Part II. fore they fay Madame la Chanceliere, Madam la Prefidente; but it is not fo in Scotland, where Offices are believed to be beftowed on Hushands upon a Perfonal Account, which is not communicable to their Wives: And yet in fome temporary Dignities, fuch as that of Knight Batchelors, the Wife participates of the Husband's Title and Precedency, tho this proceeded originally rather from Courtefy thán Law: For by the Heralds Records of old, a Knight's Wife enjoyed only his Honours during the Spoufals, and were not in Law to be called Dame Alice, or Dame Catherine &c. when once the Marriage was diffolved. By the Law of Scotland alfo, if a Woman have Precedency by ber Birth or Defcent, the ftill retains the fame, tho' fhe marry a Perfon of inferior Dignity; but it's obfervable that if the Daughter of a Nobleman marry another Nobleman, fhe lofes the Precedency due to her by her Birth, tho' fhe does not lofe it by marrying a Gentleman; the Reafon whereof is, because by marrying a Nobleman, the receives a Feudal Dignity which fuppreffes the first. If a mean Woman marries a Nobleman who has been degraded by Forfeiture or other wife, the still retains the Privilege due to her by her Husband, for Crimes are only Perfonal. The Ladies of the Queen's Privy-Chamber, tho' the Queen is dead, in the time of Mourning take their place as if the Queen was living till the Funerals are ended; and the Queen's Women of the Bed Chamber at the Funeral, go before Connteffes Women, without Prejudice to the Counteffes Women thereafter. The Wives and Daughters of all Dukes, Marquiffes, and Earls, &c. take place in this Order: The Wives of Dukes of the Blood- .The Wives of the younger Sons of Royal. The Wives of other Dukes. The Wives of the Eldeft Sons of Dukes of the Blood-Royal. The Wives of the eldest Sons of The Daughters of Dukes. The Wives of the eldeft Sons The Daughters of Marquiffes. Marquiffes. The Wives of Barons that are called The Wives of the eldeft Sons of The Daughters of Viscounts. The Wives of the eldeft Sons of The Daughters of Barons. of The Wives of Knight Banne of The Wives of the eldest Sons of Daughters of Earls. The Wives of Viscounts. rets. The Wives of the younger Sons of The Wives of Knight Baronets. The Daughters of Bannerets. The The Wives of the eldeft Sons of The Queen's Maids of Honour. The Daughters of Knight Baronets. The Wives of Lairds. The Daughters of Knight Batche- The Wives of Citizens. Servants.] Servants are diftinguished into a twofold Capacity in Scotland, the first are fuch as hold Lands of their Lords in perpetual Vaffilage, and fo they and their Pofterity are in this manner Servants to the Lords for ever, in Tilling and Husbanding their Lands, and returning the Profits of them to the Proprietor, and with fuch Allowance for their Maintenance as their Lords are pleafed to allow them. The other are hired Servants of both Sexes, under certain Annual Wages, and for a Time agreed upon, who are not to leave their Service at their own Pleasure; for, if only hired from Martimas to Whitsun tide, they may be detained by their Mafters, or compelled by a Justice of the Peace to stay with them for the fame Hire from Whitsunday to Martimas, unless the Servant can verify to the Juftice of the Peace, or Conftable of the Bounds, that he is hired to another Mafter. And a Juftice of the Peace may compel a Servant running away, to return to his Mafter or punish him. B CHAP. V. Of the Laws of Scotland. Efore the Reign of King Malcolm, who for his great Head was called Canmore, and was contemporary with King William I. of England, the Scots had no forts of written Laws. The King gave Judgment from fome little Mount where he cou'd be most conveniently heard and feen by the Parties concern'd, which for that reafon was commonly known by the Name of the Mute-hill; and all emergent Controverfies of an inferior Nature, and in Common-Pleas, were ended by a Jury of Seven, Nine, Eleven and Thirteen, or as was most ufual, Fifteen honeft Men in the Neighbourhood. These were the ordinary Judges of Law and Fact, and the Majority of their Votes was always scquiefced in, as a definitive and final Sentence. The first Authentick Body of Laws of the Kingdom of Scotland, if even that may be juftly esteemed fo, is the Regiam Majeftatem, fo called from the two initial Words of the Book, or as it is commonly called, the Majefty; the Compiler whereof declares that King David I, put him upon making that Collection, and that it was taken out of a Vaft Number of old Law Books, as a Manual of the most common Practice Part II. Practice of the then Courts of Judicature, a great Part of which is borrowed from the Civil Law. Cibil Law.] The Civil Law, ftrictly fo called, is the Rule of all Proceedings in Scotland, where the Statute Law is defective; upon the Civil Law the folemn Judgments in Law Cafes have been collected, which are called Practiques, a Word of the fame Importance with that of Reports in England. Tho' there is a greater Harmony betwixt the Laws of England and Scotland, than one wou'd imagine: For the Acts of Sederunt are the fame with the Rules of Court in England: The Scottish Proclamations revive obfolete Statutes, and fo do the English: The Scottifh Letters of Advocation are all one with the Prohibitions in England: Both Nations agree in their Practice in the fecret Examination of married Women, in paffing of Fines; and the Fus relecta, i. e. 1 the Scottish Terces, and the English Thirds are the fame. The Scottish Wadfets and Reversions answer to the English Mortgages and Defeafances; their Poinding of Goods after Letters of Horning, differs not from the English Executions upon an Outlawry: Nor does the King's Remiffion in Scotland free from Affything, any more than his Pardon in England Foreclofes an Appeal. Municipai Lam.] The Municipal Law confifts either of us of Parliament, or of the Cuftom and Practices of the College of Juftice, which in Cafes not otherwife adjudged, have the Force of Acts of Parliaments; and when neither of these contradicts, the Civil Law is of force, which in Truth is the Common-Law of Scotland. foreft Laws.] Foreft-Laws were defigned for the good Government of the King's Forefts, Parks, Woods and Chafes; to prevent Pafiuring in Forefts by fuch as have no Right to it, or without License from the Comptrollers or Keepers, who if they fuffer it are to forfeit that Office, and the Offender's Chattels to be Elcheated to the King: Alfo to punish Fellers of the King's Woods, Slayers of Deer or Wild. Fowl therein, with Bow, Gun, Dog, Hawk, or other Engine, or those that Thoor with any Gun therein, or in the Night, within a Mile thereof, or flay any Deer ftraying in time of Storm, under the Penalty of ha ving all their Goods Efcheated; to prevent Hunting or Hawking within Six Miles of the King's Woods, Parks, Chafes and Places, under the Penalty of 100l. half to the King and half to the Delator (i. e. Informer) which Penalties the Keepers of Forefts, and others having Right thereto by their Infeoftments, have Power to inflict upon Tranfgreffors, after Trial and Conviction by an Inqueft. Registers.] The Law of Scotland is eafy and regular, by reason of Publick Regifters, of which there are two forts, for recording Conveyances of the Lands and Poffeffions of private Subjects; whereof one is General and fixed at Edinburgh. for the Ufe of the whole Kindom, the other is more particular in the feveral Shires, Stewartries and Regalities; they were first Establish'd by Act of Parliament in the Reign of King James VI. face which time they are the best Repofitories of Records, relating to Civil Rights of the Subjects; which are fo full, that Titles are much more cafily underfood, than can be done with out out them; for by this means Men are not cheated in purchafing and conveying Eftates; which may appear by the following InAtances. No Man can have a Right to any Eftate, but by his being Seized of it; and that must be Regiftred within fixty Days, otherwise 'tis of no Effect; by which Means all fecret Conveyances are cut off; for if no Seizure be pafs'd upon them, or if they be not entred in the Regifter, which every one is at Liberty to fearch, the Conveyance is of no force. Secondly, All Bonds have a Claufe in them for inferting them in the publick Regifters, and they being Regiftred, without any further Action, by a Charge of Six Days the Debtor must make Payment, otherwife Writs, called Letters of Horning, Caption and Poinding, are given out; by the first of which the Party is under Outlawry and Rebellion, and forfeits to the King his Personal Estate, and if he continue a Year under it, the Life-rent of his real Estate, in which the Creditor is preferr'd for his Intereft, and the reft goes into the Exchequer. By the Letters of Caption the Debtor is feized and put into Prifon, nor is his Houfe a Place of Security, but may be searched for him. By the Letters of Poinding, the Debtor's Goods may be diftrained where-ever they can be found. A third Instance is, that any Creditor may ferve a Writ on his Debtor, called Letters of Inhibition, which hinders him from making any Difpofition of his Goods or Eftate, till the Creditor is fatisfied, and all is Null and to no Effect that he doth afterwards, if thefe Letters be return'd regiftred within Twenty-one Days after they are ferved, otherwise they are of no force. In fhort, all Reversions, Regreffes, Bands and Writs for making the fame, Affignations thereto, Difcharges thereof, Renunciations of Woodfets, Grants of Redemption, and all Inftruments of Seizing, are to be regiftred in the General Registry, to be appointed by the Clerk Register at Edinburgh, or in particular Registers for that purpose, within Threefcore Days after Date of the fame; and Exacts out of the faid Register, make Faith in all Cafes, except in the Cafe of Improbation: And if any of the faid Writs fhall not be RegiArate, they are Null in Prejudice of a third Party; but not against the Maker thereof and his Heirs. This Registration is annexed to the Clerk Register's Office, and is to be made by him or his Deputies within 48 Hours after the Receipt of the Writs, under Pain of Deprivation of the Clerk of his Place and Office of Notary; who are alfo to deliver back the Writs, mark'd with the Day, Month, Year and Leaf of the Registration, for which he is to receive Twenty-fix Shillings and Eight Pence for his Fee, and then they are deliver'd to the Clerk Regifter, to be Patent, and Extracts thereof given to the Proprietors: Which Law now extends to all Lands in Burghs and their Liberties, and the Town-Clerks are to keep a feveral Book for their Registrations, depending only on the Magiftrates and not the Clerk-Register. All Letters of Horning, Inhibitions, Interdictions, Seafins and Reversions, are all to be regiftred; the first within 15 Days, the fecond and third within 40 Daysa Days, and the two laft within 60 Days, or elfe they are Null and of no Effect. All Charters and other Writs paffing the Great Seal and Privy Seal, must be regiftred by the Writers thereto, in the Regifters thereof, and no Keeper must append the Seal to any Writ before he receives a Certificate that the Inftruments are register❜d. CHAP. VI. Of the Diet, Attire, Recreations, and Buildings of the Scots. Dict. THE WHE Diet of the Scots, is agreeable to their Eftates and Quad lities No People eat better or have greater Varieties of Flesh, Fish, wild and tame Fowl, than the Scots Nobility and Gentry in their own Country, where they can furnish their Tables with Ten Dishes, cheaper than the English can provide Three of the fame Kinds; and for their Wines, the French themselves did not before the Union drink better, and at very easy Rates. The Tradeímen, Farmers and Common People, are not fuch exceflive Devourers of Fleft, as Men of the fame Rank are in England. Milkmeats and Oatmeal feveral ways prepared, and Cale and Roots dreffed in feveral manners, is the conftant Diet of the poor People; (for Roaftmeat is feldom had but on Gaudy Days;) and with this kind of Food they enjoy a better State of Health than their more Southern Neighbours, who fare higher. attire.] Antiently, all Degrees of Men and Women were deter mined in Scotland by the Sumptuary Laws of the Kingdom. None might wear Silk or coftly Furring, except Knights and Barons of Two Hundred Marks yearly, and their eldest Sons, without License from the King, for no other Perfon wear Broidery, Pearl or Bullion; and by a Special Act of Parliament made in the Reign of King James II. no Women were allow'd to come to Kirk or Mercat with their Faces Muffell'd, under Pain of the Efcheat of the Coutchy. The folemn Apparel or Manner of Arrayments for Members of Parliament, for Speakers, for Magiftrates of Burghs, Lords of Seffion and other inferior Judges, were appointed by the King. And all Kirkmen (i.e. Minifters) were order'd to wear Black; and by the Act of Trade in the Reign of King Charles II. Men and Women were prohibited from wearing any Cloaths trimmed with Gold or Silver Buttons, Laces, Embroidery, Fringes, or Filigrane, Silks or Stuffs wherein was either Silver or Gold Thread, upon Pain of Forfeiting the Cloaths and Five Hundred Marks of Fine, toties quoties: Which has been carefully obferved, and at prefent nothing is worn but decent plain Cloth or Stuff, by Men of the beft Quality of this Country; except Military Officers that are privileged in time of Service to wear Laced Liveries, and cut of Service till they have worn them out. The meaner Sort in the Low Lands are habited like the English, except their Bonnets and Plaids, which they wear |