APPENDIX. 205 



ULLS WATER, which, like Cowpjer's celebrated case, 

 NOSE v. EYES, in re Spectacles, are " not to be 

 found in any of the books," and were first " re- 

 ported " in an Edinburgh newspaper, about three 

 or four years ago. They are said to be the pro- 

 duction of an eminent lawyer, now a judge in 

 one of the Scottish courts. 



August 27, 1799. KESWICK against ULLSWATER. 



" In a competition amongst the lakes of Cumber- 

 land and Westmorland, after the preferable claim 

 of Windermere had been sustained, it came to be 

 disputed, whether Keswick ought to be ranked se- 

 cundo loco, or brought in pari passu with Ullswater. 



PLEADED FOR KESWICK. 1 mo. This piece of 

 water is circular and retains the form of a lake in 

 every point of view ; on the contrary, Ullswater is 

 narrow and winding, and it deceives the spectator by 

 assuming the appearance of a river. Its claim to 

 beauty ought, therefore, to be repelled as founded 

 on a simulate right, and although a broad expanse 

 of water is sometimes less interesting than a con- 

 tracted stream, yet this is not the case when there 

 is evidently a dolus dans causam contractui. 



Secundo et separating From the top of Skid- 

 daw, the first object that arrests the attention is 

 Keswick, with its surrounding vale, and arrestments 

 are preferable according to their dates. Ersk. B. 

 HI. T. 4, . 18. 



Tertio. The islands in this lake are more nume- 

 rous and varied, and some of them are clothed with 

 fine wood, not a silva ccedua like that on the islands 

 u 



