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Magnus parochin, and thir fische found in his house under the nyhbor's markis; and thair his haill guids and gere discernit escheit, and gif he beis apprehendit with the walor of an uris-thift heiraftir, to be tane and hangit be the craige quhill he die, in exampill of utheris.

23. Ditto. In a case of repeated theft-The Assise (alone) finding the points of ditty for the maist pairt haillily proven, and tryin also (the criminal) to have been a notorious thief thir mony yiers of befoir; thairfoir thai all in one vote discernis his landis, guids, and gere to be escheit, and himself to be tane to the Gallow-hill, and thair to be hangit be the craige whill he die, in example of utheris.

5. July 1604.-It is statut and ordainit that nane within the parochin (of Aithsting and Sandsting in Waiss) sell ony of their oxin to Duchmen, stranger, or utheris out of the countrie, fra this furthe, ilk persoun under the pain of 40 libs. toties quoties.

It appears, from other entries, that confiscation of property was also the penalty of suicide; but with these already given we must conclude.

The population of Orkney and Zetland was, in 1801, 46,824; in 1811, it had decreased to 46,153; and by the last returns, in 1821, had risen to 52,124.

LETTERS WRITTEN DURING THE CIVIL WARS.

THE following letters are copied from the originals. Lady Forster was wife to Sir Claudius Forster, of Bamburg, county of Northumberland; and daughter of Sir William Fenwick, knight. The first is without date, but was evidently written during the civil wars.

"John Appleby; Itt is impossible for mee to give you direcc'ons touching everything; for ye times are so changeable and daungerous as none none can tell what to doe for the best. Therefore I com❜itt all my occasions to your discrec'on, to doe the best you can, as you see cause; and wherein I can give you direcc'ons, you shall know my mind. And first I thinke it very necessary that you get what corne you can from Styford; for asseure yourselfe that corne will be more precious than gould, if you can but gett itt and keepe itt; but thatt wee must referre to God, yett lett us doe that which is most probably the best. As for my goods, I cannot tell what to say, for in this countrey all is taken and in takeing. I hope you will escape as long as any, if you could but keepe them from theeves; for in this countrey it is marvell to see either sheepe or beastes. I would have you send Alexander Dixson to my brother Carnaby and Mr. Saunderson with thes letters; and if Alexander cannot goe, send some other when you thinke most fitt. Tell Robert Wilkinson, of Espersheales, that I am pleased hee take some oxen to doe their

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worke for their meate, upon condic'on hee can keepe them from the theeves. I have sent two cakes for Francis and Maudlin; and I have sent you garden seedes, which I would have sowne as soon as you can; but be sure you cover them with some birch or firr, for fear of the turkyes and hennes. Your wife and children are well, and I think will not be fearefull as long as wee are here; and therefore you need take noe care for them as yett; but how soon wee shall be distressed, God knowes. That is all I can say for the present.

" ELIZABETH FORSTER."

From Sir Claudius Forster," to his Chaplain Mr. CUTHBERT MARLEY, at Baumburgh.”

"Mr. Marley; In my absence be carefull thatt all things be right ordered and kept. As for your arreares for your wages, dewe at New-yeare's day last, being seaventeen poundes, w'h makes just 401. being all that is dewe unto you untill Midsom'er next; I praye you not to fail, but to goe over unto Balmbroughshire to this bearer, for the spedy and more redy dispatch of him for comeinge upp with ye rentes; and for provision, there is both malt and wheat bred, beside mutton at ... isington, and other petty tithes, that will save you from starveing of hunger. I am in haste, and soe must rest, sayeing this much, that if any doe wrong my tenants in my absence, they shal feare me when I doe return, if my Maister get the better; and mean

whill let my tenants appeale to S'r Raiph Delavall, or S'r Raiph Gray, who are the two I most presume of in Northumberland; and I know that com'only a man's absence gives way to a man's subtill adversary; and thus I rest your patron. "CLAUDIUS FORSTER.

"From Tuxford, this first of June."

Together with the above are the two following "To all Captains, and them whom it concernes. "London. These are to require you to permit and suffer Mr. Edward Hinks and Mrs. Frances Pickett to pass your courts of guard, with one horse, into my Lord Fairefax his army, without anie interruption. This 21st of May, 1644.

"By warrant of ye Lord Maior,

"Jo. READINGE."

Seal, three boars' heads couped, two and one. "HARRY EWBANKE.-Permitt ye Baron of Hilton and his Sonnes to pass with eighteen horse from Weimouth to Hartinpole in such sort as suites their quality, they having given their honors to make no attempt on the Parliament souldjers; for w'h this shal be your good warrant.

"FRANCIS WRENN*..

"Durham, 24th Aug. 1647.”

Francis Wrenn, of Henknowle, (of the Binchester family,) bore a colonel's commission, and acted as a magistrate under the Parliament, and under Cromwell; but behaved with much greater mildness and moderation towards the Loyalists than most of his colleagues.

294

LETTERS DURING A RIOT IN THE NAVY.

The following curious Documents are from the Originals, in the possession of G. P. JERVOISE, Esq. M. P. of Herriard House, Hants.

1. "Wee whose names are here vnder mentioned doe ingage our sellues vnder the com'ande of Henry Jeruis, Capt. of the ffellowshipp now vnder the com❜ande of the Right Honoble Robt Earlle of Warwick Lord high Adm"" of England, ffor to to aduenture our liues vnder the afforsaide com'anders ffor the deffence of the Kinge, Parliment, and Kingdome, and to ffech in and subdeue (by the grace of God) the reuolted shipps into the obedience of the Kinge and Parlimente. In witnes hereof we haue sett our hands this ffowertenth of Augst 1648. "Henry Jervoise, Capt.

"William Comley, Mate.
"Anthony Roworth, Mate.

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Anthony Crowne, Corp'rall." [Signed also by 44 others.]

2. "Sir, These tymes being full of jealousye, and some informac'ons being exhibited to mee, and the Commissioners of Parlyam'. concerning yo' sonne, I haue p'waded him to lay down his present charge in the ffellowshipp (wh I thineke much better than to bring matters to a contest, and therby hazard the subiecting of himselfe to the inconvenience of a publicke complaint ;) and have thought fitt to accompany him with this assurance,

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