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plishments of the times in which he lived, particularly for great skill in fencing, on which he published a celebrated treatife. 4th, That fine fcholar, and pleafant companion, but crafty and flippery ftatelman, George Mackenzie, firit Earl of Cromarty, whofe numerous works are well known. 5th, John Law of Laurief ton, Comptroller General of the finances in France, one of the moft extraordinary characters that this or any other country has produced, to whole great merit and abilities fufficient juthce has not yet been done. 6th, Geo. Cleghorn, an eminent phyfician in Dab in, the first perfon that eftablifhed what could, with any degree of propriety, be called an anatomical fenool in Ireland. 7th, William Cleghorn, who was affociated with his uncle George, juft now mentioned, as Profeffor of Anatomy in Trinity College, Dublin, but died foon afterwards in 1783, at the age of 28, univerfally regretted.

and was fo called, becaufe, as the monks fay, the place was "divina revelatione præmonflratum.”

PARISH OF DALMENY.

Minerals.

There may be mentioned a nonlar bafaltic rock upon the fouth fide of Dundas-hill, 250 yards long, and generally about 60 or 70 feet high.-This rock is almoft perpendicular in its front, and confifts of light bluish granite, of a very close and fine texture: the maffes are in an irregular columnar ftate, feparated by channels or furrows; but many well defined regular priims are to be obferved. At the foot of the fteep, and almost perpendicular bank on which this rock lies, is a morafs of about 9 acres of fhell marl. But what is chiefly remarkable and valuable as a mineral in this parish, is the vast bed of freeftone upon the fea-coaft. A quarry of this excellent ftone has been wrought to the extent of three acres a little to the weft of the borough of Queenf

PARISH OF HOLYWOOD IN DUMFRIES ferry; and, befides fapplying the de

SHIRE.

Antiquities.

THE Abbey of Holywood ftood in the fite of a part of the prefent church yard. About half of the head of the crofs of this abbey was ftanding in the year 1779, when it ferved for the parifh church. These remains, howe. ver, were then pulled down, and the materials afed, in part, for building the prefent new church. The veftiges of the old abbey are fufficiently evident in the church yard; and the adjoining farm retains the name of Abbey. The prefent church has two fine toned bells, taken out of the old building; one of which, by an infcription and date on it, appears to have been confecrated by the Abbot John Wrich, in the year 1154. From undoubted records, this abbey belonged to the monks of the order of Premontré, which was inftituted in the diocese of Loon in France, in the year 1120, C VOL. XIV. No. 79.

mands of the neighbourhood, great quantities of it were privately exported for building the fortifications and quay of Dunkirk. All the fine stone carvings of Earl Fife's elegant house at Banff were executed here upon the fpot, and fent thither in cafes by fea. A large baptifmal font, 5 feet in diameter, intended for the Continent, with its bottom uppermoft, and covered with fea-weed and fhell fish, lies oppofite to this quarry a good way within the fea mark; and which the antiquary might fancy to be one of the remains of fome Popith church once ftanding there, that had been overwhelmed by the fea. Grindftones are manufactured at this quarry, and annually exported to the countries on the Baltic. It is faid, that here and elfewhere on the coaft in this parifh, there is fuch a quantity of free-ftone, that fcarcely any demand could exhapft it.

Eminent

Eminent Men.

THE late William Wilkie, D. D. born in the village of Echlin in this parish, Oct. 5. 1721, and educated at the fcho. of Dalmeny. After revolving the hiftory of ancient families in this and other parishes, many of which are fallen into decline, and may perhaps pafs into oblivion, it may be obferve, that the memory of a man of genius gen us and learning is lefs fubject to perish. The Epigeniad will probably be always admired. Without fpeaking of the happy choice of the subject, and of the merit of many of the characters in that epic poem, it may be enough to fay, that the epifode of Hercules, taken by itself, is fufficient to entitle the poet to perpetual fame. Dr Wilkie was diftinguished for a fingular compafs of knowledge, and chiefly for an originality of genius. In his youth he cultivated a small farm, and truggled long and hard with penury. He was afterwards minifter of Ratho; and laftly profeffor of Natural Philofophy in the Univerfity of St Andrews, where he died in 1773, in his 52d year.

PARISH OF Sorbie.

Cattle, Wool, &c. THE black cattle of this parish and neighbourhood are of the belt quality. Lord Galloway thinks he has improved the fize and fhape of the original breed, by introducing Weftmorland bulls. His Lordship gave new life to a fpirit of emulation among the breeders, by a premium of a very handfome filver cup, which he benowed every year on the perfon who produced the best four year old ox er cow. With refpect to Galloway cattle in general, thofe in the mairs differ only from thofe in the improved part country in their fize. The lift n of cattle weigh when fat about 40 ftone. Moft of re without horns, and are fuch as have them; beare fuppofed to be deeper

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in the forequarter, are in lefs danger of being gored by each other, and are more compact in their fhape. The prevailing colours are black and brown; white is not efteemed. They are even in the back, fquare and deep in the rib, and fort in the leg; and fo healthy, that they fatten fooner than any other: They coit in the country, when

One year old Two years old Three ditto Four disto

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They ufed to be fent to the English markets when four years old; but now too many of them are fent fooner,-, This county fends many thousands to these markets every year; and this parifh breeds annually between five and fix hundred. They are about twenty-eight days in travelling to the Norfolk markets, and coft about 18s. per head driving and feeding. When they have finifhed their journey, it is fuppofed they have loft, through fatigue, above one-eighth of their weight. To this add the loffes occafioned by difeafes, by freights, heats, bad water, lameness, and other caufes. Such loffes affect not only the proprietors of droves, but also the public, by advancing the price of beef. Here the unfriendly operation of the falt-laws appears in a very clear light. Were it not for them, the vaft herds of cattle produced by this truly fertile country might be flaughtered and falted at home for the ufe of his Majesty's navy, trading veffels, &c.

Some of the most ancient breed of Galloway horfes are among the mountainous and lefs improved parts of the country. They are faid to be very hardy, eafily maintained, and high fpirited. This breed is well attended to in Cumberland, where it is much improved by croffes with English horfes. A larger breed is preferred here, as being more fit for the purposes of draught and agriculture. Through the attention of the noblemen and

gentry,

gentry, this neighbourhood has a breed fea-faring people would have much lefs of horfes fit for the faddle, and car- trouble than they frequently have by riages of every kind. The colours of the prefent mode of management, and horfes are various; but the dark bay, would at the fame time have the fatifwith black legs and feer, is preferred. faction of feeing juftice done to a fet Their fhape is generally good. They of brave fellows, who have rifked their were originally galloways, and faid to lives in the fervice of their country. bave fprung from a Spanish breed,

KILLALLAN.

which came afhore on this coaft when UNITED PARISHES OF HOUSTON AND one of the veffels of the Armada was wrecked upon it, after failing round by the Pentland Firth.

PARISH OF ROTHESAT. Mifcellaneous Obfervations. During the lat war, there were a humber of feamen from the parish in the navy fervice; and, had the prizemoney due to them been properly accounted for, it is believed that prefs. warrants would have been unneceflary here; but as matters are at prefent managed, nothing but compulfion will induce them to enter into the navy fervice. Many of them, to whom prizemoney is due, can get no account of, nor even find out the agent in whofe hands it is. Would it not anfver the purpofes of government equally well, were the management of prizes put in. to the hands of the pay-office, and government become accountable for it, as well as their wages; and, inftead of obliging the feamen to employ a gents and attornies, at a great expence and rifk, might not the infpector of the pay-office correfpond with the minifters of the different parishes to which the feamen belong, (which he is even at prefent fometimes obliged to do), and the fituation and circumstances of each feaman's right and claim being, in the courfe of the correfpondence, afcertained, payment might be had at the nearest bank, or an order given up on the nearest customhoufe, without either risk or expence? By adopting fome measure of this kind, the minifters of the parishes where there are

C 2

Antiquities.

In

ABOUT 20 years ago, when the country people in this parish were digging for ftones to inclofe their farms, they met with feveral chefts or coffins of flag ftones, fet on their edges, fides, and ends, and covered with the fame fort of itones above, in which were many human bones of a large fize, and feveral fculls in fome of them. one was found many trinkets of a jet black fubftance, fome round, others round and oblong, and others of a diamond fhape, &c. all perforated. Probably they were a necklace. There was a thin piece, about two inches broad at one end, and perforated with many holes, but narrow at the other; the broad end, full of holes, feemed to be defigned for fufpending many trinkets, as an ornament on the breaft. The ground where thefe ftone coffins were found was a little raised, with a mixture of small stones and earth, in the form of a barrow or tumulus.

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10

Opinion of Dr Johnfon on the Subject of Vicious Intromiffion.

BEFORE Leaving London this dust which hall entitle him to the

year, I confulted the Dr upon a queftion purely of Scotch law. It was held of old, and continued for a long period, to be an established principle in that law, that whoever intermeddled with the effects of a perfon deceased, without the interpofition of legal authority to guard against embezzelement, fhould be fubje&ted to pay all the debts of the deceafed, as having been guilty of what was technically called vicious intromiffion. The Court of Seffion had gradually relaxed the Arianefs of this principle, where the interference proved had been inconfiderable. In a cafe which came before that Court the preceding winter, I had laboured to perfuade the Judges to return to the ancient law. It was my own fincerc opinion, that they ought to adhere to it; but I had exhaufted all my powers of reafoning in vain. Johnfon thought as I did; and in order to afflift me in my application to the Court for a revifion and alteration of the judgment, he dictated to me the following argument: "This, we are told, is a law which has its force only from the long practice of the Court; and may, there fore, be fufpended or modified as the Court fall thick proper.

Concerning the power of the Court to make or to fufpend a law, we have no intention to inquire. It is fufficient for our purpose that every just law is dictated by reafon; and that the practice of every legal Court is regulated by equity. It is the quality of reafon to be invariable and conftant; and of equity, to give to one man what, in the fame cafe, is given to another. The advantage which humanity derives from law is this, that the law gives every man a rule of action, and prescribes a mode of con

From Bofwell's Life of Johnson.

fupport and protection of fociety. That the law may be a rule of action it is neceffary that it be known;

it is neceflary that it be permanent and ftable. The law is the me fure of civil right; but if the meafure be changeable, the extent of the thing measured never can be fettled.

"To permit a law to be modified at difcretion, is to leave the community without law. It is to withdraw the direction of that public wifdom, by which the deficiencies of pri. vate understanding are to be fupplied. It is to fuffer the rash and ignorant to act at difcretion, and then to depend for the legality of that action on the fentence of the Judge. He that is thus governed, lives not by law, but by opinion: not by a certain rule to which he can apply his intention before he acts, but by an uncertain and variable opinion, which he can never know but after he has committed the act on which that opinion fhall be paffed. He lives by a law (if a law it be,) which he can never know before he has offended it. To this cafe may be juftly applied that important principle, mifera eft fervitus uhi jus eft aut incognitum aut vagum. If intromiflion be not criminal till it exceeds a certain point, and that point be unfettled. and confequently dif ferent in different minds, the right of intromiffion, and the right of the Creditor arifing from it, are all jura vaga, and, by confequence, are jura incognita; and the refult can be no other than a mifera fervitus, an uncertainty concerning the event of action, a fervile dependance on private optnion.

"It may be urged, and with great plaufibility, that there may be intromiffion without fraud; which, how

Wilfon against Smith and Armour.

ever true, will by no means juftify an occafional and arbitrary relaxation of the law. The end of law is protection as wellas vengeance. Indeed vengeance is never ufed but to ftrengthen protection. That fociety only is well governed where life is freed from danger and from fufpicion; where poffeffion is fo fheltered by falutary prohibitions, that violation is prevented more frequently than punithed. Such a prohibition was this, while it operated with its original force. The creditor of the deceafed was not only without lofs, but without fear. He was not to feek a remedy for any injury fuffered; for injury was warded off.

"As the law has been fometimes administered, it lays us open to wounds, because it is imagined to have the power of healing. To puaith fraud when it is detected, is the proper act of vindictive juftice; but to prevent frauds, and make punishment unneceffary, is the great employment of legiflative wifdom. To permit intromiffion, and to punish fraud, is to make law no better than a pitfall. To tread upon the brink is fafe; but to come a step further is deftruction. But, furely, it is better to inclofe the gulf, and hinder all accefs, than by encouraging us to advance a little, to entice us afterwards a little further, and let us perceive our folly only by our deftruction.

"As law fupplies the weak with adventitious ftrength, it likewife enlightens the ignorant with extrinfic understanding. Law teaches us to know when we commit injury, and when we fuffer it. It fixes certain marks upon actions, by which we are admonithed to do or to forbear them. Qui fihi hene temperat in licitis, fays of the fathers, nunquam cadet in illicita: He who never intromits at all, will never intromit with fraudulent intentions.

"The relaxation of the law against vicious intromiffion has been very faourably reprefented by a great mal

ter of jurifprudence, whofe words have been exhibited with unneceffary pomp, and feem to be confidered as irrefiftably decifive. The great moment of his authority makes it neceffary to examine his pofition. Some ages ago, (fays he,) before the ferocity of the inhabitants of this part of the island was fubdued, the utmoft feverity of the civil law was neceffary, to reftrain individuals from plundering each other. Thus, the man who intermeddled irregularly with the moveables of a perfon deceased, was fubjected to all the debts of the deceafed without limitation. This makes a branch of the law of Scotland known by the name of vicious intromiffion; and fo rigidly was this regulation applied in our Courts of Law, that the most trifling moveable abftracted malá fide, fubjected the intermeddler to the foregoing confequences, which proved in many inftances a moft rigorous punishment. But this feverity was neceflary, in order to fubdue the undifciplined nature of our people. It is extremely remarkable, that in proportion to our improvement in manners, this regulation has been gradually foftened, and applied by our fovereign Court with a fparing hand.'

"I find myself under a neceffity of obferving, that this learned and judicious writer has not accurately distinguifhed the deficiencies and demands of the different conditions of human life, which, from a degree of favagenefs and independance, in which all laws are vain, paffes or may pafs, by innumerable gradations, to a ftate of reciprocal benignity,in which laws fhall be no longer neceffary. Men are first wild and unfocial, living each man to himfelf, taking from the weak, and lofing to the ftrong. In their first coalitions of fociety, much c this original favagenefs is retained. Of general happiness, the product of general confidence, there is yet no thought. Men continue to profecute their own advantages by the nearest

way;

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