be figured; because they were all and each of them guilty of the fame malverfations of which the magistrates of Dum barton were at prefent accused; and it was not to be fuppofed, that a body of men, composed, as they were, of provosts and bailies from different burghs, would hear or redrefs the grievances of burgeffes, complaining of the dilapidation of funds belonging to a particular burgh, when they must be confcious to themselves of being guilty of the fame crime of which their brethren in iniquity were accufed. It would be perfectly fimilar to the cafe that had been ftated in the pleading by his learned and ingenious friend the Dean of Faculty. It was fuppofing that the legiflature would be so absurd as to pafs a law for punishing bribery in gangers, and at the same time enact, that the judges who were to try the bribery fhould be the whole gaugers in Scotland. Sir John was entirely of opinion with Mr Baron Stewart, that the acts founded upon were ftill in force, and that the court of exchequer were competent to try the matter now at iffue.

Mr Baron Norton coincided in opinion with Mr Baron Gordon. He was clear, that by the law of Scotland, the act 1535 was in defuetude; though, had he been fitting as an English Judge, he would have been of very different fentiments; because, by the law of England, no ftatute is held to be in defuetude, however ancient, or however little put in practice, unless it is repealed with the fame folemnity, and by the fame power, with which it was at firft enacted. The cafe, how ever, was different in respect to the law of Scotland; and therefore, fitting as a Scotch judge, he was bound to give effect to the law of that country. He could not speak with the fame conviction his brethren had done as to the mismanagement of the revenues of the royal burghs, because he had not had the fame accefs of being acquainted with the matter; but he agreed in opinion with them, that it was highly neceffary they should be fubject to controul; though he was clearly of opinion, the court of exchequer, whatever might have been its ancient powers, was, by its prefent conftitution, incompetent to the business, and had no authority to judge of the question now brought before them.

The Bord Chief Baron, with his ufual accuracy and precifion, delivered his opinion, which was clearly against the com⚫

petency of the court to try the prefent queftion. His Lordship, at the fame time regretted that this should be the cafe; becaufe he was confcious that much dilapi dation was committed by the magiftrates of different royal-burghs, upon the com mon good under their management. H entirely agreed with Sir John Dalrymple that the convention of royal burghs were the very worft people that could be in trufted with the power of controlling the accounts of the different burghs; and hoped that the petitioners, who had dif covered so much laudable zeal in this bufinefs, would not ftop short, but apply to the legislature, from whom alone, it appeared to his Lordship, they could receive redress.

The court were thus divided, three a gainst the jurisdiction, and two for it.

On Monday, Feb. 5. were tried before the high court of jufticiary, Janet Johnfton, accused of five different acts of theft, and being habite and repute a thief; and Donald Macdonald and John Macgregor, accused of breaking into a hop at the Nether Bow, Edinburgh, and stealing a confiderable quantity of haberdashery goods. They were all found guilty, upon their own confeffions, and fentenced to be transported for life, and their fervice adjudged for feven years, and to fuffer death if they return.

The fame day a petition was prefented to the court from the convicts under fentence of transportation in Edinburgh jail, fetting forth, that some of them had remained two years in prison, that they had worn out their cloaths, and that they could find no shipmafter to take them away: They therefore prayed the court to provide them with cloaths; to inform them whether the time they continued in prifon was to be included in the term of their banishment; and that they would allow them to banish themfelves. The court found they could give no deliverance on the petition.

On the 6th of February the court of feffion determined a cause of very great importance to the proprietors of diligen ces, and carriers of every denomination. It was an action brought at the inftance of a gentleman, for recovery of a parcel containing L. 200 Sterling, which had been given into the Glafgow diligence, but which never came to the hands of the perfon to whom it was directed. The proprietors of the diligence were there fore profecuted for that fum. The Lords

however

the City's accountant, examined the books of the House for thirteen years previous to the 1ft of July, 1785, and found the average deficiency for thefe years to be no less than 6781. 9d. Sterling. From all which facts it appears, that the ftated funds of the Houfe, in which are included the occafional aids received by legacies or the donations of individuals, have at no period fince the first commencement of the inftitution, been nearly equal to its fupport. On the contrary, all the public contributions received fince that time, have been only fufficient to relieve the preffing neceffities, but by no means to fave the Houle, from the accumulation of a heavy load of debt.

On the 30th of June laft, the term at which the year's accounts are adjusted, the debt of the House amounted to no lefs a fum than 37821. Sterling. Several of the creditors, as might be expected, are now become extremely urgent in their demands, and have even threatened an immediate profecution.

In thefe circumftances, there were 861 perfons, men, women and children, who received their lodging and fubfiftence in the Houfe, befides 121 out-penfioners, amounting in all to 982; and fince that time the affairs of the House are still worse than before. By a report from the Miftrefs, juft received, it appears, that the whole ftock of bed and bedding, and the whole body linen, are in present use, in extreme bad repair; and, in a very few weeks, thefe articles will be worn out, without either money or credit to replace them.

The managers find themselves no longer able to struggle with thefe difficulties. They truft, that it will be found, upon examination, that they have endeavouréd faithfully to conform to the regula tions prescribed to them in the original contract for the management of the funds, and that the heavy load of debt with which the Houfe is now incumbered, has been gradually accumulating, from the deficiency of funds for executing the purposes of that contract, a deficiency which has been felt in every period from the very firft inftitution; and which, of late years, has been felt much more than ever, as the funds have increased in no proportion to the advanced price of provifions, and the additional numbers ad-, mitted to the benefit of the charity, not to mention the yearly intereft of the debts.

In this fituation, the managers muft of neceffity refign their charge, unless fome effectual supply be established. They fhall be happy if any mode be pointed out to them for fupporting the Poor at a lefs expence than what is required by the prefent establishment, and a new contract entered into authorifing them to adopt it. But unless an effectual fupply is provided, either for the prefent eftablishment, or for fuch other eftablifhment as may be judged preferable, they are refolved to refign their charge on the 31ft day of March next, when the present quarter ends. Wm. Greenfield, David Stewart. Will. Mercer. William Creech. W. Scott. Geo. Leflic.

Wednesday, Feb. 21. the Magiftrates of Edinburgh fold the whole materials of the city-wall, extending weftward from the center of Lauriefton road, and oppofite Watfon's Hofpital, to the new refervoir in Heriot's garden, which is to be immediately taken down. This will have the effect to exhibit to the eye of the paffengers two fabrics which can fcarcely be equalled in Britain for ele gance, or the beneficial effects of their inftitution.

At the fame time, there were alfo fold the materials of the wall from the Potter-row Port eastward to the entry to the South Bridge by Nicholfon's freet, by which the treet there will be greatly enlarged. This alteration will be very beneficial to the inhabitants in that neighbourhood.

On Wednesday, Feb. 21. there was a meeting of the Chamber of Commerce of Edinburgh, to confider the PottmafterGeneral's answer to their request respect. ing the arrival and departure of the poft on Sunday-which, in their memorial they reprefented as dangerous in its confequences to the interefts of religion and virtue, as an unprecedented innovation, unneceffary to the purposes of commerce. and as having a tendency to give thofe who fhall chufe to tranfact bufinefs on Sunday an improper advantage over their more fcrupulous neighbours. The Poftmatter General's anfwer, was to this purport: That, fince the eftablishment had taken place, it had been carried on with all poffible delicacy and decorum, and every mean used to avoid giving offence; that, with respect to any advantage it gave thofe who chofe to tranfact business on Sunday, it could not poffibly be avoided, without depriving the other places in

Scotland

-

Scotland of the benefit of this additional poft from England, unless by this means, viz. that no letters whatever be delivered in Edinburgh on Sunday, and English letters only forwarded, which would put all the citizens on an equal footing, and continue the benefit to the country; that he was very doubtful how far he was warranted in giving even this accommodation to the inhabitants, being reftrained by law from detaining any letter when demanded; and that, at any rate, it could not fafely be attempted without the uni verfal confent of the inhabitants. The gentlemen who had fet on foot the oppofition to this regulation declared, that they were by no means fatisfied with this anfwer of the Postmaster-General; that Edinburgh, as a metropolis, was intitled to an exemption from a Sunday's poft equally with London; that the regula tion ftruck at the root of all decency and order, and was not only pernicious to the morals, but deftructive to the liberty of the people, as it rendered business a perpetual drudgery.-On the other fide, it was faid, that there could be no great hardship in the poft's arrival or departure on Sunday, as no perfon was compelled to receive or write a letter unless he chofe it; that if the Edinburgh letters were not forted, it would give the other towns in Scotland a material advantage in early intelligence, which was of the utmost confequence in many transactions; and with refpect to its immoral tendency, it did not appear to have had any fuch effect in thofe towns where it was established. A vote was then put, Proceed in the bufinefs, or Delay, when it carried Proceed; and a motion was made and carried, that thanks be given to the magiftrates for their attention in the business, and that application be made (through the medium of the city member) to the Poftmaflers-General of Great Britain, for redress in the cafe.

Two caufes in fimilar circumftances, but of the utmost importance to the cler gy of Scotland on the one hand, and to the proprietors of land and titulars of tithes on the other, were, on Feb. 21. determined by the court of feffion as a court of commiffion of teinds.-The minifter of Tingwall in Shetland, and the minifter of Cairney in Banffshire, purfued for an augmentation of their ftipends. Objected for the heritors of each parish; 1, That thefe minifters were already fufficiently provided; adly, That each of

their stipends having been already once augmented fince the Union, the court had no power to grant another augmentation under the fame commiffion, nor to augment any ftipend which had been augmented and fettled by commiffions prior to the date of the prefent one in 1707 3dly, That it was no doubt the object of the legislature to give competent provifions to minifters, but not to delegate an unlimited and permanent power in the court to augment and reaugment ftipends at difcretion, till the whole tithes, which were the full fifth of the rent of each parish, should be thereby exhaufted; otherwife, why were titulars and patrons ordained to fell, and heritors to purchase and pay for their own tithes? and feveral fuch arguments; 4thly, That the decifion of the Houfe of Lords, in the late cafe of the minifter of Kirkden, where they reverfed the decree of the court of feffion, which has given rife to fo many purfuits for augmenta tions from all corners of the kingdom, has been misunderstood as to its real import or confequences, and does not meet the prefent objection.-The cafe was argued by the parties, and reafoned upon by the judges with great refpect to the clergy; but, after hearing counsel, and advifing mutual informations, the court fuftained the objections, and difmiffed both proceffes.

MARRIAGE S.

Jan 22. At Bath, Admiral Gambier, to Mifs Newcombe, eldest daughter of the late

Dean of Rochester.

Feb. 6. At Glafgow, Mr James Muir, furgeon in the 3d regiment of foot, to Mifs EWardrob merchant in that city. lifabeth Wardrob, daughter of Mr Robert

7. At Cardross, Robert Hay, junior of Drummelzier, Efq; to Mifs Janet Erskine, eldest daughter of James Erskine of Cardross, Efq;

12. The Rev. Mr John Bower, minister of Old Monkland, to Mif. Margaret Hamilton, daughter of John Hamilton, Efq; of Garthamlock.

Lately, At Kirkby Lonsdale, Mr John Prefton, aged 93 to Mifs Harrifon, of the fame place, aged 21.

14. At Edinburgh, William Gordon, Efq; of Sheep-bridge, in Ireland, to Mifs Mary Elifabeth Gillespie, daughter of Dr Thomas Gillespie phyfician

of the Eat-India Company's fervice, to Mifs 15. At Edinburgh, Capt. Eneas Mackay, Campbell, eldest daughter of the late Col. Alexander Campbell of Barcaldine.

BIRTHS.

BIRTHS.

Jan. 18. At her house in Coll, Mrs Maclean of Coll, of a daughter.

On the 12th January 1785, Mrs Cadzow, wife of Mr William Cadzow of Craighead near Lanark, was delivered of a fon and two daughters, two of whom she nursed; they are all alive, and doing well; and, on the 31ft January 1787, fhe was alfo delivered of two fons and a daughter, all of whom are likely to live, and Mrs Cadzow in a good way.

Feb. 1. At Bonnytown, Lady Hannah Hay,

of a fon.

9 At London, the Lady of A. Rofs, Efq; of a daughter.

17. At London, Lady Carnegie of Southefk, of a daughter.

21. At Durie, Mrs Chriftie of Durie, of a fon.

23. At Pitcullo, Mrs Stark of Teaffes, of a daughter.

24. At Edinburgh, Lady Erskine of Torry, of a daughter.

DEATH S.

Jan. 12. 1787. Comte de Sinfheim, Minifter and Grand Master of the Court of Bavaria.

14 At Rome, Cardinal Caffali, aged 71. This makes the fixth vacant cap, besides nine kept in petto for a long time.

15. At her houfe in Columkill, in the island of Iflay, in the 90th year of her age, Mrs M'Neill of Ardnacrofh.

19. At Old Connaught, near Bray, in Ireland, Sir John Conway Colthurft, Bt, in confequence of a fhot he had received on the third discharge of pistols, a few days before, in a duel, the ball having entered obliquely under the fhoulder bone, and wounded a vital part, fo that he continued in excruciating pain, until death put an end to his sufferings. 20. At Aberdeen, Mr James Young, a partner and manager in the manufactory and printing of calico, carried on in that neighbourhood by Meff Gordon, Baron, and Co. 24. At Paris, aged 82, the Duchess Dowager of Louxembourg.

24. At Nice, John Birkbeck, his Britannic Majefty's Conful.

26. At Glafgow, Mrs Jean Baxter, spouse of Mr James Clow, Profeffor of Logic in the University of Glasgow.

27. At Littlebury green, near Saffron Walden, Mr George Buck, aged 102 years; he was capable of following his calling at the age of 100, and retained his faculties to the laft. He never lived in any other house; and he died in the fame room where he was born.

28. At Inverness, Mrs Magdalen Montgomery, fpoufe to the Rev. Mr William Mackenzie, Epifcopal minifter in that place.

29 At Rome, aged 86, Prince Julius Cæfar Barbarina. He was buried on the 30th, in the habit of the order of St Francis of the

Capuchins, agreeable to a request made in his last will.

19. At Fountainhall, Lady Lauder Dick. 30. At Gogar, Capt. James Kirkland of the Navy.

Lately, at Leicester, Mr Joseph Simpson, aged 76. Although a person of confiderable property, he lived a life of penury, and deprived himself not only of the comforts, but even the neceffaries of life: 240 guineas were found in a box by his bed-fide after his death; the whole of which (fome few legacies except-. ed), together with his real estate of the value of 5000l. and upwards, he has bequeathed to Mrs Cordingley, of Leicester, a widow lady, being his eldest sister's daughter.

Lately, while on duty, Joseph Carlest, Governor of Fort James, in Africa.

Lately, in the parish of Alberbury, Shropfhire, Katharine jeffereys, widow, aged 104. The noted Old Parr was a native of the fame parish.

Feb. 1. At Afhted, in Surry, in the 61ft year of his age, Thomas Tyers, Efq; He was one of the two fons of the famous Jonathan Tyers, the original embellisher of Vauxhall Gardens,

1. At Queensferry, Mrs Mary Arnot, wife of the Rev. Mr Henderson minifter at that place.

1. At Caroline Park, Mifs Clementina Pawfon, daughter of the late George Pawfon, Efq; wine-merchant in London.

2. At London, Charles Norbury, Efq; in the 73d year of his age, the oldeft captain in the navy. He had the command of an so gun fhip in the 1745, when he convoyed the troops to Scotland, to suppress the rebellion.

4. At Manfe of Chapel of Garioch, in the 88th year of his age, and 61st of his ministry, the Rev. Mr Robert Farquhar.

4. At Edinburgh, Mifs Chriftian Henderfon, daughter of the late Sir John Henderson of Fordel, Br.

6. At Walthamstow, in his 73d year, the Rev. Hugh Farmer, 40 years paftor of a numerous and refpectable congregation of Proteftant diffenters in that place, and author of a Treatise on the Demoniacs of the New Teftament, and other learned works.

Paris, Feb. 15. On Tuesday last died here, after a long and painful illness, his Excellency the Count de Vergennes, Minifter and Secretary of State for the department of Foreign Affairs, and Chief of the Royal Council of FiDances. Lond. Gaz.-M. de Vergennes died in the 67th year of his age, and was in different public offices above 30 years. In this period he nearly effected a total change in the political ftate of France. Till within a very few hours of his death he retained his gaiety and good humour,

18. Mr Mungo Buchan, bleacher at Wellhoufe. His death was occafioned by a fall from his horse.