And the Duke again upon the field, But yet, while Brunswick's princely line Peace on our city walls,- And we have yet another cup And, like true knights, we'll drink it up- Though years have pass'd since last with cheers The glad word could be said,- Drink, and, with three-times-three, my boys! "The Queen-Queen Adelaide !" Then bless, &c. LITERARY CHIT-CHAT AND VARIETIES. THE third volume of the Rev. Dr Russell's Connexion of Sacred and Profane History is preparing for publication. Narrative of a Second Visit to the Waldenses of the Valleys of Piedmont, with an Introductory Enquiry into the Antiquity and purity of the Waldensian Church, and some Account of the Ediets of the Princes of Piedmont, and the Treaties between the English Government and the House of Savoy, by William Stephen Gilly, M.A. Prebendary of Durham, is announced. The Life of Archbishop Cranmer, by the Rev. Henry John Todd, M.A. is in the press. Letters on the Physical History of the Earth, addressed to Professor Blumenbach, by the late J. A. de Luc, F.R.S., Professor of Philosophy and Geology at Gottingen, translated from the French, with an introduction in vindication of the author's claims to originality upon some points in geology, by the Rev. Henry de la Fitte, A.M., is preparing for publication. Lady Morgan is preparing for publication a new work on France, under the title, " France in 1829-30." We perceive that Messrs Colburn and Bentley are to publish the following works during the present month:-1. The Life and Correspondence of John Locke, by Lord King; second edition, with considerable additions, 2 vols. 8vo.-2. The Second Volume of the Life of the great Lord Burghley, by the Rev. Dr Nares.-3. Conversations of James Northcote, Esq. R.A., by W. Hazlitt, Esq., 1 vol. small 8vo, with a remarkably fine portrait of Mr Northcote.4. Musical Memoirs, by W. T. Parke, forty years principal Oboist at the Theatre Royal, Covent Garden, 2 vols.-5. Captain Frankland's Travels to Constantinople; second edition, 2 vols. 8vo, with 38 engravings, price 248.-6. The octavo edition of Mr Buckingham's Travels in Assyria, Media, and Persia, 2 vols.-7. The octavo edition of Mr Crauford's Narrative of a Residence at Siam, 2 vols. › -8. A New and Revised Edition of Mr Carne's Letters from the East, 2 vols.-9. A Fifth Edition of the Conversations of Lord Byron with Thomas Medwin, Esq. during a Residence at Pisa, 2 vols. small 8vo, uniform with the Works, price only 4s. 6d. per volume. SOCIETY OF CLAN GREGOR.-In our article in a late number, on the Assembly's schools, we alluded to the Clan Gregor Society. At the period of the late King's visit to Scotland, in 1822, the Clan Gregor attended the summons of their chief in considerable force. As commemorative of that event, a Society was instituted in the De cember of the same year, for the purpose of "extending to the poor of the Clan Gregor the blessings of a sound and Christian education." Its chief object was stated to be, to assist in the edu cation of young men bearing the names of Macgregor, Gregor, Gregorson, or Gregory," who give indication of genius and talent, and who intend qualifying themselves for any of the learned professions, for the army or navy, or for mercantile pursuite." At first, the attention of the Society was confined to affording bursaries at one or other of our universities, to young men answering this description,-but it soon occurred to the respectable gen. tlemen who took the chief share in the management, that the diffusion of education through the body of the clan, was of more importance, than raising a few above their original station in the world. A resolution was passed in May 1829, limiting the bursaries to three of L.10, or four of L.7, 10s. each year. The receipts of the Society since its institution, amount to L.1273. There has been expended towards the promotion of its object L.360, leaving in the Society's possession L.915. As soon as the permanent fund of the Society amounts to L.1000, it is, for greater security, to be invested in land. To students in medicine and divinity, the Society has, since its institution, afforded the aid of seven bursaries. Besides this, it has enabled the parents of 49 children to procure for them an elementary education, which would otherwise have exceeded their means. It is pleasing to entwine this new and honourable association with the name of the Clan Gregor. NEW BILLIARD ROOMS.-The game of billiards is a gentlemanly and pleasant recreation, but public billiard rooms are in general so promiscuously attended, that many persons are deterred from entering them at all. It gives us pleasure, therefore, to be able to mention, that Mr Brown has recently opened billiard rooms above his excellent reading rooms in George Street, which, from the select and respectable footing on which they have been placed by the proprietor, are likely to be patronized by private gentlemen who take an interest in this scientific amusement. The tables, of which there are two, are patent iron-bed tables of the best description, and all the " appliances and means to boot," are of the handsomest and most convenient kind. We are not acquainted with any other establishment of this kind in Edinburgh, where one is so sure of being free from vulgar and impertinent intrusion. PORTRAIT OF WILLIAM IV.-The Proprietors of the New North Briton have published a cleverly engraved portrait of his present Majesty, of which about 8000 copies have been sold. We understand that the head is from a sketch taken by one of the members of his Majesty's household. The print affords a pleasing and animated representation of the King. It is to be followed in a few weeks by a similar engraving of her Majesty Queen Adelaide. CHIT-CHAT FROM GLASGOW.-The Clyde Regatta of the Northern Yacht Club was inferior to that of last year, in consequence, no doubt, of the detestable weather. The Regatta on Lochlomond was, however, beautiful; and if Lieutenant Mackenzie's prognostications of the weather for August may be in aught believed, our Regatta here will be splendid. Prodigious preparations are making for it, as In addimight indeed be inferred from the rage for checque shirts. tion to the cups subscribed for, and those given by Mr May and Captain Thomas Blair,-the gentleman so beautifully and deservedly eulogised by the muse of Allan Cunningham in the last Number of the Journal,-many private matches for considerable sums are to be decided. A bet of fifty pounds a-side is thought nothing of. There can be no doubt, that in moderation, nautical sports are highly praiseworthy, for besides their harmlesstest and salubrity, they teach a degree of skill that in emergencies may be exceedingly useful. The estimable Rector of our Grammar School, and two young gentlemen, were lately drowned off Roseneath, from a want, it is said, of nautical experience. Upon this melancholy event some strong and touching lines have been written. A copy of the little work which contains them, and which was printed only for private circulation, is sent along with this. It is said to be from the pen of an English clergyman of much talent, but not without some of the eccentricities of genius.-Nothing new has been doing here in the literary world. The Shamrock, so long announced, is not to appear till Weekes, its fat and funny editor, comes down to star it at one of the theatres. A still more. weighty attraction in the person of Mademoiselle D'jeck is at present in Dunlop Street with Alexander. Seymour has had a star from the Western hemisphere, one Mr Adams, of New York, who played Hamlet, Rolla, and William Tell, pretty respectably. The patent question is not yet finally settled. It would be better were it to end in our having no patent at all, but a fair competition in theatricals as in calicoes.-Our Exhibition opens on the 9th of August, and is expected to be good. CHIT-CHAT FROM LONDON-Thomas Hood is preparing a little volume to be called "Epsom Races," as a companion to his "Epping Hunt." In his announcement, he says, "Due notice of the time of starting will be given by public advertisement,--and to avoid any thing oxalic, be sure to ask for Hood's Epsom."-The complaints have been loud and general of the mismanagement in the arrangement of the procession at the late king's funeral ;-we do not know to what functionary the blame is to be attributed.-We find in the newspapers the following piece of twaddle :-" Several of our best sea songs are said to have been composed in honour of his present Majesty when serving in the navy." Where are they?-The villa of a certain eminent dentist in the Regent's Park, has been classically distinguished by the name of Tusculum.-The expedients adopted to attract attention to various advertisements in the London newspapers is often very amusing. Warren heads his, " Advice withoût a Fee;" another begins Farewell! a long farewell to-tender feet!" a third is mysteriously entitled-" Midnight Visitors," which turns out to relate to the celebrated" C. Tiffin, Bug-destroyer to his Majesty!"" in whose family the art has been confined for near 100 years;"-a fourth announces "the Adelaide Habit-shirt, patronized and purchased by her Majesty :"—a fifth commences in these magnificent terms-"The acme of nonpareil patent metal studded boots and shoes, excelling all others, superseding metal heels, nails," &c. ¡—and amidst a host of quack medicines of all sorts, and adapted to all constitutions, we find that new and inestimable one-" the concen trated disinfecting solution of chloride of soda and of lime.”—Chantrey has nearly finished a very fine bust of his present Majesty. This eminent sculptor is also employed upon a colossal statue in marble, nine feet high, of the late King in his royal robes, for Windsor Castle, a cast of which in bronze is also in progress for the city of Edinburgh.-According to the local papers, the King is to be in Dublin, Edinburgh, London, Windsor, and Brighton, at one and the same moment,-and this partition of his Majesty among his subjects may be expected in about a month!-The sporting world will be glad to learn that Fanny Kemble won the maiden plate, value L.50, at the Bridgenorth Races on the 7th inst, THEATRICAL GOSSIP.-Kean took his farewell benefit, precious to his departure for America, on Monday last, at the Italian Opera, which he engaged for that evening. The night's entertainments consisted of the 4th act of "Richard the Third," the 4th act of the "Merchant of Venice," the 5th act of "A New Way to Pay Old Debts," the 24 act of "Macbeth," and the 3d act of "Othello." Mr Kean was assisted by a number of his professional brethren, among whom was Miss Jarman, who made her first and only appearance in London this season in the part of Desdemona. In the 4th At act of the "Merchant of Venice," Mr Hooper played Gratiano. the conclusion, Kean delivered a farewell address to a numerous and cordial audience.--A new melo-dramatic piece, called "The Skeleton Lover," has been brought out at the Adelphi. The music is by Rodwell, and is said to be good.-The author of "Black-Eyed Susan" has written another piece for the Surrey Theatre, called "The Press Gang:"-by the aid of T. P. Cooke's acting, it has been quite successful.-At the Haymarket, a new piece, called “ The Force of Nature," and at the Tottenham Street Theatre, another, called Metempsychosis," have been successful.-Fanny Kemble has been performing in Dublin without exciting a very high degree of enthusiasm.-Miss Paton has been giving concerts in Limerick; and it is said that the conductors of the different Musical Festivals for the ensuing season have declined availing themselves of her services. She has our sincere pity.-Miss Ellen Tree seems to be much thought of in Liverpool.-Miss Foote has been performing at Cheltenhamn, and she is engaged for Drury Lane next winter. Does Mr Lee think that Miss Phillips as his prima donna in tragedy, and Miss Foote in eomedy, will be sufficiently powerful? Are they not both stars of but ineffectual fires ?-Mathews has been at Brighton.-We regret to learn that Jones has hitherto had but indifferent houses at Perth: we hope they will improve.-Ryder is at present at Cupar, where he has been drawing good houses, first with the assistance of Mackay, and at present with that of Pritchard, who arpears to be a great favourite with the Fife folks. A critic in the Fife Herald says of him: -"Graceful, pathetic, and full of energy, he embodies the best conceptions of our most poetical dramatists, with an effect almost unsurpassed."-A new version of " Don Giovanni," with all the original music, has been brought out this week in a very creditable style at the Caledonian Theatre.-Mr Murray, who was in Edinburgh a few days ago, has returned to London to complete his arrangements for next campaign. Workmen are already busy in the Theatre Royal, and we understand that it is in contemplation to give the exterior an entirely new facing. TO OUR READERS. We are making preparations to add regularly some pages to each Number of the LITERARY JOURNAL, but a week or two must elapse before we get our arrangements perfected. In the meantime, our next Number will be at least as large as our last was, and will, perhaps, be entirely a double Number.-We take this opportunity of intimating again, that the Edinburgh Literary Gazette being now discontinued, the LITERARY JOURNAL is sent instead to all the former subscribers to that paper by whom it is not countermanded. TO OUR CORRESPONDENTS. REVIEWS of Galt's Southennan, Pitcairn's Criminal Trials, Part VI., Lives of British Physicians, and several other new Works, are unavoidably postponed til our next. We shall endeavour to give a place to The Past," by ¶¶ J." of Glasgow, and "A Sketch, by "W." in our next SLIPPERS.-The favours of several of our poetical friends, though in types, are unavoidably postponed.-We regret that we shall not be able to find room for the following Poems, though some of them are pot without merit: "To my First Grey Hair, "-" To J. M."-" Anua," by " P. S." of East Lothian,-" To Eliza," by " W. S."-the Verses from Elgin, and "The Outlaw's Anniversary,” by “ J. B." We beg to mention to our contributors that we cannot undertake to return short pieces, either in prose or verse, which may not be inserted. THE EDINBURGH LITERARY JOURNAL; OR, WEEKLY REGISTER OF CRITICISM AND BELLES LETTRES. No. 90. LITERARY CRITICISM. SATURDAY, JULY 31, 1830. A General View of the Progress of Ethical Philosophy, chiefly during the Seventeenth and Eighteenth Centuries. By the Right Honourable Sir James Mackintosh. Being the Second Dissertation prefixed to the Seventh Edition of the Encyclopædia Britannica. Edinburgh. Adam Black. 1830. 4to. We have not met for a long time with a work which we have perused with more unmixed satisfaction than the present. Its veteran author adds, to a naturally strong and carefully educated mind, all that glow of moral enthusiasm, which is so seldom found except in youth. He is one of the few who, to use the words of the German poet," do not pay for wisdom with their heart, but unite the man of the world's searching glance to the feeling of the enthusiast." His Dissertation is what a popular work ought to be-intelligible to every one who reads it with due attention, but neither shallow nor flashy. We trust, that after this decided expression of our high esteem both for the author and his work, we shall be believed, when we say that, in endeavouring to point out, along with its excellences, those opinions in which we differ from Sir James, as well as what have occurred to us, upon mature reflection, to be defects in his plan, or its execution, we are not guilty of arrogance towards one to whom we look up, although we state our mind freely even to him, and without any continually recurring flourish about deference and modesty. The work is divided into seven sections. In the first, we find some general reflections upon the nature and objects of moral science. The second is devoted to a retrospect of ancient ethics. The third reviews the ethics of the scholastic period. The fourth commences the history of modern ethics, beginning with Hobbes and Grotius the latter the best authority for the prevailing notions on morality in his time-the former the person who gave the first impulse in the new career of investigation. In the fifth section, we have a history of the controversies concerning the moral faculties and the social affections to which the writings of Hobbes gave occasion. This Sir James presents to us in the form of sketches of every individual author who materially forwarded the controversy to a satisfactory termination. The list commences with Cumberland and Cudworth, and closes with Edwards and Buffier. In the sixth section, we have sketches of the labours of those authors who have contributed to lay the foundation of a theory of ethics more just, in the author's estimation, than any that preceded it. This list commences with Butler, and closes with Brown. The seventh and last section is devoted to some general remarks on the extent to which the field of ethics has been explored, and an exposition of the author's reasons for hat embracing the German moralists in his outline, and for declining to undertake the history of Political Philosophy. The first remark that occurs to us regarding the plan of this work is, that it is precisely the kind of task, the PRICE 6d. execution of which is calculated to draw out to the best advantage the peculiar talents of Sir James. He is more of a scholar than an original thinker. We do not mean opinions which seem to him most just. On the contrary, to say that he is merely able to select from books those we know few more ready, as soon as the hint is given him, to enter upon a train of original, sound, and ingeHis mind is not one of those which seeks after truth nious thought. But he needs some originating impulse. from an inborn anxiety to discover it; but when once his energies have been directed in the search by the contagion of example, he brings to the task powers of the very high est order. There is another point of view in which we may regard this original conformation of his mind and its consequences. In the course of his remarks upon the different authors, he throws out views, which, although suggested by their discussions, are essentially his own. Take all the topies which, from first to last, in the course of his Dissertation, he thus elucidates, arrange them systematically, and you will find them an able theory of morals, exhausting the most of the leading phenomena. But we doubt whether, if Sir James had set himself down to compile a system of Ethics, it would have been so complete. The one-half of the topics would have escaped him, their importance being only present to his mind when suggested by a controversy. The result of these observations seems to us to be, that Sir James's mind is essentially that of a commentator, although he brings to the task such a rich and original vein of thinking, that in him the character is almost raised to an equality with that of an original author. Our next remark is, that although his distinctions are in general at once fine and just, we know many who equal him in this respect. It is in his strong sense and ́ nervous style that his pre-eminence chiefly consists. Hence, we are not so much struck with his really admirable and satisfactory abstracts of the different systems, as with his condensed and glowing pictures of the characters of their authors. One general objection we have to the execution of the' work ;-it is too exclusively, in that part of it which relates to modern ethics, a history of the English school. Among French authors, he notices only Bossuet, Fenelon, Malebranche, and Buffier; among the German, only Leibnitz. Now, properly speaking, if he had applied the same rigid rule of exclusion throughout, which he has followed with our own countrymen, of the Frenchmen here named, Malebranche was the only one entitled to a place. But the science of ethics in modern times, no more than any other science, has had its form and growth' in one country alone. Whether it have made great or little progress, it has made it by the joint efforts of the philosophers of all nations, and every influential labourer was worthy of a place. Two causes entitle an author to notice in the history of a science,—his discovering an important truth, or his having succeeded in giving his opinions a wide and lasting influence upon the minds of men. Regarded in either point of view, both France and Germany have produced men who ought not to have been passed over. Rousseau, Diderot, Wolf, Thomasius, and Kant, have exercised too wide a sway over the minds of men, to be entirely omitted in a history of Ethics. Sir James Mackintosh is not the man to exclude them, because he disapproves of the tendency of their speculations. He knows that the narrative of the heretic forms as indispensable a portion of church history as that of the martyr. He apologises, it is true, for not entering into the history of the modern German school; and we willingly admit, that one who has so many and important duties to perform, is entitled to plead want of time. But this apology only suffices to excuse him for not completing his task; our present objection is, that he projected it originally on too narrow a scale. With regard to the details of the work, there are only two instances in which we essentially differ from Sir James. The first is in his estimate of Grotius; the second, in his estimate of Dugald Stewart. Both Stewart and Sir James have forced Grotius into their Dissertations on the Progress of Intellectual and Moral Science, and both agree that he has done little to forward either. But in doing this they have unaccountably shut their eyes to the character of his great work, and the results it has produced. The treatise," De Jure Belli ac Pacis," is neither a moral nor a metaphysical work, it is strictly and exclusively a work on jurisprudence. The great aim of Grotius was to compile a code of consuetudinary international law. Like every true lawyer, his object was to seek for and apply the positive precept; to the dictates of abstract justice, to the theory of morals, he only applies for illustration or for analogies. Like all labourers in one department of science, who seek an argument from another, he takes it on the word of its professors. It was not even his object to establish a philosophy of law which approaches more nearly to morals; he found the law which in former periods had, with more or less strictness, regulated the intercourse of nations, falling into neglect, and he published an elaborate and elegant digest in defence of it. The fruits of his labours are not to be sought in the increased precision of scholastic language, in improved methods of enquiry and ratiocination, but in the bustling field of active life, in the higher and nobler tone of modern diplomacy, in the better faith of states and rulers. That these are even yet susceptible of improvement, is a melancholy fact; but that they are so good as they are, we owe mainly to Grotius. If he had done no more than banished the audacious openness with which kings and ministers in his day avowed the worst principles of Machiavel; if he had produced no better recognition of virtue than that which vice pays her under the form of hypocrisy, even this small step would have been a gain. We said that we dissented from Sir James's estimate of Dugald Stewart; we might have said more broadly, that when he comes to speak of his contemporaries, his step is more vacillating, his opinions less satisfactory, less decisively announced. This we can easily account for. We recognise with reluctance the defects of those we love. In reading modern works, we are left to form our own opinion of them; in perusing the writings of our ancestors, we enjoy the benefit of a running commentary of the judgments of all their successors, serving to correct or to confirm our own. In one point we agree with Sir James in his estimate of Stewart-" his disciples were among his best works." It is to the number of eminent men in whose education he had a share, and to the affectionate reverence with which they looked up to him, that Stewart is indebted for his fame. He had read much (too much), and he commented elegantly and pleasingly upon the objects of his studies, but he has not left one original discovery of importance on record, and his style, elegant and flowing, is the very worst model of philosophical writing. Dr Brown, his successor, a far more powerful mind, has, on the contrary, been scarcely heard of. He erred in the opposite extreme from Stewart. The one read too much, and the other read nothing. Hence, while his specula | tions display the utmost subtlety, and whilst they bear upon them that great source of attraction, the genuine racy stamp of originality, that mark by which we know a truth to have been elaborated by the workings of the author's own mind, he has not materially advanced his science. Instead of starting from the vantage ground gained by his predecessors, he insisted upon walking over for himself the road they had already left behind. May these two extremes be a warning to metaphysicians, when Scotland shall again produce such beings! Criminal Trials, and other Proceedings before the High Court of Justiciary in Scotland. Edited by Robert Pitcairn, W. S., &c. Part VI. Edinburgh. William Tait. 1830. It THIS is by far the most interesting and ably executed number of Mr Pitcairn's work that has yet appeared. It contains the most striking proceedings in the Court of Justiciary, from March 1609, till July 1611. We find among them, besides the average quantity of commonplace trials such as were the staple employment of the tribunal at that period-five in particular, in which courses of criminal action are developed, extending their influence over wide districts, embracing in their execution a long tract of time, and corrupting by their diffusion the very essence and organization of society. would seem, too, that the registers of this date have become more full than those from which our Editor derived the materials of his earlier fasciculi, for we can now trace with tolerable precision the course of the judicial proceedings, discover what kind of evidence was deemed admissible, and the manner in which it was adduced; the legal doctrines maintained by the advocates, and the talents of each of them; the functions of the judge and jury; and, in short, every thing that is requisite for enabling us to form an accurate notion of the form of trial in those days. In addition to all this valuable matter, the indefatigable research of Mr Pitcairn bas accumulated a mass of interesting documents, serving to throw a light on the previous history of the principal offenders, which materially illustrates the state of police, and the general state of civilisation in the country at the time. The five trials to which we have alluded above, are those of Sir James Makconeill, in 1609; of John, the seventh Lord Maxwell, in the same year; of the Earl of Orkney, in 1610; of Mure of Auchindrane, in 1611; and of two bands of pirates, brought to justice in July and December 1610. We present our readers with a brief outline, not of the trials, but of the crimes of each of the delinquents, as a foundation upon which we wish to rest some general remarks, not altogether unimportant. Of 1st. Sir James Makconeill of Knokrynsay and Kintyre, was one of the chiefs of a clan, whose feuds with the Macleans long desolated the Western Islands, the time of his birth nothing precise is known. In January 1597, we find him in company with his brother, a certain laird of Loupe," and a number of armed followers, assaulting the house of his own father under cloud of night, in order to get possession of the persons of two sons of the "Tutor of Loupe," who were on a visit to old Makconeill. Unable to break open the doors, he set fire to the house, although both his parents were at the time within it. His father, on rushing out from the flames, was treated with great cruelty, and kept for a considerable time in irons. Sir James's next exploit, was a feud against Maclean in Islay in 1598, when his opponent fell, with men on both sides to the number of 150. Some time afterwards (but the precise date does not appear) he was apprehended and imprisoned in the castle of Blackness, from which he attempted to escape in 1604. Being removed for greater security to the cas tle of Edinburgh, he attempted to escape thence also in 1606, and in December 1607, he managed, in company with Lord Maxwell, to get beyond the limits of the for- attempted, but in vain, to settle his differences with the tress, but having sprained his ankle in leaping from the family of Johnstone, he was beheaded at Edinburgh the outer wall, he was again seized. In May 1609, he was 18th of May, 1613. Maxwell seems to have been of a put to trial for burning his father's house in Kintyre, and turbulent disposition, and not generally liked. But with for violent effraction from the castle of Edinburgh, found regard to the criminal and apparently treacherous act for guilty, and sentenced to be beheaded. The sentence was which he suffered, it deserves to be remarked, that when not, however, carried into execution, for in the beginning the quarrel arose between the servants of Johnstone and of 1615, he made his final escape, and although hotly pur- himself, a shot was fired by one of them, immediately sued by the Earl of Tullibardine and Archibald Campbell, after which Johnstone turned and galloped towards the he reached Kintyre in safety. The subsequent order of combatants, while Sir Robert Maxwell attempted to seize his proceedings does not well appear, but ere much time the bridle of the horse which Lord Maxwell rode. Now, had elapsed, he had sent the fiery cross through Kin- assuming for a moment that Maxwell came to the meettyre, collected a considerable force, seized and manned ing without any treacherous intention, were not these several large boats, taken the castle of Dunivaig, and incidents sufficient to alarm him, and provoke an act of vioestablished a footing in several of the Hebrides. Helence-more particularly, as he knew the troops sent by was, however, beset by the king's forces, again taken the Privy Council to apprehend him were then in the and committed to Edinburgh Castle, whence he once neighbourhood? It remains to enquire, what are the more escaped, and fled into Spain, leaving his brother grounds for supposing that he came with a treacherous Angus to be hanged, and his followers to turn pirates. intention to the meeting? In the first place, he came In 1620, he was recalled, had a yearly pension of one thou-armed with firearms, while his rival had only his sword; sand merks sterling allowed him, and resided at court till his death in 1626. Sir James appears from this sketch to have possessed a prompt and energetic, though turbulent mind. He was able to write a good letterrather a rare accomplishment in those days; and one of his most pressing enquiries after his escape in 1615, is after some books he had been obliged to leave behind. He kept up a good correspondence with the Bishop of the Isles, and some of the principal nobility. His outrages are those of a man who, as head of a strong faction, was virtually placed, by the imperfect police of the country, in the situation of an independent petty sovereign. His virtues are those of a strong mind; his vices the resalt of his never having been subjected to control. belief that the crime was aggravated by its being an act of premeditated treachery, we may again notice Lord Maxwell's solemn and dying declaration. but Johnstone was in his own country, and at peace with the government, while Maxwell was on his enemy's lands, and a proscribed 1an. There had been no previous stipulation respecting the arms to be carried by the parties. In the second place, it is said in the indictment that the two bullets were poisoned. But, knowing the character of these instruments at that period, and seeing that no proof was led to this point, we can only look on the allegation of poisoning as one of the embellishments in which public prosecutors then so freely indulged. Lastly, the two witnesses who depone to the circumstances of the murder, state their suspicions that it occurred in consequence of a preconcerted arrangement between Maxwell and his servant. But suspicions are no 24. John, the seventh Lord Maxwell, was brother to proof; and it must be remembered, that one of these witthe first Earl of Nithsdale. His family were attached nesses was the confidential retainer of the murdered man; to the Catholic religion, and his father had been implica- the other closely connected with him, and, by his own ted in most of the struggles of the retainers of that an- account, not on good terms with Lord Maxwell. In adcient faith to restore it to the ascendency. The old gen-dition to so many circumstances, tending to weaken our tleman fell in the battle of Dryfe Sands, in 1593, by the hands of Sir James Johnstone, and, according to Spottiswood, with some aggravating circumstances of inhumanity. Lord John, after his father's demise, trode in the steps of all his predecessors, and from 1598 till 1602, he was continually at the horn. In 1602, he set fire to the house of Dalfibbel, and slew several of its inmates. The arm of the law at length laid hold of his Lordship, and he was committed to the Castle of Edinburgh; out of which he broke in December 1607, along with Sir James Makconeill, but, more fortunate than his companion, he got clear off. Maxwell took up his residence in Galloway, where, finding himself hard treated by the king's troops, he sent for his kinsman, Sir Robert Maxwell of Spottes, who was connected by marriage with Sir James Johnstone; and requested his mediation to bring about au agreement between him and that gentleman. By Sir Robert's means, a place of meeting was fixed, to which they repaired, each attended by a single servant. During their colloquy, a quarrel took place between the domestics, who were left at some distance; and Johnstone, riding off to separate them, was shot by Maxwell, to whom his back was turned at the moment. Sir Robert Maxwell and the servant of Johnstone swore, when exsamined, that they believed Lord Maxwell's servant to have sought the quarrel in consequence of a previous arrangement with his master, in order to afford him a pretext for murdering his hereditary enemy; but this his Lordship denied at the moment of his death. Lord Maxwell made his escape at that time, but was tried in absence, found guilty, adjudged to suffer death, and his estates to be confiscated. In 1612, he returned to Scotland, but was so hard pressed on the Borders, that he was about to embark for Sweden, when he was dissuaded from the project by hiskinsman the Earl of Caithness, who lured him to Castle Sinclair, and delivered him up to the officers of justice. Having 3d. Patrick, Earl of Orkney, was tried in August," 1610, for a long tract of oppressive conduct towards the inhabitants of the islands from which he took his title, rendering him amenable to the law, at once for forcible conduct towards the subject, and for treason towards the sovereign. The details of these misdeeds are not given' by Mr Pitcairn in the present number, as they will come more fitly under the trial of the Earl's equally criminal agents; but enough appears from what is given, to show that, from the year 1590 till 1610, he had usurped the power of an arbitrary sovereign, and used it with the wildest and most barbarous license. Justice at last overtook him, and he was executed at the market-cross of Edinburgh, in February 1614. 4th. John Mure of Auchindrane, and his son James, had taken a prominent part in the mixed scenes of intrigue and violence which, at the beginning of the 17th century, convulsed Ayrshire. They were the principal instigators of Kennedy of Barganie in his attempt to raise himself above the Earl of Cassilis. But it is with their private crimes that we have at present to do; and this allusion to their share in public broils is only with a view to recall to the reader's memory the violent character of the period of Scottish history which gave the tone and temper to such characters. Old Mure had conceived a deadly hatred against Sir Thomas Kennedy of Cullayne, which had, however, been glossed over by a formal reconcilement. In 1597, Sir Thomas sent a letter to the man whom he now believed his friend, intimating his intention to take a journey to Edinburgh, and appointing time and place where Mure might meet him with any commissions he desired to intrust to him. Mure sent back the boy who carried the letter, with strict injunctions to |