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withess was shown a number of deeds and papers which he identified as having been wholly, or in part written by himself, in conjunction with Bradley. Witness afterwards came to Scotland, and saw Craufurd at Kil birnie; Craufurd had some high words with Bradley, which witness spoke to him about when they were walk ing together, and said he wondered he could talk to Bradley so, knowing the state of his papers. Craufurd answered that he only did so before faces, but that he had a great deal to do to get Bradley to keep matters private from his servant maid. He went to Paisley and Glasgow with Craufurd; parted with Craufurd at Glasgow, and told him he intended going to Ireland; did not see him again, till he met him in Mr Steele's W. S. Edinburgh. Witness was taken into custody upon a warrant, as he understood, at the instance of Mr Hunter, Left a bundle containing papers with Corporal Suttor, which was not to be delivered to any person, , except himself or Lord Craufurd, the prisoner. The papers produced were not all he left, some having been abstracted from the bundle.

On his cross examination, the witness admitted that he had written a lettes to Lady Mary Lindsay, inform, ing her of the forgeries, and that he came over to Scotland partly from a wish to do justice to her for the injury he had committed; all he ever asked for was compensation for his expenses; be received twenty guineas from Lady Mary's agent, and two guineas which he remitted to his wife,, also about 41. which he returned after being taken prisoner.

A number of other witnesses were then examined on the part of the prosecution; but without any material addition to the above facts. On February 1812.

the part of the pannel, the principal evidence was the following.

Rev. Solomon Brown knew Fanning since ever he knew any thing; Fanning taught him writing. An agreement on oath between Fullarton Craufurd, Fanning and Bradley, to force John Lindsay Craufurd to give them money, or otherwise they would not produce any of the papers, and binding the parties to be true to themselves, was shown witness, which he identified, as having been left with him by Fanning. As to Fanning's character, he said "language almost fails me to describe him; he is an infamous character, and a disgrace to humanity. Bradley always bore a good character till he became acquainted with him;" never heard any thing against Bradley, till he became acquainted with him. Certificates of Bradley's good character were shown him, when he proved several of the subscriptions affixed to them.

W. Fanning was again examined; acknowledged leaving the oath with Mr Brown; the lease produced by Shaw, was shown him, he said it was a copy he himself had made, the original was destroyed through his ignorance in applying the preparation intended to obliterate the writing; wrote to Bradley's wife, desiring her to tell Bradley to leave the country.

Here the examination of witnesses closed-after which the Lord Advacate addressed the Jury in behalf of the crown; Mr Jeffrey and Mr Murray in behalf of the prisoners; Lord Meadowbank, who presided, summed up the evidence, and the Jury were inclosed about half past seven o'clock oh Tuesday morning, and directed to return their verdict next day at one o'clock.

Wednesday, the Jury gave in their

verdict,

verdict, unanimously finding both the prisoners guilty.

The Lord Advocate having craved that judgment be given, and no objection being made, the judges on the bench, Lords Meadowbank, Hermand, and Woodhouselee, delivered their opinions seriatim, that the of fence as charged and found proven, did not impose upon the court the necessity of pronouncing the last sentence of the law. Lord Meadow. bank, among other observations said, "that upon reflecting on the practice and principles of our law, he had no doubt on this head. Before the 16th century capital punishment for forgery was unknown; but the common law being found too weak, the legislature interfered, by several statutes which described the crime. The punishment, however, in particular instances, was often dark; and it was the practice, during the intimate connection which then subsisted between the courts and the privy council and parliament, for the former, in difficult eases, to ask and receive instructions from the latter. These cases again supplied important precedents. In no instance, however, does simple vitiation appear to have received a capital punishment. This case might indeed have been capital, if it had been charged and proved to the extent to which one witness swore; but there neither is before the court, nor was before the jury, any other civil interest than that only, which entitled Lady Mary Lindsay Craufurd to be heard in process of service before the sheriff. And if it had been capitally laid, by alleging in the major proposition the felonious intent to obtain possession of a high dignity and great estate, with a corresponding narrative relating to the Viscounty of Garnock, and estates of Glengarnock and Kilbirnie, it might not perhaps have been established before

a jury; nor is this court a place for the determination of doubtful claims of civil right. Such an intricate proof would have been more competent in the Court of Session, where, no doubt, it would have been attempted, if likely to have been successful, or if the at. tempt hadbeen consistent with the humane and judicious principles on which, by our excellent constitution we are alwaysaccustomed to see such matters conducted. There is indeed, as I have said, a certain civil interest; but if there had been none, the falsehood alone would have been a high offence. It is no light matter to infringe the respectability of those great names to which Scotland was much indebted in the worst of times; and those know best what the first Viscount of Garnock did for his country who are best acquainted with its history. To usurp by falsehood and forgery the representation of an ancient and respectable family, is alone a crime of an heinous nature; but when to this is added the compass of contrivance and consummate skill of execution, the length of time during which this crime was continued, the multiplicity of acts of which it consisted, and, on the whole, the gross depravity and criminality, and total abandonment of all sense of distinction between truth and falsehood, which marked the conduct of the perpetrators, I cannot but,concur with your Lordships, that the punishment of transportation for fourteen years is the least which this court can infiet." After which, sentence was pronounced, ordaining both prisoners to be transported heyond seas for fourteen years. In delivering their opinions, the whole of the judges stated in high terms the satisfaction which they felt at perceiving the unremitted attention of the Jury, and the ability and discriminating judgment evinced in the verdict they returned.

Counsel

Counsel for the crown, the Lord some seams of coal. The trap is in Advocate, Mr Solicitor-general, and William Boswell, Esq. advocate; agent Hugh Warrender, Esq. writer to the signet.-Counsel for the prisoners, John Archibald Murray, Francis Jeffrey, Henry, Cockburn, and Hugh Lumsden, Esqrs. advocates; agents Mr Cameron, and Mr Archibald Brodie, writers.

Proceedings of the Wernerian Natu

ral History Society.

se

T the meeting of this society on the 18th January, professor Jameson read a paper on por phyry, in which he described veral species of transition-porphyry as occurring along with greywacke, &c. in different parts of Scotland. He also gave a particular account of a floetz-porphyry, which likewise occurs in Scotland, and appears to belong to the old red sandstone formation. The professor conjectured that this floetz porphyry may be the mother stone of the porphyritic felspar lavas which are found in some countries, and consequently that lavas may occur in rocks of an older date than those of the newest floetz-trap series. At the same meeting Mr W. E. Leach read a description of two species of shark found in the Scottish seas, illustrative of a proposed subdivision of the genus squalus of Linnæus.

At the meeting on 1st February, a communication from Lieut. Col. Imrie was read, containing an account of the district of country in Stirlingshire called the Campsie Hills, illustrated by some interesting geological facts observed by the Colonel on the coast of the Mediterranean. The Campsie Hills consist of trap rocks of great thickness;

under which sandstone occurs; and

below this, lie beds of limestone; with slate-clay, play ironstone, and

some cases distinctly columnar; and in many other places it shews a tendency to this form. He observed, that these circumstances might give occasion to some geologists to class the trap of the Campsie district with volcanic products, of which however he saw no symptom. He then pointed out that nature produces these forms both in the moist and in the dry way, and gave examples of both. In the moist way, he said that these forms are seen in greatest perfection in warm climates; and drew his example, in this mode, site of ancient Carthage; where a from the coast of Africa, near the small lake, with a deep clay bottom had been accidentally drained by the wearing down of a part of its barrier, and where the clay deposite had split into vertical columns, 18 feet high, and from a foot and a half to three feet in diameter. The example in the dry way he took from the island of Felicuda, one of the most westerly of the Lipari islands. In the lavas of that island which have taken the columnar forms, he mentioned having seen obsidian and pumice which had been in flow with the lava, and are seen combined in one of its congealed streams.

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the best collections of old manuscripts, which exist in this country. It was collected by the industry of the late Lord Auchinleck; and we are happy to find, that the present intelligent possessor is disposed no longer to allow its treasures to remain buried, but has begun to present the world with curious specimens from it. The narrative now * under our notice relates to a member of a family, which made a distinguished figure in the history of Scotland, both civil and ecclesiastical. But its chief interest is derived from the very remarkable nature of his personal history, and from the light which it throws upon the state of Ireland during that age.

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James Spottiswood was born at Calder in Mid Lothian; was son to John Spottiswood, a leading actor in the reformation, and one of the first provincial superintendants. He was brother to Dr. Spottiswood, Archbishop of St. Andrews. Having rendered an important service to his king in the discovery of a conspiracy formed against that monarch's life, he was rewarded with promotion in the church, and was at length advanced to the see of Clogher in Ireland. This elevation however, instead of securing happiness to him, was only the commencement of his troubles, A deadly resentment was, for some reason or other, conceived against him by Sir James Balfour, second son of Sir James Balfour of Pettendreich and Monquhanny, in the county of Fife, who being a favourite of James, had been created Lord Balfour, and had received a grant of lands in Ireland. We scarce remember a parallel to the series of fierce and unremitting persecution, which this nobleman carried on a gainst the unfortunate bishop. He attacked him first under the guise of friendship; and his operations in

this character seem to have been extremely successful. Our author says:

"This meanwhile, the Bishoppe of Clogher havinge but twoo children, and bothe marriageable, a Sonne and a Daughter, Sr James Areskin, by the Lord Balfoures advice, made a motion for marrynge a Sonne of his, a Master of Art, to the Bishopps Daughter, uppon whome he would bestowe the Lands of Agher: The Bishoppe, allthoughe he had farr better matches offered him, yet he was perswaded by the Deane, the Archdeacon, and manie other his countriemen, to hearken to Sr James, whose estate then was not knowne to be at so lowe an ebb. Sr James then brought his Sonne to the Bishopps howse, and brought the young Maide, by manie Golden promises, to a foolishe paradise. There rested nothinge fowe but Drawinge a contract, and so Solemnize the Marriage, wch Sr James hasted, for he longed to finger the Bishopps moneye: But when the Bishopps learned Councell was mett to putt the Contract in forme; Sr James made newe propositions, so unreasonable and so farr from the first Communing, that the Bishoppe brake of the meetinge, desyred his Daughter to estrange herselfe from their companie, and requested Sr James and his Sonne to forbeare his howse. The Lord Balfour, informed of these proceedings, he thought it highe tyme to act his part; so tooke occasion to speake wth the young people, assured them they would never have the Bishopps consent, who was nowe fullie informed of Sr James Areskins his decaied estate, and his inabilitie to performe what he had promised: He advysed them therefore to goe on and make up the matche betweene themselves, wherewith the

Bishoppe

Bishoppe would be doubtles of fended at first; but that he was a kinde man, and they woulde ge: his goodwill afterward, when he sawe they could not be parted. It was concluded by Sr James and his three Sonnes, that this Councell should be followed; So one daye when the Bishoppe had much companie dyneinge wth him, and the Bishopps wyef was attending her only Sonne, who was periliously sick that same tyme, theye brybed a Serving woman of the howse to bring the Bishopps Daughter to the Streete, so entysed her to St James Areskins chamber, where the marriage was made up by some Deboysed Minister. The Bishoppe little suspected the Lord Balfour to have any hand in this busynes, who yet had a further fetch: ffor, soone after, seeing the Bishoppe much grieved, he made a proiect to him howe to defeat Sr James Areskin

and his Sonnes of their evil intentions; He discoursed to the Bishoppe of Sr James Areskins povertie, and his intention to make up his decayed estate by the Bishopps meanes: He perceaveth yor sonne, sayd he, to be sicklie, and assureth himself to gett all you have in ende. But yf' you will be advysed by me, (sayd he,) I will teach you howe to defeat them of theire purpose, and howe to strengthen yorself wth a better friendshippe in this kingdome. There is, sayd he, a mayde, a niece to the Viscountess of Valencia, both wise and virtuous, and like to be a great match; ffor my neighbour St Stephen Butler (sayd he) was offered to have 1500lb. 'wth her, and greater matters in hope; I will fynde the waye, (sayd he,) to make Sr Stephen leave of the Suite; If yor Sonne, then, can compasse the Maydes goodwill, you maie make up a fayre estate for yor Sonne, let yor daughter drincke as shee hath

brewed. The Bishoppe replyed, that he had alreadye consented to annother motion made unto him by Sr Stephen Butler himself for his brothers daughter, a beautiful Gentlewoman, and well bredd, wth whome he offered Securitie - for 1200lb. portion; The Lord Balfour replyed, that that gentlewoman had confessed to himself shee was handfast before shee came out of England, and that Sr Stephen made this Offer onlie to hinder the match, and so renue his old suite; So never tooke rest till he made up the match betweene the Bishopps Sonne and the Ladye Valencia her Niece. Nowe had the Lord Balfour matched both the Bishopps Children, in no good intention to him nor Them neither."

Balfour however soon after shew

ed himself an open enemy, and under pretences, which could only have been advanced in the then unsettled state of the country, endeavoured of his property. Spottiswood was to deprive the Bishop of great part obliged to come over to England in order to support his claim, but could scarcely maintain his ground against the intriguing activity of Balfour. About this time happened an incident, which gave a great advantage to the latter. The following is an account of the provocation which led to it.

"There was one Sr John Wishard, sometyme Lord of Pittarro in Scotland, who havinge consumed his estate there, begged some escheated Landes in the County of ffermannagh, and was possessed of 24 Townes or Tates of the Bishopp of Cloghers lands, next adiacent to the Temporall Landes, ffor wch he was to paye the Bishopp 361b. per annum. The Bishopp of Clogher sent to him manye tymes for his Rent, But he did onlye defer to pay

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