persons prosecuted for felonies (which are extremely rare) have to be
relegated to the Assizes at Launceston.
The patriarchal system has always been much in evidence in the small
Scotch islands, which, for the most part, are the possessions of the
descendants of feudal chieftains. Dr. Johnson adverted to this fact on the
occasion of his famous journey in the North:--"Many of the smaller islands
have no legal officers within them. I once asked, if a crime should be
committed, by what authority the offender could be seized, and was told
that the laird would exert his right; a right which he must now usurp, but
which merely necessity must vindicate, and which is therefore yet
exercised in lower degrees by some of the proprietors when legal process
cannot be obtained." But after observing how the system operated, Dr.
Johnson freely admitted that when the lairds were men of knowledge and
virtue, the convenience of a domestic judicature was great. Owing to the
remoteness of some of the islands and the difficulty of gaining access to
others, it was scarcely possible to bring them under the common law, and
we find that in some instances the proprietors were allowed to act as
magistrates by the Lord-Lieutenant's commission. Some of the old lairds
had a very effective but unjudicial method of enforcing their laws. Lord
Seaforth, High Chief of Kintail, was anxious to abolish a very odious
custom of woman-servitude which prevailed in the island of Lewis. The men
were wont to use the women as cattle, compelling them to draw boats like
horses, and, among other things, to carry men across the deep and
dangerous fords on their backs. This practice greatly disgusted Lord
Seaforth, who found, however, that it was one particularly hard to check.
He arrived one day on horseback at a stream which a peasant was
contentedly crossing, mounted on a woman's shoulders. When the middle of
the stream was reached, the laird urged his horse forward, and came up
with the couple, when by vigorously laying his whip about the back of the
man, he compelled him to dismount, and wade as best he could to the
opposite bank. This practical indication of the laird's wishes aided
considerably in producing a change.
Public-domain text, read in full here on John Shaqi.
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