ANTIQUITIES. 
And it was the act of the British 
parliament which was passed, in 
1768, for improving the union of the 
two kingdoms, that putan end to tor- 
ture, by enacting, among other fa- 
vourable regulations, that no person 
accused of any crime in Scotland 
shall be liable to torture. 
Such are the observations which 
hastily occurred to me on perusing 
the before-recited warrant. It you 
should think that document and 
those observations would be ac- 
ceptable to the Society of Antiqua- 
Ties, you will be so good as to pre- 
sent them, in the manner most re- 
spectful to the members and most 
agreeable to yourself. Allow me 
only to add, that [I everam, with 
sincere kindness, : 
Your most faithful 
and obedient servant, 
Gero. CHALMERS. 
On the Offices of Thane and Abthane. 
[From V ol.1.of the Transactions of the 
Society of Antiquaries of Scotland.) 
To the Rt. Hon. the Earl of Buchan. 
My Lord, Friars Carse. 
HE great deference | always 
pay to your Lordship’s opinion 
cencerping any thing relative to the 
constitution and antiquities of Scot- 
land, has induced me to request your 
Lordship’s opinion upon some tre- 
marks | have lately made on the title 
of Thane, in Scotland; and the au- 
thority that was annexed to that most 
ancient aod honourable office, by 
our kings and the estates in the ear- 
lier ages of the Scottish monarchy. 
A Thane, which signifies a ser- 
vant, held (under the king) a juris 
diction over a district called a 
Thanedom, and afterwards a she- 
riffdom, or county. His office was 
to give judgment in all civil and 
A35 
criminal cases within his thane- 
dom. 
Upon perusing the claims of ne- 
reditary jurisdictions in Scoiland, 
when they were annexed to the 
crown, in 1748, I find, that in the 
year 1405, a precept was granted 
by Robert Duke of Albany, Regent 
of Scotland, for infefting Donald, 
Thane of Calder, in his thanedom, 
as heir at law to Andrew, Thane of 
Calder, his father, to whom he had 
previously been served heir, and 
retoured in the heritable offices of 
sheriff (or Thane) of Nairn, and 
Constable of the castle of Nairn. 
He was accordingly seised of his 
lands and thanedom; and the sei- 
sine is produced as a voucher in the 
year 1748, to prove the fact. By 
this it appears, that the Thanes of 
Calder exercised a jurisdiction over 
the thanedom, and afterwards she- 
riffdom, of Nairn. 
The title of Earl (an ‘English 
dignity, derived from the Saxon 
word Ehrc, signifying honour, and 
the monosyllable, al?) was intre- 
duced in Scotland, first, by Mai- 
colm Canmore, and gained ground 
to the prejudice of the more an- 
cient title of Thane. ‘The title of 
Earl was often granted without any 
jurisdiction annexed to it: but the 
dignity of Thane never. And this, 
perhaps, was the chief reason for its 
total disuse in the year 1476, when 
William Thane of Calder, had his 
thanedom erected into a free barouy 
and regality. He was the last Thane 
in Scotland; for the crown, to add 
to its influence, then abolished this 
dignity. 
As to the very ancient title of 
Abthane, I am more at a loss te 
point out the nature and extent of 
its jurisdiction. I find Crinam, 
Abthane of Dull and the western 
Ee2 isles. 
