door would not suffer him to pass, but actually bit his leg to prevent him. As the servants had never seen the dog do so before, and the same young man had been often with them, they could not conceive what could be the reason for the dog's conduct. However, when they saw the end of a valuable bridle peeping out of the young man's pocket, they were able to account for it, and upon the young man giving the servants the bridle, &c. the dog left the middle of the stable door, where he for some time had stood, and allowed him to go out.

strong argument, and not easily refuted. After some hesitation his offer of mediation was accepted, and the feud amicably and finally settled. The other instance happened about the same time, in a contest between the Macdonalds of Glenco, and the Breadalbane men. The former being on their return from a foray, in the low country, attempted to pass through Breadalbane without giving due notice, or pay the accustomed compliment to the Earl, who had a short time previously been raised to that rank. A number of his lordship's followers, and a great many others who were assembled

One of the servants of the Viscount of Arbuth-at,the castle of Finlarig, to celebrate the marriage not, at Hatton, in the parish of Mary Kirk, one of his lordship's estates, went out one morning, and found a man that they knew, and that lived a few miles distant, lying on the road a few yards from the stable, with a number of bridles, girths, &c. &c. near him, and the house dog, which was of the Highland breed, lying also at his ease, holding the seat of the man's breeches in his mouth. The man confessed his crime, and told them that the dog had struggled with him and held him in that situation for five hours; but that immediately after the servant appeared the dog let go his hold.

LATE USE OF BOWS AND ARROWS.

Among the last instances of bowmen in the Highlands were two which occurred in the reign of Charles II. After a long and protracted feud between the lairds of Mackintosh and Lochiel, commencing in a claim of the former, to lands held by the latter, Mackintosh, to enforce his claim, raised his clan, and, assisted by the Macphersons, marched to Lochaber with 1500 men. He was met by Lochiel with 1200 men, of whom 300 were Macgregors. About 300 were armed with bows. When preparing to engage, the Earl of Breadalbane, who was nearly related to both chiefs, came in sight with 500 men, and sent them notice that if either of them refused to agree to the terms which he had to propose, he would throw his force into the opposite scale. This was a

of a daughter of the family, enraged at this insult, instantly rushed to arms, and following the Macdonalds with more ardour than prudence, attacked them on the top of a hill, north from the village of Killin, where they had taken post to defend their cattle. The assailants were driven back with great loss, principally caused by the arrows of the Lochaber men. It is said that nineteen young gentlemen of the name of Campbell, immediate descendants of the family, fell on that day. Colonel Menzies of Culdares, who had been an active partizan under the Marquis of Argyle, and the covenanters in the civil wars, and whose prudent advice of attacking in flank the hot headed youth despised, had nine arrow wounds in his legs and thighs.

The yew was the common material of the bows of the Highlanders.

Mr. Gilpin observes, 66 serve to give it an air of POWER OF THE DUKES OF ATHOL. consequence." The fortress is entered by a gate at the bottom; and within the rampart, which deThe family of Athol possessed great power and fends the entrance, is the guard-house, and lodgings many superiorities in Perthshire; and when they for the officers; from hence the ascent is by a held their courts of regality at Logierait, their long flight of stone steps to the part where the followers, to the number of nearly a hundred genrock divides: here is a strong battery, barracks tlemen, many of them of great landed property, for the garrison, and a reservoir always filled with assembled to assist in council, and as jurymen, water above these, on the lower summit, are on such trials as it was necessary to conduct on several batteries, which command a most exten- this principle. And as these gentlemen were acsive range. According to Pennant, the Britons, companied by many of their own followers and in very early times, made this rock a fortress, it dependents, this great chief appeared like a sobeing usual for them, after the departure of the vereign with his parliament and army. Indeed, Romans, to retire to the tops of craggy inaccessi-the whole was no bad emblem of a king and parble mountains, to forests, and to rocks on the sides liament, only changing a chief and his clan, to a of rivers, or the shores of the sea. Boëthius, king and his nobles. The hall in which the feuhowever, asserts, that it was possessed by the Ca-dal Parliament assembled (a noble chamber, of ledonians long before the Britons, and that it re-better portions than the British House of Comsisted all the efforts of Agricola to reduce it. The mons,) has been pulled down, and one of the most venerable Bede informs us, that it was the strong-conspicuous vestiges of the almost regal influence est fortification in the kingdom in his time, and of this powerful family has thus been destroyed, deemed almost impregnable; it was reduced by and along with it many of the recollections of the famine in the year 756, by Egbert, King of Nor-power and dignity to which it owed its foundation thumberland, and taken by escalade in the year obliterated.

FAMILY OF CARMICHAEL.

1551. The rock seems to have been anciently a volcano: the sides are composed of rude basaltic columns, of which huge masses have been broken Sir John Carmichael accompanied the Scottish off, and fallen to the bottom, by the injuries of auxiliaries sent to the assistance of Charles VI. of time. Many parts of the rock are strongly mag-France, against the English. At the battle of netic, causing the compass to vary at a consider-Bauge, in Anjou, 1422, he eminently signalized able distance: indeed, this circumstance was long his valour, by dismounting the Duke of Clarence, since noticed by Buchannan, (Scot. Hist. lib. xx. the English general, which decided the victory lect. 28,) but was never accurately examined, in favour of the French and Scots. In the action until Professor Anderson, of Glasgow, ascertained he broke his spear, in remembrance of which the powers of each part, and marked the variation piece of service his successors bear for their crest of the poles. The Scots thistle, a rare plant, is a dexter hand holding a broken spear. found here in great abundance. As the castle of Dumbarton commands the navigation of the Clyde, and is the key of the western Highlands, the for- A Highlander expressing his ideas about future tifications are generally kept in repair. It is happiness, said he expected "plenty of whiskey," garrisoned by a governor, lieutenant-governor, a and being asked what farther he expected, replied fort-major, subaltern officers, and a company of" mare whiskey." Being again urged what he invalids. The government is said to be worth expected in addition to this, he said " mare whis £700 per annum. key still."

MARE WHISKEY.

GEORGE CLARK, PIPER TO THE SEVENTY-FIRST. | is still pointed out unto strangers; and it was The piper of this regiment being severely observed, that he who pulled it down was ever wounded at the battle of Vimeira, in 1809, was afterwards unprosperous. The ground around it unable to keep his legs, but this did not damp his military ardour, for raising himself on the ground he called out, "I canna gang farther wi' you, lads, but deil ha' my saul if ye shall want music ;" and he continued to animate them with his most warlike airs.

ST. KATHERINE'S BALM-WELL AND CHAPEL.

was consecrated for burying. It is considered as the most ancient place of worship in the parish. After the nunnery at the Sheens was founded, the nuns there made an annual solemn procession to this chapel and well in honour of St. Katherine,

TITHES

Assuming that there must be tithes, and that in At St. Katherine's, in the parish of Liberton, the hands either of the church or of lay impronear Edinburgh, is a famous well. Oily substan-priators, they form a separate property, the Scotces of a black colour are continually floating on thetish Legislature, in 1633, applied the fullest resurface. These are cailed Petroleum. Remove medy which the nature of the thing permitted. as many of them as you please, still the same They lay it down as a great principle that the ipsa quantity, it has been observed, remains. It is corpora of the tithes should in no case be levied ; called the Balm-Well of St. Katherine. It was that the proprietor, or occupier of the ground, much frequented in ancient times, and considered should not suffer any immediate interruption or as a sovereign remedy for several cutaneous dis- molestation, in. the reaping and management of tempers. It owes its origin, it is said, to a mira- his crop, which, in the first instance, should be cle in this manner: St. Katherine had a commis-entirely at his own disposal, precisely as if it had sion from St. Margaret, consort of Malcolm Can- not been tithable, or, as if he had lease of his more, to bring a quantity of oil from Mount Sinai. tithes from the impropriator, at a fixed rent. To In this very place she happened, by some acci-accomplish this consistently with the interest of dent or other, to lose a few drops of it, and, on the impropriators, and of the church, a judicial her earnest supplication, the well appeared as valuation of the tithes throughout the kingdom just now described. When King James VI. was was ordered. That valuation was conducted upon in Scotland, in 1617, he went to visit it; and or-principles of great indulgence to the proprietors; dered that it should be fenced in with stones from for where the tithe was drawn in kind, a fifth part bottom to top, and that a door and stair-case was deducted, in estimating the rate at which they should be made for it, that people might have the were to be valued, and paid in future. When more easy access unto the oily substances which they were not drawn in kind, a fifth part of the floated always above, and which were deemed of rent paid to the proprietor by the tenant occupyso much importance. The royal command being ing the ground, was taken as the value of the immediately obeyed, the well was greatly adorned, tithe, and in estimating the rent, of which a fifth and continued so until the year 1650, when Crom-part was so taken, very large and liberal deducwell's soldiers not only defaced it, but almost totally destroyed it. It was repaired, indeed, after the Restoration, but it did not appear to such advantage as before.

Hard by this well a chapel was erected, and dedicated to St. Margaret. St. Katherine was buried in the chapel, and the place where her bones lie

tions were made in favour of the proprietor. The valuation of the tithe so made, was the rule for its future payment in all time to come, either to the church, or to the titular. The proprietor of the ground was, and is liable to no further demand, from either of these parties; and the valued rat› of the tithe, thus forms an invariable compulsor

and judicial rent, to the extent of which, alone, The rents of mills and ferries are also abated. the proprietor can ever be made accountable, either to the church, or to the impropriator.

When a rent has been created by extraordinary improvements, as by draining a lake, or by recoIn the end of the seventeenth, and beginning of vering land from the sea, a proportionable dethe last century, the valuations went on rapidly; duction must be made. The rents of orchards, and at this day, infinitely the greater part of the too, as they produce no crops which, by the law tithes, whether in the hands of the crown or lay of Scotland, were tithable, must be deducted in impropriators, have been valued. There are still calculating the rent: so likewise must any addiithes, and perhaps to a considerable extent, un- tional rent which may be paid by the tenant, in valued; but the system of valuation has made a consequence of the landlord undertaking any burbeneficial arrangement with respect even to them. den which, by law, is incumbent on the tenant Tithes levied in kind are almost unknown over Such, for example, as the repair of houses. The Scotland, except perhaps in Orkney or Shetland, general rule of law, in short, is, that the valued and where they have not been valued, they are ge- tithes are a fifth part of the rent, which a tenant nerally leased to the proprietor for a fixed rent. It truly pays in consideration of those fruits of the is in the power of the minister of the parish, the land that are tithable. If the land be in the improprietor, or the titular, to demand at any time mediate occupation of the proprietor, then the a valuation of the tithes that have not yet been tithes are a fifth part of the rent it is really worth, valued. The application of the law, however, is in consideration of its tithable fruits. The leannow left entirely to their own interest, and is not ing of the courts in the application of the law is enforced by such means as were adopted before always in favour of "the proprietor of the ground. the Restoration. We have already mentioned, It must be allowed, however, that in estimating that when tithes were drawn in kind they were the advantages to Scotland, that have flowed estimated according to their actual value, under from the system of valuation, a great deal must deduction of a fifth part, or what was called the be attributed to the remote date at which the king's ease. It very rarely happens, however, greater number of valuations have been made, that any valuations are now inade in this mode; and to the prodigious advance of the country in for, in general. the rent of the land is taken, a the intervening period; where the valuation was fifth part of which is held to be the value of the made in money, the benefit arising to the protithe. But in estimating the rent by which the prietor has been prodigious; but even where it tithe is so computed, deductions are made of too has been made in grain, the valuation has operagreat an extent to be passed over without some ge- ted as a great diminution of the tithes. The neral notice. For example, an income derived greater number of estates in Scotland, valued by the proprietor from what is a part of the land, during the course of the seventeenth century, e rather than of its fruits, is deducted in estimating the beginning of the eighteenth, instead of paying the rents, because the tithe is due out of the a tithe, probably do not pay a thirtieth or fortiet fruits only. Thus the rents of a lead-mine, or coal-pa of the tithable produce. This early adorpit, or a clay-pit, or a peat-moss, are all deduct- tion of the system has perhaps been the cause of ed in estimating the rent; because, by the law of the great benefits that have resulted from it. I Scotland, no tithe is due from these subjects. Abatement is also made for the rent of any s pernumerary houses upon the estate; that is to sy, of any houses beyond those which may be ecessary for the proper cultivation of the land.

has been seen, that one great principle of the ne scheme was to enable every proprietor to p chase the rights to his own tithes. The price p scribed in the statute 1633, chap. 17, is nine year purchase; but the interest of money has been, til

TAKING OF BERWICK, 1818.

then, ten per cent. in Scotland; and it was only uses, were not liable to be sold, but were only reduced to eight by a statute of the same year. subject to valuation. Sir John Connel states The advantage, therefore, was not so great as it that almost all these tithes are now valued; of may now appear; especially when it is consider-course the proprietor is liable only for the amount ed the proprietor did not by that purchase acquire of the valuation, whether the tithes remained enthe absolute right to his tithes, but remained tirely with the titular, or have been in whole or subject to the extent of their valued rate for the part allotted to the minister, as stipend. stipend which either had been, or might afterwards be, awarded by the commissioners to the minister of the parish. The Large Declaration declares One Spalding, a citizen of Berwick, having been that, according to the rate of purchasing in Scot- harshly treated by the governor, resolved to reland, the price of tithes was estimated to the ut- venge himself. He wrote to a Scottish lord, termost farthing; and undoubtedly, if the rate of whose relation he had married, and offered on a interest and the burdens to which the tithes were certain night to betray the post where he kept liable be taken into account, there is every reason guard. The Scottish lord, who durst not of himself to suppose that they were not estimated much be-engage in an enterprise so perilous and important, low their value. It is not surprising, therefore, communicated this intelligence to the king, "You to find that there are few sales previous to the did well," said the king," in making me your Union. Sir John Connel mentions that he found confident; for if you had told this either to Ranonly two sales prior to the Restoration, and four dolph or to Douglas, you would have offended been the Restoration and the Union; subse- the one you did not trust. Both of them shall aid quent to which period they continued to increase, you in the execution of the enterprise." The both where the tithes had been valued-and where king commanded him to assemble a body of troops, a valuation had been demanded for the first time. and repair to a certain place. He gave separate The reduction in the rate of interest, and the fall orders to Randolph and Douglas, for rendezvousin the value of money, while the rate of purchase ing at the same place and hour. The troops thus continued the same, gave every day additional cautiously assembled, marched to Berwick, and advantage to the proprietor; and, during the assisted by Spalding scaled the walls, and in a few eighteenth century, sales were very numerous. hours were masters of the town, 28th of March, Where the tithes, too, were vested in the patrons, 1318. The English historians acknowledge that by the acts of William and Mary, the proprietor the Scotch gave quarters to all who demanded it. purchased on yet easier terms, because the pa-The garrison of the castle, and the men who had tron was obliged to sell the tithes he acquired fled into it from the town, perceived that the numunder these statutes at the rate of six years' pur-ber of Scots were small, and made a desperate chase. Still the tithes so purchased remain liable sally; but they were repulsed chiefly by the exfor the stipend of the minister to the extent, that traordinary valour of a young knight, Sir William is to say, of their valued rent; and as the circum- Keith, of Galston. When the king of Scots heard stances of the country have led to a constant aug-the prosperous result of the enterprise against mentation of stipend, and at no distant intervals the town of Berwick, he collected what forces he the advantage of the purchase was not so great could, hastened to the siege of the castle, and as it at first sight appears. The tithes which be-obliged the English to capitulate. He commitlonged to the bishops, and which became vested ted the charge of this important acquisition to in the crown, on the abolition of prelacy, and Walter, the Stewart of Scotland. The Stewart those belonging to colleges, or destined to pious not doubing that the English would endeavour to