Domestic annals of Scotland : $b from the revolution to the rebellion of 1745Chambers, Robert
History
Domestic annals of Scotland : $b from the revolution to the rebellion of 1745
Chambers, Robert
Scotland -- History -- 1689-1745
Nevertheless, the search was renewed by his younger brother, Charles
Areskine, Lord Justice-Clerk, but without the expected fruit, though a
discovery was made of cobalt, and considerable quantities of that
valuable mineral were extracted even from the rubbish of his
predecessor’s works. In 1767, Lord Alva, the son of the Lord
Justice-Clerk, bestowed a pair of silver communion-cups upon the parish
of Alva, with an inscription denoting that they were fashioned from
silver found at the place.
The granting of Steuart as ‘a perpetual servant’ to Sir John Areskine
sounds strangely to modern ears; but it was in perfect accordance with
law and usage in Scotland in old times; and there was even some vestige
of the usage familiar to Englishmen at no remote date, in laws for
setting the poor to work in workhouses. The act of the Highland
justiciars was the more natural, simple, and reasonable, that labourers
in mines and at salt-works were regarded by the law of Scotland as
‘necessary servants,’ who, without any paction, by merely coming and
taking work in such places, became bound to servitude for life, their
children also becoming bound if their fathers in any way used them as
assistants. Such is the view of the matter coolly set down in the
_Institutes_ of Mr John Erskine (1754), who further takes leave to tell
his readers that ‘there appears nothing repugnant, either to reason, or
to the peculiar doctrines of Christianity, in a contract by which one
binds himself to perpetual service under a master, who, on his part, is
obliged to maintain the other in all the necessaries of life.’ It
appears that the salters and miners were transferred with the works when
these were sold; but a right in the masters to dispose of the men
otherwise, does not appear to have been a part of the Scots law.
In the year 1743, there appears to have been a disposition among the
bondsmen of the coal-mines in Fife and Lothian to assert their freedom.
Fifteen men who worked in the Gilmerton coal-works having absented
themselves in October, and gone to [Sidenote: 1701.] work at other
collieries, their master, Sir John Baird of Newbyth, advertised them, so
that no other master might break the act of parliament by entertaining
them, and also that the deserters might be secured. In the same year,
the Marquis of Lothian had to complain of three boys who ran away from
his colliery at Newbattle, and took refuge amongst the people of another
estate, supposed to have been that of the Viscount Oxenford. He
accordingly addressed the following letter to that nobleman:
‘NEWBATTLE, _July the 21st, 1743_.
Public-domain text, read in full here on John Shaqi.
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