tains, as it runs nearly due east from the harbour's mouth. We then procured our cargo by drifting the wood down to the brig; and on our return down the river, Captain Feen made another attempt to sound a pass age, in which he happily succeeded so that there is no doubt but any vessel that can cross the bar at the entrance, may go within half a mile of the Falls, and lay at anchor within ten yards of the coal mine. The mountains on the northern shore, where the coal is, are barren, but the rest are gener ally covered with myrtle and pine.Yours, &c. DENNIS M'CARTY."

In addition to the above great discovery of an inexhaustible mine of coal, coal has been found at various places on the isle, and more is likely to be discovered on continuing our researches. Good slate has been found; and a limestone quarry has been opened and worked within a mile and a half of Hobart Town, the mortar from which is extremely good for masons' work, but not so good as shell-lime (which is to be had in the greatest abundance) for the plasterer's use. For the benefit of the farmer, most excellent marle abounds everywhere; and limestone has been discovered in various parts of the country. On Mr Gunning's beautiful estate at the Coal River, lime of a very good quality has been made, and might be carried on to any extent. From these two natural productions, limestone and marle, we derive immediate and future advantages: immediate, from the facility with which lime can be obtained for erecting buildings on the newly-settled farms, and for the improvement of the buildings on the old ;-the fu

ture advantage is, that when the general rich, and highly fertile, soil of the isle should be exhausted by a succession of crops, or a system of bad husbandry, then the lime and marle will be manures of incalculable value. But so very rich and productive is the soil, and so genial the clime to every species of husbandry, that it will be a long series of years before recourse must be had to either one or the other.

These are natural advantages the country of Port Jackson doth not possess, and which will enable the agriculturists of Van Diemen's Land to carry on their concerns with much greater success than the inhabitants of Port Jackson will ever be enabled to do; as neither marle nor limestone have hitherto been found on the eastern side of the Blue Mountains.

We cannot but highly applaud the enterprising mind of Mr D. M'Carty, in exploring these harbours. Scarce had the discovery of them been announced by Mr Kelly, than he resolved to visit them. In his first attempt he was so unfortunate as to lose his schooner at Port Davey. On his return to Hobart Town, his ardour to pursue this object was unsubdued, although he had met with so severe a loss-rising superior to the difficulties he had encountered, and to the hazards and perils he was likely to meet with on a tempestuous and almost unknown coast. He again sailed in his brig, and was so happy as to surmount every obstacle in his perilous voyage, and to return in safety, with a valuable cargo as the reward of his toil.

SALE OF LANDS IN THE THIRTEENTH

CENTURY.

[The following curious Extract, relating to the sale of lands in Scotland in the thirteenth century, is taken from the MS. Chartulary of Kelso, preserved in the Library of the Faculty of Advocates. It is valuable, because it throws some light on the state of property in this kingdom during these dark ages on the manner in which the important contract of sale was conducted on the jurisdiction of the Ecclesiastical Courts, and the prevalence of the Roman Law at this remote period in our Island.]

Vendicio terre in Waldefgate, 1290. OMNIBUS Christi fidelibus ad quos presentes litere pervenerint Thomas de Ravinischer Salutem in Dno. Noverit universitas vestra quod cum ego tanto ære alieno essem oneratus quod creditoribus meis satisfiere non possit nisi terra mea in Waldefgate in villa de Berewyc, quam tunc solummodo habui in manu meâ vendicetur, atque compulsus essem judicialiter per Ballivos Dni Regis et eciam Dni ́Abbatis de Kalchou, modis omnibus ad satisfactionem hujusmodi debitorum con

siderans, quod aliunde pecuniam habere non potui nisi de dicta terra, ipsam terram cum omnibus edificijs et alijs pertinencijs suis ad dictam terram, spectantibus, vel spectare valentibus, jacentem inter terram quondam Stephani de Hose, ex parte orientali, et terram quondam Michel de Abirden ex parte occidentali, per diversas et sufficentes oblaciones factas in curia, ad exoneracionem hujusmodi debitorum, dictis abbati et conventui de Kalchou tanquam capitalibus Dnis ejusdem feodi, vendidi et presenti scripto meo confirmavi pro me et heredibus meis vel assignatis, et jus quod habui vel habere potui in dicta terra cumædificiis et pertinencijs suis pro me et heredibus meis vel assignatis, extunc et exnunc per fustem et baculum merâ et spontaneâ voluntate, in plena curia dicti Dni Abbatis apud Berewyc_sursum reddidi et quietum clamavi pro sexaginta libris sterlingorum mihi pre manibus totaliter solutis, de qua pecunia plene et integre reputo me pro pacato exceptioni non numerate non tradite et non recepte pecunie penitus et expressé renunciando, et si contingat me vel heredes meos contrâ istam vendicionem et quietum clamacionem, seu aliquem alium vice nostra nomine nostro, mandato, consensu, procuracione, vel ratihabicione nostra in aliquo facere vel venire, obligo me et heredes meos ad solucionem quatuor viginti librarum fabrice ecclesie de Kalchou, nomine dampnorum et interesse solvendarum antequam in aliqua lite audiamur. Subjiciens me et heredes meos jurisdictioni et cohercioni Dni Archideaconi Laudonie vel ejus officiali qui pro tempore fuerint, quod possint me et heredes meos sine causæ cognicione et strepitu judiciali per sentenciam excommunicacionis in personas nostras de die in diem fulminandam compellere et cohercere, ad observandum omnia et singula premissa, et eciam quosque eisdem Abbati et conventui de dictis quatuor viginti librarum nomine ecclesie sue plenarie fuerit satisfactum pacto vendicionis hujusmodi nihilominus in suo robore duranturo nullo proponendo obstante. In cujus rei testimonium Sigillum meum presentibus est appensum Datum apud Berewyc die Veneris proximâ post festum Sancti Jacobi Apostoli anno Dni m° cc° nonages. Hijs testi bus-(none added.)

COMMISSIOUN FOR EXAMINATING OF WITCHEIS.

[This and the following article will serve to illustrate the opinions and practice of our rulers in former times, in regard to that singular phenomenon in the history of the human mind-the supposed crime of witchcraft. The documents are sufficiently plain, and do not seem to require, at present, either elucidation or comment. Should we hereafter resume the subject, it may be useful to refer to them.]

(Apud Haliruidhous, Oct. 26, 1591.)

FORSAMEKLE as the kingis Maiestie, with aduyse of the Lordis of his secrete counsale, hes gevin and grantit, and be thir presentis gevis and grantis, his hienes full power and commissioun, expres bidding and charge, to his trusty and weil-belouit counsallouris, Schir Johne Cocburne of Ormestoun, Justice Clerk; Maister David Mckgill of Nesbitt, advocat; As alswa to Mr Robert Bruce and Johnne Dunkiesoun, ministeris; Williame Littill, prouest of Edinburgh; and Johnne Arnot, burges thairof; or ony three of thame coniunctlie; All and sindrie personis, alsweill thame quhilkis ar alreddy convict, or vtheris quhilkis ar detenit captiue, and hes confessit, and sum that hes not confessit; As alswa as ar dilaitit, or that heirefter sal be accused and dilaited, off committing, vsing, and practizing of witchcraft, sorcherie, inchantment, and vtheris divilish divysis, to the dishonour of god, sklender of his worde, perrelling of thair awne saullis, abuseing of the commoun people, and grite contempt of god, his maiestie, auctoritie, and lawis: To call and convene befoir the saidis commissionaris, or ony three of them coniunctlie, as said is, alsoft as neid beis; And thame to try, inquire, and examinat; Thair depositionis to putt in write; and the same to reporte to his Hienes and his counsale, To the effect_thai may be putt to the knauledge of ane assyiss, and Justice ministrat as effeiris; Or sic vther ordour takin with thame as to his Maiestie and his said counsaill sall be thocht maist meit and convenient: The personis wilfull, or refuseand to declair the veritie, To putt to tortour, or sic vther punishment to vse, and caus be vsit, as may move thame to utter the treuth; And generallie all and sindrie vtheris thingis

to do and vse that heirin is requisite to be done; Firm and stable haldand; and for to hald all and quhatsumevir thingis the saidis commissionaris, or ony three of thame coniunctlie, as said is, sall lauchfullie do herein.

(Acta Sec. Conc.)

COMMISSION FOR TRYING JOHN STEWART AND MARGARET BARCLAY, ACCUSED OF WITCHCRAFT.-1618.

JAMES, &c.-Forsamekle as it is vnderstand to the lordis of secrete counsall, that John Stewart, vagabound, and Margaret Barclay, spous to Archibald Deane, burges of Irwing, war laitlie tane and apprehendit be the magistratis of our burgh of Irwing, vpoun most probable and cleire presumptioun of thair practizeing of witchcraft aginis John Deane, burges of Irwing, And procuring thairby the distructioun of the said Johne, and the drowning and perisheing of the schip called the Gift of God, of Irwing, and of the haill personis and goods being thairintill; Lykas the said Johne Stewart, vpoun examinatioun, hes cleirlie and pounktallie confessit the saidis divilishe practizes; and the said Margaret, foolishelie presumeing by her denyall to eshew tryall and pvnishment, doeth most obduredlie deny the treuth of that mater, notwithstanding that the said Johnne constantlie avowis the same vpoun her, and that diuerss vtheris cleir and evident verificationis ar producit againis hir, as in the proces of examinatioun, tane in the mater seene, and considerit be the lordis of our privie counsell, at length is contentit: Quhairfor, necessar it is that Justice be ministrat vpoun the saidis personis, conforme to the lawis of our realme; For quhilk purpois we haif maid and constitut, and be the tennour heirof makis and constitutes, our louittis, John Peeblis, lait provest of Irwing, Alland Dunlop and James Quhyte, bailleis of our said burgh, and John Blair, late baillie of the same, or ony tua of thame conjunctlie, our Justices in that pairt, to the effect underwrittin: Gevand, grantand, commitand vnto thame, or ony tua of thame, our full powar, commissioun, expres bidding, and charge, To call the saidis personis befoir thame, and to re-examyne thame vpoun the said cryme of witchcraft, and vpoun the particular pointis, headis,

and articles alreddie deponit and con-
fessit aganis the said Margaret, and
vpoun sic vther circumstances as may
drawe hir to a discouerie and confes-
sioun of the treuth; and for this effect
to confront hir and the said John
Stewart, and sic vther personis as hes
or can depone aganis her: And gif she
sall continew constant and obdured in
her denyall, with power to thame to
put her to tortur; With
also to
power
thame, or ony tua of thame, Justice
courtis, ane or mae, at quhatsomevir
place or places, and upon quhatsomevir
day or dayis, lauchfull and convenient,
To sett, begin, affix, affirme, and con-
tinew Suittis, to mak, be callit absentis,
to amerchiat vnlawis, escheatis, and a-
merchiamentis of the saidis courtis, to
ask, lift, and raise, and for the same,
yf neid be, to pound and distrenzie:
And in the saidis courtis, the foirsaidis
John Stewart and Margaret Barclay
vpoun pannell to present, be dittay to
acuse, and tham to the knawledge of
ane assyse to put, and as they sal be
fund culpable or innocent of the said.
cryme, to cause Justice be ministrat
vpoun thame for the said cryme, con-
form to the laws of our realme; As-
sysis needfull for this effect, ilk per-
sone, under the pane of xl pund, to
sumond, warne, cheis, elect, and cause
be sworne, clerkis, serjandis, demp-
stars, and all vther officiaris, and mem-
beris of court neidfull, to mak, create,
substitute, and ordain, for whom they
sal be holdin to answer: And gener-
allie, &c.; ffirme and stable, &c.;
chargeing, &c. Gevin vnder our sig-
net, At Ed, the second day of Junij;
and of our Reigne, the 16. and fyftie-
ane yearis. (Sic subscribitur.)

AL. CHANCEL. MAR. BINING.
KILSAYTH.
(Acta Sec. Conc.)

THE

ALLIANCE BETWIXT EARLS OF HUNTLY, MARISCHALL, AND ERROLL.-1543. [The following copy of a treaty of alliance, offensive and defensive, between three Scottish Chieftains, of great pride and potency in their day, has been transcribed from the original paper, in the possession of a gentleman of this city. James V., withstanding his gay and chivalrous manwhose high notions of regal prerogative, notners, proved very offensive to many of his factious and arrogant barons, had died on the 13th of the preceding December, of a broken heart, after the disgraceful rout at

Solway; and a minority, which promised such full scope for the pursuit of feudal ambition or vengeance, was not to be overlooked by a nobility who boasted hereditary claims to more than regal authority in their respective jurisdictions.-Huntly was killed twenty years afterwards in a conflict with the Regent, Earl of Murray at Corrichie; the other two died in their beds.]

The Bond betwix my Lords Erle Marshall and Erroll.

Ar Huntlie, the nyntene day of Februar, the year of God Im Ve fourty and thre (1543) yeires. It is appointit, aggreit, and finaly endit betwix nobill and mychty Lordis, George Erle of Huntlie, William Erle Marscheall, and George Erle of Errol, in maner as eftir followis, that is to say, for observing and keeping of hartlie kindness, according to proximite of bluid, and allya, and for guid rewle to be kepit in the north partis of Scotland, the saidis Erle Marscheall and Erroll sall accompany in allradis, hosting, and conuentionis, with kyne, friendis, and servandis dependand on tham, with the said George Erle of Huntlie; and all thre their actionis and causes sall be ane; and the said Erle of Huntlie sall not do by the saidis William and Georges counsalis, nor pass to nane conuentionne but thair awyss and consent thareto, nor thay inlikwyse by his awyss and consent; and that nother of the saidis Erlis sall purchess by thamselfes, and of thar causing, otheris kindemen, takkis rowmis, teindis, or steddingis, but otheris awysse in tyme cumin; and in case that ony discord or distance happen betuix ony of the saidis Earlis, "thar friendis or servandis, they sall concur incontinently, and cause reformatione be made but violence according to the falt; and that nane of the saidis Erlis sall make equale band but the awyss of otheris; and gif ony insurrectioun ryse within this realme, that nane of tham sall pass thareto, but the awyss of otheris, and sall concur for the commoun weil of the realme and thairselfes; and for the fulfilling and observing of the premisses, all the saidis thre Erles ar suorne and oblist be thair grit aithis, the haly Evangelis tuechit, ilk ane to otheris, and under the painis of infamatè and perjurie; and this present oblissing to indure for thair lyfetymes. In witness hereof, the saidis Erlis hes interchangeably subscrivit this writ with their handis,

day, yeir, and place aboun writin,
befor thir witnesses, Alexander Ogil-
Vy of that Ilk, Patrick Chene of Esil-
mount, Knyght, and Thomas Men-
zies of Petfodellis, Comptrollar, &c.
(Signed) GEORGE, Erll of Huntly.

WYLZAM, Erll Marshall.
GEORGE, Erll of Errol,

LETTERS FROM MONTROSE, QUEENSBERRY, &c. TO GRAHAME OF CLAVERHOUSE.

[The following letters, addressed to the celebrated Colonel Grahame of Claverhouse, afterwards Viscount Dundee, are printed from the originals in the possession of a genMarquis of Montrose, appears to have been tleman in Edinburgh. The first, from the

written about the time that the Duke of York commenced his infamous career in Scotland, during his brother's reign. The second is addressed to Claverhouse by Queensberry and other members of the privy council, under the immediate apprehension of Argyle's invasion, in 1685.]

For the Laird of Claverhouse. SIR,-Yow cannot imagine how overjoyed I should be to have any imployment att my disposall that wer worthy of your acceptance, nor how much I am ashamed to offer yow any thing so far below yo merit as that of being my lieutenant, tho I be fully perswaded that it will be a step to a much more considerable imployment, and will give yow occasion to confirme the Duke in the just and good opinion which I do assure yow he has of yow; he being a person that judges not of people's worth by the ranke they ar in. I do not know, after all this, in what termes nor with what confidence I can express my desyr to have yow accept of this mean and inconsiderable offer; whither by endeavouring to magnifie it all I can, and telling yow yt it is ye first troupe of ye D. of York's regiment, yt. I am to raise in Scotland, and yt. I pretend that non but gentlemen should rid in it, or by telling yow that I am promised to be very quickly advanced, and yt yow shall ether succeid to me, or share wt me in my advancement. I can say no mor, but that yow will oblidge me in it beyond expression. I do not expect any answer to this while I am here; for I do resolve to be at Edin against ye 1st or 2d day of ye next moneth, where if yow be not already, I earnestly entreat yow would be pleased

to meet, Sir, Yot cousin and servant, (Signed) London, Feb. 19.

For Collonell Grame of Clavers. (For his Majestie's special service.) SIR, The Lo. Commissioner shewd yr letter. If there be any danger by horse, it must be from the Border; so propose what yow judge expedient, and writt it to ye E. of Dumbarton. The army is thus posted: the foot, horse, and dragoons, which were wt Lt Gen!! Drumd and Coll Dowglas, are at or near Air; what can be spared from this will goe thither also. The militia, which revendevouzes at Lithgow, are to be posted at Glasgow till they be put in order. Marqs of Athole will have above 3000 in Argylshyr; the Marqs of Huntly some more at Lochness-head, butnot so soon; Athole being already into Argyle. Charles Campbell, sonne to Argyle, is levying in Argyle some heritors; and toward 300 commons have joined him. Argyle keeps ye sea wt 5 ships; the frigats will be with him shortly. The king hath sent commissiones to Coll. Dowglas and you, as brigadeers both of horse and foot: Dowglass is prior in date. Ships by both seas are comeing on Argyle; and some armes, both for horse and foot, are comeing hither by a yacht. Wee hear yt. about 30 horsmen came over ye Border, and returned in few hours. Wee have writt to Feilding, who is deputy governour of Carlyle, to correspond wt yow, and wee desyre yow may wt. him. Lett us hear freqtly, and yow shall have still return from, Sir, Your affectionat friends and servants,

(Signed) QUEENSBERRIE, Com".
PERTH, Cancell.
DUNBARTON.
TARBAT.

Ed". 23 May 1685.

Haste Feilding's letter to him.

LEITH BATH STOVE.

[The following curious old handbill is reprinted literatim, from a copy preserved in the Advocates' Library. It is without pate, but is probably as old, at least, as the beginning of last century.]

many, which is approven by all the Doctors of Physick and Apothecaries in Edinburgh, and elsewhere: As also by all Travellers and Gentlemen, To be a Sovereign Remedy in curing of all Diseases, and for preventing of sicknesses both of young and old, Men, VVomen, and Children, from half-year upward: VVith the help of Doctors of Physick thereto.

The foresaid Bath-Stove will contain twelve or fifteen persons, which will be bathed in half an hour's time after they enter the Bathe. Likewise if they repair as they do to Bathes in other countreyes, this Bathe is able to give content to Fourscore Persons aday.

The Diseases that are commonly Cured by the said Bathe are these; The Hydropsie, the Gout, Deafnesse, the Itch, sore eyes, the Cold, unsensiblenesse of the Flesh, the trembling Axes, the Irish Ague, cold Defluxions inwardly, the Melancholick disease, the Collick, and all naturall diseases that are Curable. Probatem est. The Degrees and Prices of the BathStove.

The first Degree 1. sh. d. for preserving the 00 12 00 Scots. Health....

The second Degree,

for giving or pro- 00 18 00
curing Health,...
The third Degree,
for bringing out

hidden Diseases 01 04 00
out of the Bones
and Inward parts,
Bathing of

For

Maids and Chil-00 06 00 dren,....

For every Cupping 00 04 00

Glasse,

Ye shall have all the dayes of the week for men to Bathe, except Friday, which is reserv'd for Women and Children.

This Bathe is to be used at all times and seasons, both Summer and Winter; and every Person that comes to Bathe, must bring clean Linines with them for their own use, especially clean Shirts.

This Bathe-Stove is to be found in Alexander Hayes Closse, over against the Entry of Babylon, betwixt the Tolbooth and the Shore.