urbes, and fome luxuriant imaginations might, perhaps, form a comparifon between the ifands of Calypfo and Paoli. mores bominum multorum vidit et reached the main land O&. 22. In thefe little voyages they were accompanied either by Sir Allan Maclean, who, with his two daughters, high born, polifhed, and elegant, as they are, and their fervants, are the only inhabitants of Inch Kenneth, or by the young Laird of Col, a moit" amiable man, who, while these pages were preparing to atteft his virtues, perifhed in the paffage between Ulva and Inch Kenneth." Proceeding fouthwardly to Inverary, they were kindly entertained by the Duke of Argyle, at his fplended feat; and the traversing Glencroe, a black and dreary region, now made easily paffable by a military road, paffed, through a pleafant country, to the banks of Loch Lomond, and the houfe of Sir James Colquhoun, owner of almost all its thirty iflands, which next morning they furveyed in a boat. Near this Loch the y paffed a night, with Mr. Smollet, a relation to Dr. Smollet, to whofe memory he has raised an obelifk, on the bank near the house in which he was born, and where they were met by a pofi-chaife, which conveyed them to Glafgow. From thence they directed their courfe to Auchinleck (Stony-field), the paternal feat of Mr. Bofwell's father,one of the Lords of Seffion; from thence returning to Edinburgh, "where (says the author) I paffed fome days with men of learning, whofe names want no advance. ment from my commemoration, or with women of elegance, who, perhaps, difclaim a pedant's praife; and after defcribing a peculiar fubject of philofophical curofity, a college of the dear and dumb, who are taught to fpeak, to read, to write, and to practise arithmetic, by a gentleman, whofe name is Braidwood," the Doctor concludes his narrative as follows: Mr. Macdonald, and his Lady, Flora Macdonald, "a name that will be mentioned in history with honour, if courage and fidelity be virtues," entertained our voyagers at their return to Sky, from whence they croiled an arm of the fea, to Dunvegan, a rocky prominence W. of Sky, to which they were alfo invited by the Laird, and where the ftorms fometime (though not difagreeably) confined them. Ulinih, and its dun, or ancient fort, caverns, &c. next attracted their obfervation. Their fubfequent ftages were, Talifker, in Sky, the houfe of Col. Macleod, an officer in the Dutch service; Coriatachan, where they were hofpitably welcomed by Mr. Mackinnon; Oftig, of which Mr. Macpherson is minifter (both in Sky); and, at Armidel, finished their observations on that ifland, which occupy 100 pages. And here Dr. Johnfon difcovers his opinion, that the poems of Offian are impoftures, as" the editor, or author (he affirms), never could flew the original, nor can it be fhown by any other." To which Mr. Becket has replied in the papers, that "the originals lay in his fhop in 1762, for the infpection of the curious; and that propofals for publishing them were frequently advertised." To convince the incredulous, the editor, therefore, has now no refource but the depofiting them in fome public library; though, as to the merit, if it be intrinfic, it is just the fame whether Offian or Macpherion was the author, and, perhaps, it may be no lefs an effort of genius to compofe fuch a work, with fo few ideas, in this enlightened than in that barbarous age, the fupprethon of knowledge being rather more difficult than its free communicati on. But we must now fail through a florm, with our traveller, to the iflands of Col, one continued rock, thinly covered with earth, but very populous; Ulva, "rough and barren;" Inch Kenneth, though fmall, remarkably pleafant and fertile, and once a feminary of ecclefiaftics; San diland, a rock of four acres; Icolmkill, or lona, in early ages, the great fchool of theology, and the reputed cemetery of the Scottish Kings; and Mull, in extent perhaps the third of the Hebrides, from whence re-imbarking for Scotland, they "Such are the things which this journey has given me an opportunity of feeing, and fuch are the reflections which that fight has raised. Having paffed my time aimo wholly in cities, I may have been furprized by nodes of life, and appearances of nature, that are familiar to men of wider furvey, and more varied converfation. Novelty and ignorance mult always be reciprocal, and I cannot but be conscious that my thoughts on national manners are the thoughts of one who has feen but little." Of the things" here defcribed we have thus endeavoured to give a brief epitome, a mere skeleton, as it were, of the work; but, as for *** the reflections," P 2 which 116 Caufe relative to an Encroachment in the Phoenix Park. Feb. which may be confidered as its flesh and blood, its life and spirit, for them we muit refer to the original, which though the author may, perhaps, "difclaim pedant's praife," we cannot help faying, is worthy the author of the Rambler. The Trial at large between the Citizens of Dublin and Sir John Blaquiere, relative to the late Encroachments in the Phoenix Park. Monday, February 6, 1775. The KING aainft K ING's BENCH, Prefent, Lord Chief Justice Annaly, ther the council for the traversers had a licence*. Mr. Scott eited the King against Gray, cited by Burrowes-fuch objection made, but over-ruled. The Court thought plaintiff's council had no right to put the question. Sollicitor General declared he was of council against the prefentment, in favour of the traverser, though in fact for the crown-that there was an houfe in the Park for the accommodation of the bailiff; and his office being but mean, his houfe, and about half an acre of land was thought fufficient; but a gentleman of high rank having condescended to ac BRADSHAW. Mr. Juftice Robinson cept of that station, it must be fuppofed and Mr. Justice Henn. The court opened at a quarter before ten, and the following jury fworn before eleven. 1 Jofeph Deane, Efq; Foreman. 2 Sir John Allen Johnstone. 3 Gorges Lowther, Efq; 4 Lodge Morres, Efq; 5 George Carroll, Efq; 6 Mark Rochfort, Efq; 7 Richard Anderson, Efq; 8 George Wrighfon, Efq; 9 Mafon Garrard, Efq; 10 William Warren, Efq; 11 John Phepoe, Efq; 12 William Sifon, Efq; Mr. Scott (Sollicitor General) defired to know from Mr. Deane, and Mr. Anderfon, whether, they, or either of them, had fubfcribed towards carrying on the profecution, which they denied. Mr. Attorney General ftated the prefentment of the grand jury of the county of Dublin. Mr. Recorder lamented, that the pub lic were deprived of the best council at the bar, but hoped that truth and justice woul make up for any infufficiency of abilities. He obferved that it was a queftion of a public nature, relative to an encroachment in the Phoenix Park. It was no excuse because the crown had heretofore encroached on the rights of the citizens, that it fhould be repeated. Their ideas were then fafcinated; but they were justly alarmed when they found fo great an invafion made at once, and will reft the question on a fingle point, whether the emolument of an individual was to stand in competition with the fafety and advantage of ten thousand? Mr. Sheridan (a volunteer in the cause ef freedom), begged leave to know, whe he ought to be better accommodated. Mr. Yelverton, for the profecution, obferved, that though there was originally but half an acre enclosed, the public had been deprived of even that, and of an easement they had immemorially enjoyed; that through the centre of the late enclosure, there ran a road from Caftleknock to Ifland Bridge.. He hoped it would appear that the citizens of Dublin had liberty to pafs and repass, and had the easement of the fod for their recreation-It was thought neceffary by the citizens to have the Park furveyed, which furvey it will be proper to lay before the jury. The Sollicitor General objected to the furvey being admitted as any evidence, unless they fhewed it was with the King's confent that it was made, council having declared it was furveyed by the city furveyor. Mr. Yelverton would not produce it as evidence, without the teftimony of the furveyor-would begin, however, with producing a witnefs; who could prove that the public had enjoyed the easement in the Park time out of mind. Christopher Beatty, fworn and examined by Mr. Yelverton, depofed, that he was born in 1717, at Chapelizod, and lived there ever fince-knew the Phoenix Park from his childhood, and particularly the wall lately erected where Crofthwaite (the late bailiff) formerly dwelt, but did not know when it was erected; that it might be within thefe 2 or 3 years; NOT E. *None of the King's council can plead against the King without a licence; and although this caufe was in the name of the King (as all prefentments are) yet it was, in effect, brought again King's grant, the remembered remembered that when Crofthwaite lived there, he had only about half an acre, enclosed with a ftake hedge-never knew or heard of any obftruction given paffengers, either on foot, on horfeback, or in carriages, unless mifchief was attempted-depofed, that there was a road through the ground enclosed from Caftleknock to Ifland-Bridge. Crofs examined by the Attorney General, depofed, that, he believed the Park belongs to the King; that a cow herd lived formerly where Crofthwaite lately dwelt; believed that the ground, lately enclosed, was by the King's permiffion, and that the King had a right to enclose ground for Crofthwaite; knew the houses of Mr. Clements and Col. Cunningham, in the Park, but could not fay whether the ground enclosed with them, was by the King's permiffion; believed the keepers, and other officers of the Park, have houfes or lodges there, and that by the King's permiffion; believed the King might have authority for making gardens there, but not for enchfing roads; believed the roads were made and repaired at the King's expence, not only for the advantage of his officers, but convenience of the public; that the gates were locked at night, and that no carriages (except thofe of perfons of diftinction) were admitted in fawning feafon and in the fencing month; that there were orders for fuch purpose figned by the bailiff. The court being exceeding full, which occafoned great heat, Lord Annaly was obliged defire the perfons in the dock (where prifoners take their trial) to retire, among whom was Colonel Browne, which occafioned a remark, that though the Colonel had an objection to the Aidermens custards, he could have none to venifon of Sir John Blaquiere's. Thomas Matthews, Surveyor, fworn and examined by Mr. Caldbeck, for the profecution; depofet, that the map was made in pursuance of a furvey truly made by himself; that the land enclofed is 13 acres, 1 rood, 16 perches, within the wall; that the road enclofed is 16 perches in length, and the ditch 30 long; the wali in circumference 145 perches. Crofs examined by Solicitor General, depofed, that he was employed by Mr. Humphreys (agent for the profecution) was not paid then, but expected to be paid for his trouble, as well as the Solicitor General. James Breflaud, James Kelly, Luke Quin, Sir Thomas Blackall, John Tankard, Michael Hevey, John M'Donogh, and John Rochfort, (eight other witneffes) were feparately fworn and examined by the profecutor's council, and cross examined by the traverfors; they were generally men from 50 to upwards of 60 years of age, who depofed in effect with the first witnefs, and caft no new light on the affair. It was obferved that the Sollicitor General, who spoke to the other witneffes, paid many compliments to Mr. Tankard on the goodness of his appearance, and fincerity of his intentions, infomuch that he hoped "Tankard and he would spend many happy days in the Park." The Prime Serjeant obferved that it fell to his lot to itate the cafe of the traverfor, which confifted of a variety of facts, and when laid before the court, their Lordfhips, he hoped, would be of opinion, that the prefentment was not fupported by law, and that the evidence did not fupport that title which the profecutor fhould appear to the court. That if the court should be of opinion, that the prefentment was not fupportable, he could not believe the gentlemen of the jury would concur in cafes of this nature against the opinion of the court. He was always happy in feeing gentlemen in the box of large property, for those who poffeffed large property fhould take care of and protect it. That it was the principle of this conftitution that the King was bound by the law, as well as the fubject; and he hoped no jury would endeavour to deprive the crown of the benefit of the law; what he faid, he did not mean fhould cast any reflection upon the gentlemen who found the prefentment, the only means they had of bringing this fubject to a proper mode of enquiry; the gentlemen, therefore, of the present jury, were to determine upon the merits of the cafe, and would give a verdict, not on popular report, but accord ing to the evidence laid before them. That the ground of the prefentment was, that the citizens of Dublin had a right to every fod of the Park, which fhould be fupported by prefcription, or by grant, and by thefe alone. With regard to prefcription, it must be uninterrupted; to the contrary of which evidence had been given. With regard to grant, the court, he was fure, would tell the jury, none was produced. That the Park was formerly the property of individuals, purchased by the crown crown in 1662, by Charles II. part were the diffo ved lands of the priory of St. John's of Jerufalem, the remainder the property of above thirteen or fourteen different proprietors. The abbey lands, which, upon the diffolution of the priory, came into the hands of the crown in the time of Henry VIII. Queen Mary granted to Sir Ofwald Madden Croft, who continued in poffeffion till the reign of Queen Elizabeth, when an act was made, veiting them again in the crown; another part, in poffeffion of Christopher Fagan and Alderman Daniel Hutchinfon, by leafe for fixty-one years, was purchafed by direction of Charles II. by the Duke of Grmond, in truth for his Majelly, for 3000l. the conveyance of which, dated 22d June, 1671, would be laid before the court and jury. That fome of thefe purchases were made in the name of Sir John Temple, the then Sollicitor General, others in the name of Sir Maur. Euftace, the then Jord Chancellor, and others in the name of the Duke of Ormond, and others in the name of feveral other principal officers, of the crown; and that those several purchafes amounted in the whole to a fum of 40,3611. 1s. 2d. h. That Sir John TF Mira to Alexis. Temple built the wall, which now inclofed the Park, from the barrack tỡ Chapel- Izod, for which he got all the land from that wall, to the river, and a fum of 2001. out of the Concordatum money; this wall, as it is expreffed in the agreement produced, made with Sir John Temple, was built to prevent the inconveniencies of the road, going through the park; and in order to keep deer in the park. The council for the traverfer then exhibited the feveral conveyances to the crown; read the act of the 2d Elizabeth; &c. Dr. Wall was fworn and depofed, that his father was Minifter of Castleknock that he knew the park fince 1719, and in 1725, there were keys to the gate given to particular perfons, marked G. R. with a P. and crown over the letters, on each key. The evidence clofed about 7 o'clock, the court then fummed it up in a clear, and in partial manner; the jury went into the box about 8 o'clock, after staying a quarter of an hour, brought in their verdict in favour of the traverfer, to the full fatisfaction of the court and spectators. POETRY. you, my dear Alexis, I indite : From the mild regions of eternal light: Where faints in love and joy for ever reft, Blefs'd with their God, with their redeemer blefs'd; Where all the good and juft for ever reign, And feat with pleafures unallay'd with pain; Where all perplexing cares and forrows ceafe, Banifh'd for ever from the vales of peace; Sighs from each breast, from every eye the tear, No forms nor tempefts to moleft us here. Here wide Benevolence extends her fway, And love divine adds luftre to the day. But, O how diftant fill the utmost The brighteft feraph that adorns the fkies, To infinite perfection cannot rife. low : Even you, my dear, true? -can you believe it No cares create anxiety for you. I know your heart, know all your utmost aim; Our hopes and fears had ever been the fame: Still in the courfe of virtue perfevere; You cannot fail to meet your Mira here: Short is the time-how fwiftly does it pafs? I mark the moments, for I fee the glafs: When from the lower world your foul fhall foar, Never to part your much lov'd Mira more. Your guardian angel I will then attend : (I've made him molt peculiarly my friend) Will Thro' all the various realms of blifs we'll país, [place; And view the wond'rous glories of the Will vifit every ftar, and every fphere, Contract new friendships with the natives there; Swifter than thought will every region try, And mount in rapture th' empyrial sky; Where God his nameless glory doth difplay: Too dazzling bright for angels to furvey, They bow their veiled heads with reverence down; [crown. And proftrate at the throne prefent the O could I fay-but mortals can't conceive, The wond'rous things referv'd beyond the grave! Defcription fails, all power of speech is low i [know. To comprehend those joys you firit muft Then what is earth, and all contain'd A friend! whofe finking foul no comfort cheers! 'Lone left to struggle thro'the vale of tears: Depriv'd of all on earth he valued moll, The greatest blifs unbiafs'd love could boaft. Loft to the comforts life can here beflow, Whofe gayeft intervals are all deceit ; Leads to the realms of never ceafing day? Where friends fhall meet, their mutual loves renew, And where Alexis doubly blef with you, To high degrees of happiness fhall rife, And view the flaming wonders of the fkies. The ways of providence (inftructed) scan, And juttify those wond'rous ways to man: The glorious fcheme of goodness there behold; [fold; And all the charms of love, divine, unFir'd with the profpects of a life to come, Death can't difmay, nor terrify the tomb; Tho' low the glafs you with attention |