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both claffes of witneffes, there may be perfons who would not wish to appear in Court of Justice to give evidence in any cafe, and ftill lefs in fuch a cafe as the prefent. Unfortunate as the herself may have been, fhe would not willingly put any one to unnecessary trouble, or give occafion to any degree of uncali nefs in the minds of thofe perfons.

The petition then goes on to argue on the merits of the cause itself, and contends, that the bill ought to be paffed on thefe two separate grounds, Imo, That the proceedings of the Magiftrates were irregular and illegal; ado, That the fentence pronounced against her is materially unjuit, in refpect that it is not fupported by the evidence on which it is found it was alfo contended, that the fentence of the Magiftrates greatly exceeded the conclufions of the libel, which only went the length of a fine, and that the might be ordained inftantly to remove from her house.

Very elaborate answers were given in for the Procurator-fifcal, where it was contended, That the Magiftrates of a great city must have power to proceed in a fummary way, without regard to the ordinary rules and forms of law; and that otherwife they could not preferve the public peace, or maintain a well-re gulated police. It was alfo contended, that the general conclufion of the libel, that Mifs Barns, "fhould be fined, and otherwife pur hed,' was fufficient to warrant and topport the fentence pronounced against her. And that there was in truth no teverity in the fentence; because, although banished for life from the city and liberties of Edinburgh, fhe might take up her refidence in St James's Square, Park Piace, or any other of the elegant ftreets and fquares not within the liberties of the city.

Upon advifing the caufe, one of the private complainers came forward and denied his being in the knowledge of any riot or difturbance having been in the house, and faid he had been induced to fign the complaint, which he was now forry for.

The Lords, on Tuesday Dec. 22. were pleafed to pafs the Bill, which was, in effect, giving the caufe in favour of Mifs Burns.

Dec. 22. On Friday laft the Lord Proyoft received the following letter, figned A FARMER, which he thinks it his duty to publifh, having no other mode of acknowledging it

"My Lord,

"IN my humble retreat I have heard, and with pleafure, of the various improvements which have been made in our metropolis, and are ftill going forward. That which claims a preference to all others, has been referved for your adminiftration; and I congratulate you on the appearance that your well-directed exertions promife to obtain a support equal to the approbation they merit.

I cannot pretend to emulate the opulent, who so liberally have subscribed to rebuild the University; but I am willing to beflow a little of what I can fpare, to teftify my approbation of a work fo commendable; and hope that the form in which it is offered may not prove offenfive, because it is fingular-I rather hope, that a well meant example, may lead others of my fraternity to an imitation of it,

I have heard, that the nation generally efteemed the most polished in Europe, has stript irtelf of all objects of vanity and luxury, and made offer of them for the fervice of the State. May I then, in imitation of an example fe patriotic, prefume, without offence, to prefent my mite, for promoting your noble underta king, in the frape of TWO STOTS.

In a neighbouring country, not long fince, the carcafe of a bullock was fold at 1s. per pound, every perfon being defirous to have a flice of an animat accounted of uncommon fize. Thofe now take the liberty to offer, are not poffeffed of the fame merit, but I believe they have that of being uncommonly good. As fuch, beg to recommend them to lovers of science, and in a special manner to the adepts in the fashionable fcience of eating, at the approaching feafon of feftivity.

"Wishing all fort of fuccefs and encouragement to your undertaking, profperity to the good city over which you prefide, and happine fs to yourself, I take the liberty to fubfcribe myfelf, "My Lord,

"Your Lordship's

"Molt obedient and moft "Hurable Servant, “A FARMER. P.S. The perfon who will hand you this letter, will inform your Lordship where the two animals are to be found, which will be delivered to your order."

23. Deacon Wilson, yesterday, had a very rapid fale in the Fiefhmarket, for the Two Stots given by A Farrer as his fubfcription to the New College. I hey were fon fold off, a great part of them

at

at one fhilling a pound. Such was the demand by the lovers of science for this claffical beef! The whole produce amounted to about L. 32.

line, and had fold part of his effects, to pay his debts in Brechin, and prepare for his journey.

James Watfon, who, about ten years before, had been fecurity for Laing in fome bills, and had a claim of relief againft Laing, but to what extent is not yet afcertained, determined to prevent Laing's plan; and, with that view, applied to the Sheriff of the county for what is called a meditatione fuga war·

On Tuesday afternoon a duel was fought on the beach to the eastward of Leith, betwixt Mr F. an Irish gentleman, and Mr G. an officer in the ariny. A quarrel having happened fome days ago betwixt these gentlemen, they pofled each other at the coffee-house; in con-rant to feize the perfon of Laing, and Jequence of which, a challenge enfued, and they met on Tuesday afternoon, attended by their feconds. The parties fired twice without effect; but at the third fire, Mr F. unfortunately received a ball through his heart, and almoft inftantly expired!

put him in prifon till he should find caution judicio fifli, that is, to enter appearance in any action to be brought against him by Laing; but the Sheriff refufed the warrant.

in order to defraud their creditors. Wate fon applied of new for a warrant against Laing, to Mr Mollifon, who, as Provost of Brechin, was alfo a Juftice of Peace of the county. Mr Mollifon according, ly granted a warrant, on which Laing was imprifoned, and continued in jail fome months.

By the law of Scotland, fuch warrants can only be granted against perfons who The office of Ufher of the White mean to fly from Scotland; or, accord Road to his Majefty in Scotland, belonging to the law term, from the kingdom, ed heritably to the Cockburns of Langton, and was judicially fold in 1757 to Alexander Coutts, Efq; for 6500l. After he died, his heirs refold it to the prefent Sir James Cockburn, Bart. who has, within these few weeks, again difpofed of it to Sir Archibald Campbell, Knight of the Bath, for 12,100l. Such is the eftimation of this honourable office, the falary being only 20l. and fome few perquifites. When Mr Coutts enjoyed the office, he ferved in perton, and wore as the badge of office, a gold chain, with a medal deferiptive thereof, carrying a filver road in his hand.

It is with pleasure we hear, that the hall established at London for the fale of British muflins, notwithflanding the great oppofition made to it, meets with fuccefs, beyond the most fanguine expectation of the promoters-a very great quantity of beautiful British muflins have been fold, which, for texture and fabric, excel thofe from India. This branch of bufinefs, which is now brought to fuch perfection, hids fair to be of the greatest advantage to this nation.

Laing contra Watson.

26. The following caufe, decided by the Court of Selion on Saturday laft, deferves the attention of the Public, not on ly as relating to the liberty of the fubject, but as affording a proper caution to Juftices of the Peace, and other inferior Magifirates:

Patrick Laing, tanner in Brechin, haying failed in his trade there, propofed to remove to Edinburgh, there to carry on a branch of business in an inferior

Being liberated, on an application to the Conrt of Seffion, he brought an ac tion for wrongous imprisonment, oppreffion, and for damages, againft Watfon the creditor, and Mr Mollifon the judge, who granted the warrant.

The legal defects of the warrant prin cipally complained of were, 1, That the application did not fet forth, that the debtor meant to leave Sotland; or, what is fynonimous in the Scots law language, the kingdom; but that he meant to leave the kingdom, or this part of it. And the oath of the creditor, Watfon, exprefsly bore, that Laing meant to leave this part of the country.

adly, No ground of debt was produced to the judge, and Watfon did not fo much as make oath to any exifting debt.

3dly, The warrant contained no limitation of time within which the propo fed action was to be brought.

In the proof, it appeared, that Watfon knew that Laing meant only to r move to Edinburgh.

In delivering their opinions on this queftion, the Judges of the Court of Seffion teftified a ftrong dilapprobation of the conduct, both of the creditor who applied for, and the judge who granted this warrant, and found both the Juftice of Peace and Creditor liable in chinages

and

and expences, of which they appointed a condefcendence to be given in.

And their Lordships, at the fame time, condemned this warrant as irregular in every refpect and they were unanimoufly of opinion, that, to justify an application for a mediatio fuge warrant, it must be fpecially fet forth, That the debtor intends to Ay from Scotland, in order to defraud his creditors: That a ground of debt fhould be produced; or, that the creditor fhould make oath to an exifting debt; and that he believes in his concience the debtor is to By from Scotland.

But the Court were farther of opinion, that fuch warrants are granted fub peri culo of the creditor applying; and that, if on proof it hould appear, that he fwore to his debtor's intention of flying from Scotland without a juft ground of fufpicion, he would be liable in damages; and they were of opinion, from the proof led in this cafe, that Watlon, had he fwore in explicit terms that Laing meant to leave Scotland, would have been able not only to be fued for perjury, but alfo for heavy damages.

Counsel for the purfuer, Dean of Faculty and Mr Robertfon-for the de fenders, Meff. Wight and Corbet.

Hall v. bis Creditors.

26. Thursday the Court of Seffion had under their confideration a bill of fufpention and liberation, at the inftance of Thomas Hall, who was formerly fentenced to be transported to Botany Bay, by a fentence of the Court of Jufliciary; but the fentence was remitted by his Majefty, upon condition of his tranfporting himfelt forth of Great Britain and free land for feven years, after his being libe rated from prifon. The creditors of Hall refufed to confent to his liberation, upon which he applied to the Court, ftating, that the right of the creditors to detain his perfon was merely civil, and that they could not, in coufequence of that civil right, fruftrate the fentence of a criminal court, inflicted as the punishment of a crime. "The creditors, on the other hand, contended, that the fentence of the criminal court was fufpended by his Majefty's par don, upon a certain condition; and that the words of the pardon being, that he fhould banish himself only from the date of his liberation, clearly implied a right in the creditors to detain him. It was further argued, that if he was allowed to withdraw himself from priton, and from the diligence of his cre

ditors, it would be placing aim in a better fituation than a civil debtor who had committed no crime; as any man would prefer a voluntary banishment for a limited time, to close confinement in prison. The question was new, and the Court was confiderably divided upon it.-.They therefore ordered memorials upon the point, in order to give a deliberate judgment upon it.

We hear that a Fulling or WaulkMill, on a new conftruction, a model of which was lately communicated to the Honourable Board of Truflers for the encouragement of Manufactures, has been erected by the Earl of Buchan, at Dryburgh upon Tweed.

This machine was invented by George Pringle, mill-wright at Earifton, in Ber wickshire,

With much lefs friction, and much lefs weight of water, it performs much more work in the fame time than the mills now used, and bids fair to be of great importance to the woollen manufacture.

Woollen yarn mills have been erected at Hawick and Galashiels, and notwithftanding the great obftruction to manu factures, arifing from the fcarcity of fuel, the woollen manufacture is likely to be profitably eftablifhed on the border counties of Scotland.

Dec. 28. This day came on before the High Court of Jufticiary, the trial of William Tennant and George Molyfon, alias Morifon, alias Morfon, alias Moly, indicted, at the inftance of his Majesty's Advocate, for repeated acts of theft, and of being habite and repute common thieves. The libel ftates, that on the 7th of July laft, they flole and theftuously took away, out of a cheft of drawers, in the houfe of James Fowler, change-keeper in Richmond-fireet, in the fuburbs of Edinburgh, nine guineas in gold, two filver broaches, a mourning ring, and a green worsted purfe: That next day, they went to the houfe of David Doig,. gardener in the citadel of Leith, and by forcing open the door of a prefs in the houfe, which was locked, did fteal, and theftuoufly take away from thence thirteen pounds Sterling, or thereby, in fpecie and promiffory notes iffued by banking companies, two gold rings, a pair of fils er fleeve-buttons, a green worfted purse, two harn bags or purses, a lewed purfe or bag, a green purfe, and a small black japanned box: And, That, on the

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10th day of the fame month, they broke open a cheft of drawers, which were ftanding locked in the houfe of James Glennie, fawer and change-keeper in the Vennel of Fisher-rew, in the parish of Inverefk, and county of Edinburgh, and ftole from thence thirty-one fhillings Sterling; which laft theft being immediately difcovered, they were both inftantly followed and apprehended.

Upon the libel being read over to them, and they being defired to fay, Whether they were guilty or not guilty? Tennant pled Not guilty, and Mollifon pled Guil19. Lord Henderland, who was chofen by their Lordships to prefide in room of the Lord Juftice Clerk, who was abfent, defired to know of Mollifon if he meant to plead guilty to all the charges in the indiament; and he having anfwered in the affirmative, his Lordship obferved, that if the profecutor meant to infift upon the article in the indictment, charg ing Mollifon with being habite and repute a thief, he must lead a proof of it, as the pannel's acknowledgment would not be fufficient to establish that fact. The Lord Advocate, to prevent going into proof upon this article, reftricted the libel against Mollifon as to the habite and repute.

Their Lordfhips pronounced the ufual Interlocutor, finding the libel relevant to infer the pains of law. The Jury were then chofen; after which Lord Henderland again addreffed Mollifon, and asked him if he ftill perfifted in pleading guilty? He wished to inform him, that his doing fo would have no effect in procuring mercy to him, confidering the enormity of the crimes with which he flood char ged, and that it was not yet too late for him to ftand upon his defence; for tho* he had pled guilty before the Court, now that the Jury were impannelled, he might retract what he had formerly admitted; but, if he fill peruited, he furnished the Jury, with the beft proof poffible of his guilt, that of his own judicial confeflion. To put it in his power therefore, fill to avail himself of every plea that could be urged in his favour, his Lordship ordered the three articles above mentioned to be again read over to him one by one, to each of which he answered he was guilty art and part; and an acknowledgment to that effect was fubfcribed by him, to be left to the confideration of the Jury.

The Jury, on the 29th, returned their verdict all in one voice finding both the pannels Guilty; and on the 31ft Lord Hailes pronounced fentence of death up

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Prince Schwarzerburg, one of the richelt fubjects in the Emperor's dominions, who was juft beginning the im menle undertaking of uniting the river Muldard with the Danube, at his own expence.

Major Gen. W. J. H. Hamilton of Silverton Hill, in the fervice of the States General.

At Marfham, Berkshire, 'about 80 years of age, John Elwes, Efq; fuppoft & to have died oue of the richest Common ers in England, he ferved for Berkshire in the two laft parliaments.

In Dublin, Sir Thomas Bell, M. D. whole eminence in his profeilion ren ders his death a lofs to the public.

Arch-duchefs Maria Anne, eldest fifter to the Emperor, unmarried.

In Monmouthshire, of over fatigue, having walked fix miles on the day he died, John Howell, aged 109.

At the Hague, the widow of the late John Hope, Efq; of Amfterdam.

The Hon. Mrs Murray of Ayton, fifter to Lord Banff.

Major Gen. Martin of the marines, aged 74.

At Bologna, the Duchefs of Albany. natural daughter of the late Pretender.

At Paris, Vernet, the celebrated Sea Painter.

The Hon. Mrs Keith Elphinstone: George Falconier, Efq; of Carlowrie, and a director of the Bank of Scotland. Mrs Buchan, spouse of the City Chamberlain.

Dr John Morgan, Profeffor of Medicine at Philadelphia, Fellow of the Royal College of Phyficians at Edinburgh, and member of many Literary Societies both in Europe and America.

The widow of the deceased Sir William Forbes, Bart. of Monymusk, aged 85 years.

Mrs Houfton of Jordan Hill, by a fall from her phaeton.

In an advanced age, Rear Admiral Varlo.

The Right Hon. James Ruthven, Lord Ruthven of Freeland. His Lordship married, in 1776, Lady Mary Lefley, daughter of the Right Hon. the Earl of Leven, and has left a numerous family. He fucceeded his father in 1783, who had been twice married, firit to Mifs Janet Nifbet of Dirleton, who was mother of the late Lord; next to Lady Anne Steuart, fifter to the Earl of Bute, by whom he had several children.

On Tuefday the 22 ¦ December, a duel was fought in the neighbourhood of Edinburgh, in which Mr Francis Foulke of Dublin, who was profecuting the ftudy of Medicine at this Univerfity, unhappily loft his life. This gentleman was unis verfally refpected by thofe who knew him beft, his fellow ftudents. He was If year unanimoufly elected one of the Pfidents of the Natural Hiftory Society, and lately attained the fame hunour in the Royal Medical Society of Edinburgh. His behaviour was always gentlemanly and engaging; he had a generous opennefs in his nature, that gained him elteem and affection, and he was warm and fincere in his friendship. He had a tafe for claffical learning and phiJofophy; but he was particularly atten tive to thofe ftudies which his purfuits and future profpecs required. His talents, though not brilliant, were folid, and promised to make him, one day, a respectable and a valuable member of foeiety. But the hopes of his friends have been bla by an event origin.ting in the cafualty of a nocturnal squable. Promotions.

The king has been pleafed to appoint

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the Right Hon. Lord Auckland Auba fador Extraordinary to the States General, in room of the Right Hon. Alleyne Fitzherbert, who is gone on the fame character to the Court of Spain.

Lord Henry Spencer, Secretary of Embafly to their ign Mightneffes.

Michael Ghilini, Etq; is appointed his Majefty's Conful at Cagliarie, in room' of Clemont Richardfon, Efq, deceafed.

The dignity of a Baronet is granted to Francis Buller, one of the Juftices of the Court of King's Bench.

Sir John Laforey, Bart. is promoted to be Rear Admiral of the White, taking rank next after Sir Charles Middleton, Bart.

Mr Tenent of Sorn has prefented Mr Geo. Gordon, probationer, to be Mini fter of Sorn, in the County of Air.

The fion. John Hope is appointed a Captain in the 17th Regt. of Dragoons.

Major Richard Wilford, from the 6th Regt. of Dragoon Guards, is ap pointed Lieut. Col. of the 8th Regt. of Dragoons, vice. Col. St George, refign

ed.

The three following Irish Barons, viz. Lords Balmore, Conyngham, an! Loftus, are advanced to the dignity of Viscounts in Ireland, by the same title.

The Town Council of the city of Edinburgh, have prefented the Rev. Mr James Finlayfon, Minifter of Borthwick, and Professor of Logic in this University, to be Minifter of Lady Yefter's Church, in room of the Rev. Mr Geo. Baird, of Dunk who had declined to accept of a prefentation granted him fome week sago. Dr James Gregory, to be Professor of Practice of Phyfic, in room of Dr Cullen, refigned.

Dr Duncan, Profeffor of the Theory of Phyfic, in room of Dr Gregory.

The University of Glafgow have conferred the degree of D D. on the Rev. Mr Samuel Charters at Wilton, and the Rev. Mrs James Bell at Coldstream.

The King has prefented the Rev. Mr John Gowans to the Church of Lunan, and the Rev. Mr Jomes Donald, to the Church of Glenifla, both in the county of Forfar.

Thomas M'Donoch, Efq; is appointed British Conful, in the provinces of New England, and

John Hamilton in Virginia.

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