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CRIME AND LAW.

When the criminal records are raked together, with the patience of Job, from 1488 to 1543, we are presented with a picture of the prevalence of theft, robbery, and murder in the higher rank of criminals that would make the present class of our esquires and nobles blush at the morality of their ancestors. During the periods referred to, both the criminals and the victims belonged equally to the upper classes of society. The lower orders, called the "rascal multitude," were comparatively innocent, and that because they were unable to bribe, and because they were tried by the code of Draco, which condemned them to be hanged, drowned, or burnt without judge or jury. To the above crimes must be added the houghing of cattle, fire-raising, taking the crops, and possession of the very land itself. In robbery, the property of the King was not more secure from depredation than that of his subjects. On one occasion his majesty's sheep was stolen by Symon Armstrong, a wealthy Border reiver; and in 1526, the artillery "coming from the castle of Stirling to the King's majesty at Edinburgh, for the defence of his person," were carried off by Robert Bruce of Airth and his brothers. Nay, even the King's crown was stolen about the same time from the palace of Holyrood.† Indeed, nothing came amiss to those dignified robbers "which was not too hot or too heavy." In those days the law was powerless, because the magistrate, the sheriff, and the judge were too frequently the most flagrant violators of the laws, and the worst oppressors of the poor. Thus we find that Patrick Agnew, the Sheriff of Wigton, in 1513, stole from his poor neighbours their swine, oxen, cows, and a young horse, besides ten bolls of barley. On another occasion this exemplary dispenser of the law was convicted and fined five marks for taking a bribe to acquit a murderer. In not a few cases robbery was committed by persons of the highest rank; thus I find that Hugh, Lord Somerville, was accused of oppressing John Tweeddale in Carnwath, and robbing him of all his horses, mares, oxen, cows, and crops, with all his goods and utensils. George Ramsay of Clatto, John Betoun of Balfour, James Betoun of Melgum, John Graham of Claverhouse, and others, had to find caution to appear at the next justiciaire of Fife, for having oppressed the lieges,

* Chalmers' Caledonia. Pitcairn's Criminal Trials, vol. I. p. 63. Ibid.

and for a violent assault on John, Lord Lindsay, Sheriff of Fife, in the execution of his office, and breaking up the doors of the Tolbooth of Cupar, in which he was holding his court.* In the case of fire-raising and burning of a byre of the Laird of Rosyth, (see INVERKEITHING), with 60 oxen and 11 cows, by Janet Anderson, a person above the common, she was condemned to be drowned in a sack. In Pitcairn's work these plundering acts form only the prelude to scores of the most fearful tragedies perpetrated by Baronets, Lords, and Earls, and who usually escaped with impunity, though the subordinates engaged in these murders were generally executed. I shall close this heart-rending scene with the two following cases. The slaughter of George, James, and Robert Crichtoun by William Lord Abernethy of Saltoun, and others; and the burning by the Drummonds of the Kirk of Monivaird, "wherein 120 of Murrayes, with their wives and children, who were all either burnt or slain.† The above facts were not occasional cases, but of daily occurrence (see pp. 27-51.)-Alexander I. was so just a sovereign "that he caused the Lord of Mernis, his brother, and son, to be hanged "because they tuik away the guddis of ane puir wyff." This King was, for the vigour and promptitude of his justice, traditionally remembered by the epithet of the "Fierce." He seems to have been another Alfred of England. (See p. 28.)

At the Union a right of appeal was granted from the Court of Session to the House of Lords. In 1815, a court for the trial by jury of civil causes was established.-(See p. 28.)

AGRICULTURE.

In 1728, near Kilysth, a day labourer was the first who began the open cultivation of the potato in Scotland.§

I refer to Muir's History of Scotland, in 1521; as also to Pinkerton, vol. II., for much interesting matter as regards the habits, manners, dress, and houses, of the agricultural class of society. I find that in the reign of King Robert Bruce, wheat cost only 7 shillings per quarter; oats, 3 shillings; barley-malt, 4 shillings; peas, 2 shillings; beans, 5 shillings; beer, from 8 to 18 shillings the butt; oxen, 5 shillings and 6 pence each; a fat hog, 2 shillings and 6 pence; in 1288, swine sold at 1 shilling a head; hens cost a penny each; sheep, 18 pence each; a first

* Pitcairn's Criminal Trials, vol. I., p. 136. † Ibid., p. 101. Wyntown's Chronicle, vol. I., p. 283. § Duncan's Philosophy of the Seasons,

rate cow, 10 shillings; in 1261, cows were sold at 5 shillings each. In 1300, the average wages per day were-admiral of the fleet, 2 shillings; captains, 1 shilling; seamen, 3 pence; masons, carpenters, and smiths, 4 pence; plasterers, 3 pence; miners, 3 pence; labourers, 2 pence; women, 1 d. In 1350, land was let for 2 shillings per acre; a cottage with an acre of land, 4 shillings and 6 pence; a cottage without land let for 6 pence only, per year. See Chalmers's Caledonia, vol. I. p. 800, and Tytler, vol. II. pp. 273-275.-(See p. 18.)

MORALITY.

I find by Chalmers that from 1090 to 1330, the higher classes enjoyed the luxury of wine; and that the beverage of the common people was beer, which was both abundant and cheap; and that none of the malt was manufactured, in those simple times, into the less healthful beverage of spirits. And from medical records, I find that in 1565, "the Incorporation of Surgeons in Edinburgh possessed the exclusive right of selling whisky in the city." It is much to be regretted that "the exclusive right" was ever withdrawn. Were wine cheap, and beer better than it now is, we should see less poverty, less misery, and less crime! In a damp cold climate such as this, where labour is excessive, with a poor scanty diet, and the mind racked with anxiety, a nutritious stimulant is indispensable. But be it distinctly understood, that as ardent spirits contain not an atom of nutritious matter, they only rob the system of the little it has, and bring it to a premature and sinful grave.

COMMERCE.

The exports and imports of Scotland from 1097 to 1370. The exports were wool, skins, hides, salted fish, horses, sheep, and cattle; and sometimes falcons, and greyhounds. The imports were fine linen and silks, broad cloth, and a rich woollen cloth, called sayes, carpets and tapestry, wine, oil of olives, spices, drugs, arms, armour, and cutlery, and occasionally of corn and barley, and gold and silver plate. The exports from Fife at the present period, exclusive of an endless variety of manufactured goods, consist of the produce of the whale fisheries, salted cod and herrings, coal, limestone, lime, potatoes, and grain of all

* Caledonia, Vol., I., p.p. 803-804. † Pict. Hist. of Scotland, p. 219.

sorts. The imports from foreign ports are-timber, bark, hides, tallow, flax, hemp, tar, iron, &c. And coastwise, pavement and slates, groceries, and other articles required for home consumption, (see p. 23.)

CORPORATIONS OF TRADES.

The fraternity of the carpenters, masons, and cordiners, appears to have originated in 1475, the weavers in 1476, the butchers in 1488, the hammermen in 1496, the waukers or fullers in 1500, the corporation of the surgeons in 1505, the bakers in 1522, the bonnet makers in 1530, the goldsmiths in 1581, and the skinners in 1586.*

RELIGION.

The tyranny of the Protestants immediately after the Reformation was such, that in 1561, James Kellone, a shoemaker, was condemned by the magistrates of Edinburgh to be hanged, for acting the popular pantomine of Robin Hood on a Sunday. Great efforts were made to get this severe sentence modified, but in vain. "Knox and the bailies were solicited in his behalf, but they refused to interfere." The consequence was, that on the day of execution, Edinburgh flew to arms, seized the provost and bailies; pulled down the gibbet, and broke it to pieces; then rushed to the Tolbooth, the doors of which they broke open with hammers, and delivered the condemned Robin Hood, together with all the other prisoners there, in open defiance of all authority. One of the imprisoned bailies had the gross ignorance to fire a pistol at the insurgents, by which the servant of a craftsman was grievously wounded. This added coals to the fuel, occasioning a fierce conflict that continued five hours, eventually ending successfully to the rioters.† Though the conduct of the first offender (the shoemaker,) cannot for a moment be justified, the sentence of the petty tyrants had all the savage barbarity of the Papists they had so lately crushed; their act was therefore a bad example, the worst of policy, and inconsistent with the holy word of Christ, who did not forgive seven times, but seventy times seven!

While our ancestors were the quintessence of vindictive cruelty, we cannot but admire their bigoted sincerity in religion. When contrasted with the moderns, who are the model of humanity, but who are, with many honourable exceptions, a mass of canting hypocrisy, it is difficult

* Pinkerton, Vol. II, p. 411. † Diurnal of Occurrents, p. 56.

to determine which of the two to prefer. The cases of Palmer, Redpath, John Paul, and others, were only daring instances of what millions feel inclined to follow, but who lack the courage or the talent to put them in force. Thousands are at this hour playing the same game at hazard, behind the screen; hence the late fearful crash in which the innocent were ingulfed in the same commercial whirlpool with the guilty.

THOMAS THE RHYMER.

The well-known prediction of Thomas the Rhymer to the Earl of March, the day before the death of Alexander III., is too important to be passed over here:-"That before the next day, at noon, such a tempest should blow as Scotland had not felt for many years before." The next morning, the day being clear, says Boece, and no change in the air, the nobleman did challenge Thomas of his saying, calling him an impostor. He replied that noon was not yet past. About which time a post came to advertise the earl of the king's sudden death. "Then," said Thomas, "this the tempest I foretold, and so it shall prove to Scotland."*

As Chaucer was the first English novelist, so Thomas the Rhymer was the first Scottish one, who wrote the Romance of Sir Tristrem, the authenticity of which was established by Robert of Brunne, who was a contemporary of his. Henry the Minstrel represents Thomas the Rhymer as being alive in 1296, the year in which Wallace took up arms, and when Thomas predicted his success.† The date of his birth is not known, but he was in the height of his reputation at the death of Alexander III., in 1285: Besides the authors formerly adverted to, who acknowledged his high reputation as a prophet, I must not omit the names of Wyntown, Bower, and Henry the Minstrel. He predicted the ultimate success of King Robert Bruce. Bower has given a circumstantial account of the celebrated prediction of Thomas the Rhymer, respecting the disastrous fate of Alexander III. (See p. 64.)

SIR MICHAEL SCOTT.

This extraordinarily gifted man, who was the admiration of all the learned in Europe, courted by Kings and Emperors, and the terror of all the ignorant at home, was born about the year 1213. Filled with the thirst of learning from his youth, he commenced his studies first at Oxford, where he had Roger Bacon for a fellow-student. His applica* Spottiswoode, p. 47. + Henry the Minstrel's Life of Wallace, book II., chap. 3.