444 
been made out by name, either by the 
magistrates, or under their diredtion, to 
be consigned to the purposes of this aét, 
without either previous examination or 
conviction; and that the old man had 
:eason to suspect, fromaccidental informa - 
tion, that his three sons were compre- 
hended in this list —He accordingly made 
preparation to resist any attempt that 
should be made against his house, in 
which they residéd—When the party 
that was sent against him desired admis- 
sion, it was refused, and they were cau- 
tioned against attempting to enter by 
force, as the persons in the house were 
prepared to receive them.—The party 
said they had a warrant, but refused to 
produce it; and, on their assailing the 
door by force, three guns were discharg- 
ed frorn the house, and several of the 
party fell, and one of them afterwards 
died of his wounds.—It appeared, that 
this old man’s sons were so far from being 
proper objeéts of this aét, that they had 
a peat moss of their own, by working in 
which they procured their living, and 
the young man in particular, who was in- 
dicted with his father, bore a very good 
charagter.—On the behalf of the prison- 
ers, an objection was taken to the war- 
rant as illegal—This illegality was even 
admitted by the Lord Advocate ; but he 
said, the prisoners could not *zow of 
that illegality, and therefore, were not 
justified in resisting its execution.—It 
would seem that the Chief Justice Clerk 
and the whole court approved of this 
doétrine, as it does not appear to have 
been contradiéted in the charge to the 
jury ; that the jury approved of it, is 
-manifest, for they brought in an unani- 
mous verdiét against the father, but ac- 
State of .Difeafes in London. 
(Marclt 
quitted the son, probably on the princi- 
ple, that he was under the dire€étion of 
the father.—The old man was sentenced 
to be hanged on the goth of March, and 
his body to be given to the surgeons. 
- From this case, it may be fairly con~ 
cluded, that the old English maxim, 
“that every man’s house is his castle,’’ 
has not yet made its way into Scotland.— 
We will venture to say, that had this 
transaction taken place in England, not 
only O’Neil would have been acquitted ; 
but, that if any person in his house had 
been killed, the party at least who at- 
tacked him, if not the magistrate who 
granted the warrant, would have been 
fortunate if they had not been convicted 
of murder.—We are happy to hear, how- 
ever, that the case has been represented 
to government, and that O’Neil had 
first a respite of a week, and has since 
had another of a month, in order that it 
may be properly investigated. We un- 
derstand he is indebted, for these re- 
spites, to the humane interference of 
Mr. Fox. 
CUTLAWRY. 
In our last number, we promised to 
give a more full account of the afirmance 
of the outlawry against Sampson Perry ; 
but on considering that case, we think 
the subjeét in general to which it belongs, 
of too much importance, to be confined 
within the limits we have prescribed-to 
ourselves in this place: we purpose, 
therefore, in our next Number, to pre- 
sent our readers with a complete essay 
on the subjeét of outlawry, in which 
proper notice will be taken both of the 
case of Mr. Perry, and that of Mr. 
England. 

STATE or DISEASES in LONDON, 
From the beginning of the prefent year *. 
URING the last winter, the wind 
being mostly in the west and south- 
west quarters, no frost took place till 
near the latter end of Fedruary. But 
notwithstanding the mild, warm, and 
often damp weather, so favourable, in 
general, to the production of putrid dis- 
eases, the number of infectious fevers, 
throughout London, was remarkably 
small. 

‘* TKefe obfervations, which will be conti- 
nued: monthly, are the refult of the prattice of 
a difpenfary in a central part of the town, as 
‘well as of the private practice cr the remarker. 
eae: 
Intermittents, particularly quartans 
and quotidians, have, however, been 
more frequent than usual, and very ob- 
stinate. The paroxysms, after being 
stopped for two or three weeks, recnr- 
red, in many instances, from exposure 
to cold: and a perfeét cure was not ac- 
complished till the middle of March. 
The scarlet fever with. an ulcerated 
sore throat, had prevailed every autumn 
from the year 1785 to 1794, and proved 
extremely fatal. This complaint begar 
to decline in 1795 3 and seems at present 
nearly extinét. Since Christmas last, 
the measles and small pox have been ex- 
nici tensively 
