are ways of pleafantness,
"And all her paths are peace."
Even this aufpicious day would wear
A brighter face of joy ferene,
And not one ruffling gale of care,

Disturb the halcyon fcene;
On lighter wings would Zephyr move,
The fun with added luftre fhine,
Did peace, defcending from above,

Here fix her earthly fhrine:
Here to the monarch's fondest prayer
A juft attention yield,

And let him change the sword of war
For her protecting shield.

T

On MALICE.

HE breast in which this gloomy vice con-
fin'd,

In fecret fhews the vile ignoble mind;
The downcaft looks, and meditative ftrife,
Point out the narrow foul, and' worthless life:
The clog of all mankind - - not fit to die,
This great difturber of fociety.

Revenge, he cries-dear as the mifer's pelf!
He hopes to vex the world, and plagues him-
felf;

And he who ftrives to do the ill he can,
Is more than brutal, and is lefs than man.
But top-nor let me ftrive to paint his fhame,
But from the human race blot out his name:
So let him ftifle all his ftupid frenzy,

PARODY on the Ode of BRITANNIA, from the masque of Alfred. Occafioned by the capture of the Eaft-India fleet, Aug. 9. 1780.

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To thee pertain'd the fov'reign nod,

The poife of nations once was thine;
Till, cheer'd by thee, tho' curs'd of God,
Falle patriots fprung the fatal mine.
"Yield, Britannia, &c.
VI.

With virtue, from thy hated coaft,

The Mufe retires in juft difdain:
Curs'd ifle! in brutal pleasure lost,
And the vile thirst of fordid gain.

“Yield, Britannia, yield the main,
To faithlefs France, and haughty Spain."
EPITAPH on Mr EDWARD HEWLETT,
a Tallow-chandler, who died from over-corpu-
lency.

H

Ere lies Ned Hewlett-honest fellow,
Who died by fat and liv'd by tallow;
Ilis light before men always fhone.
His mould is underneath this ftone:
Then taking things by the right handle,
Is not this life a farthing candle?
The longeft age but a wax taper,
A torch, blown out by ev'ry vapour?
To-day 'twill burn-to-morrow blink,
And end, as mortals, in a flink.
If this be true, then honest Ned
Is a wax-light among the dead;
His fluted form ftill theds perfume,
And fcatters luftre round his tomb :
Then what is mortal life?-why-tush,

Swell like a toad, and burft bis foul with envy. This mortal life's not worth a rush.

1

HI.

dress was presented by the Viscount Stor

HISTORICAL AFFAIRS. mont, was received very graciously, and

SCOTLAND.

[The extraordinary length of the advices from Carolina has obliged us to defer several articles.]

The general affembly of the church of Scotland met, at Edinburgh, on Thurfday May 24. [42. 330.]-After a fermon from Matth. v. 14. by Dr Harry Spens, minifter at Wemyfs, Moderator of the former affembly, in the high church, the members convened in the affemblyhoufe. Dr Spens propofed Dr William Dalrymple, minister at Ayr, to be his fucceffor; and no other perfon being propofed by any of the members, he was unanimously chofen. - George Earl of Dalhousie was High Commiffioner, this the fifth time. His Grace prefented his commiffion, the King's letter to the affembly, and the warrant for payment of the 1000l. of Royal bounty.

The following offices having become vacant by the death of Mr James Edmonstone, the affembly unanimoufly ap. pointed Dr William Gloag, one of the minifters of Edinburgh, to be Sub-clerk to the affembly and the commiffions thereof, and Clerk to the committee of the Royal bounty; and Mr George Cairncrofs, writer in Edinburgh, to be Agent for the church.

A motion was made for an addrefs to the King, which was unanimously agreed to; and the committee that was appointed to prepare a draught of the answer to the King's letter, was appointed to prepare also a draught of the addrefs.

Friday, May 25. On report of a committee, the following minifters were ap. pointed to lecture and preach in the forenoon, and to preach in the afternoon, before the Commiffioner, viz. Profeffor George Hill of St Andrew's in the fore noon, and Mr George Lawrie of Loudon in the afternoon, of Sunday, May 27.; and Mr Robert Walker of Cramond in the forenoon, and Mr William Burnside of Dumfries in the afternoon, of Sunday, June 3.

Saturday, May 26. Draughts of the anfwer to the King's letter, and of the addrefs, were prefented, read, and approved of unanimoufly, fubfcribed by the Moderator, in prefence of the affembly, and at their defire the Commiffioner undertook to tranfmit them.-The ad.

appeared in the gazette of June 2. viz.

"May it please your Majefty,

dutiful fubjects, the minifters and elders WE your Majefty's moft loyal and met in the national affembly of the church of Scotland, humbly beg leave to ap. proach your throne, to exprefs our firm attachment to your person and govern. ment; and to affure you, that the fentiments which we entertain are the fentiments of the people committed by Providence to our charge.

With the moft lively joy and heartfelt fatisfaction we have beheld the increafe of your Majesty's family in your royal offspring; an event which, while it contributes to your Majefty's domeftic felicity, muft, on that account, give pleasure to all your loyal fubjects, but which, in a particular manner, muft be felt as of the utmost national importance, by encouraging us to hope for a long continuance of thofe civil and religious bleffings, which, as British fubjects and Proteftants, we have hitherto enjoyed under the government of your illuftrious house.

The tumultuous outrages which, under the mask of religious zeal, have dif turbed the peace of your Majefty's fubjects, filled us with the deepest concern; and we heard with abhorrence the name of our holy faith prostituted to encourage acts of violence, which were adverfe to its principles, and forbidden by the pre cepts of our bleffed Redeemer.

While your Majefty was engaged in a neceffary though expenfive war againft the ancient enemies of thefe realms, and against your own rebellious fubjects, in fupport of the honour, dignity, and just prerogatives of your crown, we have feen with indignation your ancient allies, who ought to have been united to your Majefty by the clofeft ties of religion, civil intereft, and gratitude, not only refufing to supply your Majefty with fuch fuccours as by treaty they were bound to give, but even affording their affiftance to your enemies, to enable them the more effectually to purfue hoftile meafures against your Majefty. joice in the fuccefs which it hath already pleased the Almighty to beftow upon your arms in chaftifing their perfidy; we indulge the hope, that this fuccefs may be a mean of opening their eyes, and of renewing the friendship which, to the

We re

mutual

mutual advantage of both nations, fo long fubfifted between Great Britain and the States of Holland: And we confide in the wisdom of your Majefty's councils, under the Divine Providence, for bringing the prefent bloody and deftructive war to a happy issue.

In the mean time, we confider it to be our peculiar duty, at this juncture, to cherish the loyalty and affection to your Majefty, and the zeal for the fuccefs of your arms, which prevails among all ranks in this part of your dominions; and to imprefs thofe over whom we have influence with a due fenfe of the bleffings they enjoy under your Majefty's government, and of thofe duties of charity and brotherly love which they owe to each other, and to their fellow Chriftians.

That the Lord of Hofts may go forth with your fleets and armies; that he may crown your arms with victory; and that your Majefty may long reign over a free, happy, and united people, is the fincere and ardent prayer of,

May it please your Majefty,
Your Majefty's moft faithful, moft o-
bedient, and moft loyal subjects,
The Minifters and Elders met in this
National Affembly of the Church of
Scotland.

Signed in our name, in our prefence,

-

and at our appointment, by WILLIAM DALRYMPLE, Moderator, Edinburgh, May 26. 1781." Tuesday, May 29. The affembly took under confideration the cafe of the parish of Terregles. The church of Terregles having become vacant by the death of the Rev. Mr John Heron, in the 1780, the Duke of Queensberry, undoubted patron of the parish, granted a prefentation to Mr John Kennedy of that bene fice. The prefentation, and a letter of acceptance from the prefentee, were laid before the prefbytery of Dumfries, who, on the ift of August, appointed a moderation of a call on the 24th of that month. Of thirteen heritors, whereof the parish confifts, seven either figned the call, or concurred, by letters, with the fettlement of the prefentee; one is not of the perfuafion of this church; four, who did not fign the call, made no oppofition to the prefentee. One heritor only, Mr Mackinnel, appeared to oppofe the fettlement. The other three, who fay they are commiffioners from forty-eight heads of families, are not heritors in the parish.

When the moderation was laid before the prefbytery on the 3d October, they did not proceed, but referred the matter to the fynod of Dumfries. The fynod, on 17th October, refused to fuftain the call to the prefentee; whereupon Mr Kennedy protefted, and appealed to the affembly; and a number of the members of fynod diffented from the sentence, and protefted for liberty to complain to the affembly. Counfel being heard, after fome reasoning, a motion was made for the following ftate of a vote, Reverse the fentence of the fynod, or Not? Another motion was made, Reverse, or Remit? A debate enfued, which of these motiens fhould be carried to a vote, when it was agreed to call the roll to know whether the first or second motion fhould be adopted. It carried for the firft; by which means Mr Kennedy is appointed to be fettled by the prefbytery with all convenient speed, agreeable to the rules of the church.

Wednesday, May 30. The affembly took into confideration the cafe of the parish of Fenwick, which came before them by petition from the patron, the Earl of Glafgow, and his curators, against a fen. tence of the fynod of Glafgow and Air. As this caufe, in its moft material cir cunftances, is fimilar to that which was before laft affembly from the fame place, and of which our readers will fee an account in our laft volume, a few particulars will fuffice. Mr Reid, the former prefentee, finding that most of the parith were exceedingly averfe to his fettlement, refigned his prefentation, notwithstanding a judgement of laft affembly in his favour. Upon this the Earl of Glasgow and his curators prefented Mr William Boyd. But unluckily this gentlemen was equally obnoxious, and of courfe met with equal oppofition. On the day appointed for the moderation, none of the parish came forward to fign the call. Afterwards letters from fome of the heritors concurring with the prefentee were produced to the prefbytery; and several elders and heads of families appeared on the oppofite fide, and gave in a paper, bearing to be the minutes of a meeting of the parish, figned by James Cuthberifon, prefes of the meeting, in name of the whole parish, impowering them to oppofe the fettlement. This paper fet forth, "That Mr Boyd can have no call or concurrence into this pa

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