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We noticed, in our paper of last week, the loss of an infant during this very critical passage, with the exception of which melancholy occurrence, Capt. J. had the happiness to land the detachment, with their families, in a state of health, which, from the variety of climates and changes of atmosphere passed through, could not have been hoped for.

Capt. J. recommends to commanders of vessels going to India by the way of Torres' Straits, to keep the land close aboard from their leaving Port Jackson or Van Diemen's Land, anchoring at night, as occasion may direct, when they get among the reefs. A continued chain of sand banks and shoals extends from Cape Grafton, which is in lat. 17 deg. S. to Cape York, which is in lat. 10 deg. 30 min. with numerous narrow passages no more than a mile wide from four to fourteen miles off shore. This passage, Capt. J. observes, is perfectly safe to ships of moderate draft of water, with the exception of the two dangers which he hitherto encountered.

By his Majesty's armed brig Kangaroo, the colony received an increase of inhabitants, by forty male and sixty female convicts; but as the male convicts were the very worst of characters, selected from the gaol gang of Sydney, they had scarcely been twelve hours on shore before several of them were committed to gaol for depredations.

The resources of the Isle of Van Diemen are daily developing; two harbours, by the bold and enterpris ing perseverance of an individual in a whale-boat, have been discovered on the bleak and western shore of the isle. The southernmost of those harbours, named Port Davey, is of the utmost importance to the navigator, as it lies about nine miles to the northward of South-West Cape, and is a most excellent harbour, divided into two arms extending some miles into the country.-On the shores of this harbour are great quantities of the timber named Huon Pine-the superior value of this wood for every purpose of joiners' and cabinet work, from the closeness, regularity, and beauty of its grain, is generally acknowledged-it will also be eminently serviceable in building boats, especially whaleboats, from its lightness, buoyancy, and indestructibility from worms,→ it thus becomes a valuable article to

the architect, boat-builder, and merchant.

To the northward of Port Davey, in lat. 48 deg. 10 min. S. and lon. 145 deg. 30 min. E. is another harbour, named Macquarie Harbour, of very considerable extent, into which a river, that runs a considerable distance through the country, disembogues itself. Unfortunately, at a small distance from the mouth of the harbour, or rather at the harbour's mouth, is a bar that extends across its entrance, having no more than nine feet water over it, which will for ever render it impossible to be navigated but by very small craft. As Mr M'Carty is just returned from thence with a cargo of Huon wood, he has favoured us with the following description of the harbour:—

“Mr PRINTER,-To gratify my own mind respecting the harbour and river lately discovered on the west coast of Van Diemen's Land, known by the names of Macquarie Harbour and Gordon River, I for the second time sailed in my brig (the Sophia) for that harbour. On the fifth day, we came to anchor outside of the bar in seven fathom water, to wait for the tide, as the current runs at the rate of six and seven knots an hour, and there not being more than one and a half fathom water over the bar. Captain Feen, conceiving he could make out a channel, kept the starboard shore on board close in shore. The soundings, after passing the bar, were seven fathoms, then ten, and regularly decreasing to two fathoms at the distance of twenty miles from the bar, where we were obliged to bring up, not having sufficient water to proceed further. From the entrance of the harbour we encountered shoals for the first ten miles, having a very narrow channel between them. We then continued our course up the harbour in a whale-boat: having advanced about two miles further, we found, on the northern shore, a quantity of coal. The first we observed was on the beach, and washed by the salt water-an immense bed, but how deep we could not ascertain. On further inspection, we found the bank from the river was nearly all coal, in strata of six feet thick, then a few feet strata of clay, and then coal again. We much lamented the impossibility of proceeding with the brig to this place. On the following day, we continued our course up the harbour to the entrance of Gordon River: we

computed the distance from the mouth of the harbour to Gordon River to be about fifty miles. Pursuing our course up the river, we arrived at the First Falls (similar to the Falls of Derwent), and which we considered to be fifty miles further inland, through, as we supposed, the western moun

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 passage, 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 generally 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

gen

ture advantage is, that when the eral rich, and highly fertile, soil of the isle should be exhausted by a suc cession 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. McCarty, 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.

ANTIQUARIAN REPERTORY.

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 satisfieri 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 sufficientes 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 cumadificiis 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 cco uonages. Hijs testibus-(none added.)

'COMMISSIOUN FOR EXAMINATING OF WITCHEIS.'

[This and the following article will serve rulers in former times, in regard to that to illustrate the opinions and practice of our 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 Dauid 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 dishonnour 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 punishement 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 heirin.

(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 againis 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 lenth is contenit: 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, committand 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 ar

ticles alreddie deponit and confessit aganis the said Margaret, and vpoun sic vther circumstances as may drawe hir to a discouerie and confessioun 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 hir denyall, with power to thame to put her to tortur; With power also to thame, or ony tua of thame, Justice courtis, ane or mae, at quhatsomevir place or places, and upon quhatsomevir day or dayis, laurchfull and convenient, To sett, begin, affix, affirme, and continew Suittis, to mak be callit absentis, to amerchiat vnlawis,escheatis, and amerchiamentis 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, conform to the laws of our realme; Assysis needfull for this effect, ilk persone, under the pane of xl pund, to sumond, warne, cheis, elect, and cause be sworne, clerkis, serjandis, dempstars, and all vther officiaris, and memberis of court neidfull, to mak, create, substitute, and ordain, for whom they sal be holdin to answer: And generallie, &c.; ffirme and stable, &c.; chargeing, &c. Gevin vnder our signet, At Ed, the second day of Junij; and of our Reigne, the 16. and fyftieane yearis. (Sic subscribitur.)

BOND

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

OF ALLIANCE BETWIXT THE 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 yeir of God Im Ve fourty and thre (1543) yeiris. It is appointit, aggreit, and finaly endit betwix nobill and mychty Lordis, George Erle of Huntlie, William Erle Marscheall, and George Erle of Erroll, 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 all radis, 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 conuentioune 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, thay 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 athis, 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 thair handis,

day, yeir, and place aboun writin,
befor thir witneses, 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 Erroll.

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 gentleman in Edinburgh. The first, from the Marquis of Montrose, appears to have been 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 Claverhous.

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 farr 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 asure 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 it 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 1 do resolve to be at Edin! against ye 1st or 2d day of ye next moneth, where if yow be not already, I earnestly intreat yow would be pleased

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