Bonnie Scotland: Painted by Sutton Palmer; Described by A.R. Hope MoncrieffMoncrieff, A. R. Hope (Ascott Robert Hope)
History
Bonnie Scotland: Painted by Sutton Palmer; Described by A.R. Hope Moncrieff
Moncrieff, A. R. Hope (Ascott Robert Hope)
Scotland -- Description and travel
The absence of vulgar crime is still more marked in the Highlands,
where, but for whisky and religious zeal, there would be little need of
magistrates. “Ye see, if they stole anything, they couldn’t get it off
the island,” a Bute cynic once explained to me; but on the mainland
opposite, I have known the ladies of a family leave their bathing dress
hanging over the hedge by the roadside for weeks together. It was only
on the grand and gallant scale that John Highlandman made a confusion
between _meum_ and _tuum_. But a distinctly litigious disposition in
trifles keeps northern lawyers from starving among clients who, like
Bartoline Saddletree and Peter Peebles, often cherish a strong amateur
interest in law. In Dandie Dinmont’s country, we know, a man was “aye
the better thought o’ for having been afore the Feifteen.”
Now that everybody subscribes to an Encyclopædia, it may not be
necessary to remind readers how the Scots law is founded on the Roman,
and how the practice of courts differs north and south of the Tweed. The
administration of justice in Scotland seems now an example to England,
whatever it may have been in the past. Feudalism died slow here. Baron
courts continued to be held to our own day, though shorn of such unjust
privilege as that by which the lord’s bailie decided questions between
himself and his tenants. There was a time when only high treason was
withheld from the jurisdiction of these private Solons. Then they lost
power to adjudicate in the “four pleas of the crown,”--murder, rape,
robbery, and arson, unless in the case of the slayer taken red-hand or
the thief _infang_ with the stolen property in his possession within the
barony bounds. So late as 1707 Lord Drummond was good enough to “lend”
his executioner to the city of Perth. After Culloden, hereditary judges
like the Baron of Bradwardine were wholly deprived of the right of
_furca et fossa_, the drowning of female and hanging of male offenders.
Yet a generation ago the dispensers of minor justice in certain towns
were the “bailies” of the superior, whom in one case I have known to be
an Australian squatter and his distant deputy a respectable carpenter,
while in such a town as Dalkeith, the Duke of Buccleuch appointed an
able lawyer as permanent magistrate. The adoption of the Police Act
brought this state of things to an end; and the baron’s judicial rights,
if not formally abolished, have practically dwindled out of existence.
The part of police magistrate and county court judge is doubled by the
sheriff, an official whose title may be a
[Illustration: A PEEP OF THE GRAMPIANS, INVERNESS-SHIRE]
Public-domain text, read in full here on John Shaqi.
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