wear different from the Highlanders, who are constant in their Cloathing in Plaids, which are only one Piece of Seven or Eight Yards long, with which they cover their whole Bodies from Neck to Kace excepting the right Arm, which they manage fo artificially, as to fupply the Defect of Drawers and Breeches; they cover their Heads with Thrum Caps, Blue, Grey, or Sad-colour, as the Buyer pleafes.

Recreations.] Not to mention Hunting, Hawking, Setting, Horfe racing, Funing, Fowling, Courting, Bowling, and fuch Manly Sports, proper only to the Nobility, Gentry, and their Attendants; the Sports called Foot-Ball-playing, and Golf, were the ufual Recreations of the Common People, to which they were fo addicted, that there was no less than three Acts of Parliament in fo many feveral Reigns to difcharge the Ule of them, under the Penalty of Fifty Shillings to the Lord of the Land, or to the Sheriff in his Neglect; which being of no Advantage to the Publick, the Wisdom of the State enacted, That Weapon Shawing fhould fucceed in the ftead of them, and be kept four times a Year in every Shire, and fo likewife in the Boroughs; all Men being fufficiently Harneffed and Armed, and Butts (or as they call them, Bow marks) fet up for Shooting in every Parifh, with the Ufe of Guns and Fire-Arms; that fo the King's Leiges might be ready and fit for War upon eight Days Warning. This was defigned to inftru&t the Stand ing Militia of the Kingdom.

Buildings.] If we may judge of the Statelinefs, Grandeur, and Beauty of the Publick Buildings in Scotland, by their prefent Ruins, we muft needs conclude that they were magnificent Structures. Most of the Cathedral and Collegiate Churches were, and those that remain are of Free-ftone, with which this Country abounds; and fo were the Abbeys, Convents, and Monafteries; which the Rabble in the Beginning of the Reformation razed from the very Foundation; and converted the Stones and other ufeful Materials, to the Building of Houses and Cities, which in many Places are cover'd with Slate. The Houses of the Nobility and Gentry are alfo built with Free-Stone, and well fur -nifh'd, agreeable to their Qualities.

CHAP. VII.

Of Punishments used in Scotland.

Among the Crimes that in the Laws of Scotland are called Capital,

High-Treafon is the firft: And for the Punishment of that and other Capital Grimes, there is a late Act of the Parliament of GreatBritam, Anno Septimo ANNE Regina, Entituled, An Act for Improving the Union of the Iwo Kingdoms; which flatutes and appoints the Method and Manner of Proceedings, in the Tryal of fuch Criminals. Now, High-Treafon confifts in Confpiring, Plotting, Contriving, and Intend

Part II. ing the Death and Deftruction of the King or Queen, or any Bodily Harm tending thereto, or any Restraint upon their Perfons; or to Deprive, Depofe, or to Sufpend them from the Stile, Honour, or Kingly Name, of this or any other His Majeky's Dominions; or to Sufpend him from the Exercife of his Government; or to Levy War, or take up Arms against him, or any Commiffionate by him; or to intice Strangers, or others, to invade any of his Dominions, and by Writing, Printing, or other malicious and advised Speaking, express or declare fuch other Treafenable Intentions: And the Offenders are punifhed as Traytors, with Death, Lofs of Honour to their Pofterities, and their whole Eftates forfeited to the Crown. They are put to Death in the fame manner as in England, by Drawing, Hanging, Quartering of Men, and Burning of Women: But Noblemen are generally Beheaded; not with an Axe as in England; or a Sword, as in Holland; but by an Inftrument called a Maiden; which is a broad Piece of Iron about a Foot fquare, very sharp on the lower part, and loaded above with fuch a Weight of Lead that it's fcarce to be lifted. At the time of Execution it's pulled up to the top of a narrow wooden Frame, about ten Foot high, and as broad as the Engine, with Moldings on each fide for the Maiden to flide in: About four Foot from the Ground, a Convenience is made for the Prifoner to lay his Neck, with a kind of a Bar fo faftned as to keep him from ftirring: Upon a Sign given, the Maiden is let loose; and in a Moment feparates the Head from the Body. The Scots have a Tradition, that the firft Inventor of this Machine, was the firft that fuffered by it.

Bringing in of any kind of Poyfon into the Realm thro' which Man or Woman may take any Bodily Harm, for any manner of Use, is alfo Treafon; and fo is declining the King's Authority, or impugning the Authority and Dignity of the States in Parliament: Accufing another calumniously of Treafon, is Treafon; and if the Perfon accufed be acquit, the Accufer muft fuffer as a Traytor. Murder and Slanghter of a Perfon, under the Truft, Credit, Affurance, and Power of the Slayer, is alfo Treason, and punishable as fuch.

Robbers upon the Highway, Breakers of Houfes, Refetters of Thieves, or Intercommuners with them to that Effect, and Payers of Black-Mail are guilty of Felony, and punishable with Confifcation of Goods and Death: But Stealers of Wood, Breakers of Hedges, Dykes, Fences, and Stealers of Fruit, Honey, or Fifh out of Ponds or Locks, are punished with Pains pecunial, not exceeding Forty Pounds Scots. And if Children under Age commit any of thefe Things, their Fathers or Masters are to pay Thirteen Shillings and four Pence, or one Mark Scots, for every fingle Offence, or cife deliver them to the Judge to be whipt. But fuch as fell the Goods of Thieves of Clans, that dare not come to Market in the Low-lands themfelves, are punished with Banishment and Eicheat of Moveables; half to the King, and the other half to the Apprehender.

Forgers

Forgers of Inftruments, falfe Witneffes, or Men guilty of Subornation, and their Accomplices, are punished by piercing their Tongues, Forfeiture of Goods and Chattels, and Infamy: And further, at the Judge's Difcretion.

But 'tis to be observed, altho' the Lords of Seffion punish thefe Crimes ad Arbitrium, yet the Justices punish them with Death.

Extortioners, or Takers, or Makers of Bargains, for greater Interest and Profit for the Loan of Money, than at the Rate of Ten Pounds or Five Bols victual per Cent. for the Year, in Cafe that be the present Legal Intereft, forfeit the Principal Money, and all their Moveables. The Party is to pay it; and for the Ufury, if he reveal it, is difcharged of the Debt: And if another reveal it, he has Right to the Sum; and the Receiver or Contractor for the faid Ufury, fhall lose the Principal.

Foreftallers of Markets, or Regrators, that buy any Merchandize or Victual by Land or Water, before it's prefented in the Market, or in the Market before lawful Time of Day, are punished by Imprifonment, and a Fine of Forty Pounds Scots for the firft Fault; for the Second, a Hundred Marks; and for the Third, Lofs of Moveables.

All Judges and Officers, whom it concerns, upon any bodily Hurt done, or Slaughter committed, upon Complaint are diligently to enquire if the Deed was done on Forethought, Felony or through Chaud Mella, i.e. upon a Rencounter in a Paflion; it upon the former, the Trefpaffer is incontinently imprifon'd, and his Lite and Goods at the King's Will: But if the Fact is found to be done through Chaud Mella, upon Tryal he is acquitted.

Forefaulture of Perfons convicted for Lefe Majefiie, or Treafons of any kind, are punished by the King's Seizing all Lands holden of himself, and their Lives are at the King's Will.

Confeffion extorted from fufpected Criminals in Scotland, is by an Inftrument, called the Boot, made of Four Pieces of narrow Boards nailed together, of a competent Length or the Leg; in which they put the Leg of the Party, which they wedge tite on all fides, as Occation requires, according to the Notoriety of the fuppofed Crime. Something alfo they have like it for the Thumb, which they call the Thumbkins, for lefs fufpected Offences.

CHAP. VIII.

Of Societies inftituted in Scotland for the Advancement of
Religion; whether Incorporatod or Voluntary.

THE

HE late Queen's Majefty understanding the charitable Inclinations of many of her Subjects, for raifing a voluntary Contribution towards the further promoting Chriftian Knowledge, and the Increafe of Piety and Virtue within Scotland, efpecially in the Highlands, Iflands, and remote Corners thereof, where Error, Idolatry, Superftition, and Ignorance do moftly abound; did firft by her Royal Proclamation, dated Aug. 18, 1709, approve and recommend the forefaid charitable Defign; and afterwards granted her Letters Patent for incorporating the Subfcribers and Contributors to this pious Design into a Body Politick, by the Name of The Society in Scotland for Propagating Chillian Knowledge; granting them full Power to receive Subfcriptions, Mortifications, Donations, Legacies, Sums of Money, Lands, Goods and Gear, and therewith to erect and maintain Schools to teach to read, especially the Holy Scriptures and other good and pious Books; and alfo to teach Writing. Arithmetick, and such like Degrees of Knowledge in the Highlands, Iflands, and remote Corners of Scotland. Appointing them a general Meeting Quarterly at Edinburgh in the TownHall the first Thursday of January March, June, and November Yearly, and oftner when and where the Society fhall think meer. Nine of their Number to be a Qurum, with Power by Plurality of Voices to elect a Prefident, a Treafurer, a Secretary or Clerk, and other Officers, all which are obliged to take an Oath de Fideli Administratione Officii; with feveral other Rights, Privileges and Immunities for the better and more orderly carrying on this good Defign.

Thefe Letters Patent bear Date the 25th of May, 1709. And to do Juftice to the General Affembly of the Church of Scotland, it must be observed, that they paffed an Ad to encourage the Defign of Charity Schools in April this very Year 1709, and Subfcriptions were then begun to be made: And there appear'd a good Prospect of Success; for before the Patent which they now have received. the Defign was really begun; and fo long fince as November last, 20001. Sterling was fubfcribed to it: And the Dutchefs of Hamilton, to her great Honour, fettled fome of thefe Schools in the Isle of Arran. For although every Parish in Scotland is obliged to maintain one SchoolMafter, yet it is but in fome Places that the School-Mafters are obliged to teach the Poor gratis. So that notwithstanding that legal Provifion, Charity-Schools are found to be highly neceffary in Scotland as well as in England and foreign Countries. One noble Example is come to Knowledge, which ought not to be omitted, viz. tha CARLA VROCK near DUMFRIES in Perthshire, a private Gentleman; ve laft Year 1000l. towards erecting a Charity-School for all th

Children in the Town and Neighbourhood, the fame being much infefted with Papifts. The General Affembly having intereffed themselves in this glorious Undertaking, by publishing their Act and Recommendation for furthering the Design of Propagating Chriftian Knowledge; an Inftrument for a Subfcription has been drawn up, and printed Copies thereof fent to all the Presbyteries, to the end that the Minifters may propofe this good Work to those within their Bounds, and deal with pioufly difpofed Perfons for obtaining their Concurrence, getting Subfcriptions, &c.

CHAP. IX.

Of Schools, and other Benefactions for Studies in Scotland. Schools. IN every Parish there is a School fet up by Act of Parliament, as has been already mention'd, whofe Mafter has a Salary from the Publick, and the Scholars allow him fome small Matter quarterly. In Country Schools they teach Writing and Arithmetick, and reading English and in fome Latin. In the Royal Burghs they teach Larm and Greek, and have tolerable Salaries; befides that each Scholar gives 25. or 2 s. 6 d. a Quarter, and in thefe Schools they teach nothing elte, having English and Writing-Schools befides in all Places where they have Grammar-Schools. In Country-Parishes the School Mafter is ufually Precentor and Kirk Seffion Clerk, which bring him in fome Advantage; for he receives s. and fometimes 15. 8 d. for asking of Banns of Marriage; 6d. for Regiftring a Child that is Christned; and 3 d. for a Certificate for any Perfon that removes out of the Parish, All School-Mafters are obliged to take the Oath of Allegiance, to fubfcribe the Confeifion of Faith, and must submit to a Tryal from the Presbytery of the Bounds.

Burlars.] For a continual Supply of Ministers in the Kirk of Scotland, it was ordain'd by the General Affembly fitting at Edinburgh, A. D. 1645, that a Number of pious Youths of good Expectations and approv'd Abilities, fhould be chofen, and fent Burfars or Exhibitioners to the Universities by the feveral Presbyteries of Scotland, every Pref bytery confiftig of Twelve Kirks, being required so fend and maintain one Burfar yearly at the University and where the Presbyteries are fewer in Number, they are to join with other Presbyteries to make up the Number: And the Overplus of the Number to be ordered and difpofed by the Presbyteries and Synods; and their Books to bear Record thereof. These Burfars are to be allow'd for their Maintenance 100l. Scots per Annum at least, which is to be taken our of the Kirk Penalties, and the laid Maintenance to be collected by the Moderator of every Presbytery, by equal divided Portions, the one Half to be brought in at the Winter Synod, and given to the Burfars, and the other Half at the Summer Synod, to be feat unto them. The time of the

Ffa

BAT.