SCOTLAND. 



the fame kind occur. Even the Hebrides, expofed as they 

 are to the fea, prefent venerable remains of ancient forefts. 

 A yew tree, which grew on a fea cliff in the ilormy illand of 

 Berncra, when cut into logs, loaded a large boat. The 

 ifland lias anciently been filled with woods. Though Lewis, 

 adds Dr. Walker, is now entirely deftitute of timber, there 

 are large trunks of alder, birch, and efpecially of Scots 

 fir, found in its extenfive moffes. Of the dellruftion of 

 thefe magnificent forefts, we are furniflied with a fatisfac- 

 tory account both by hiftory and obfervation. Hero- 

 dian and Dion Caffms inform us, that the emperor Severus, 

 about A.D. 207, employed the Roman legions, with the 

 auxiliary troops, and fuch of the natives as were under his 

 controul, in cutting down the forefts of Scotland, an under- 

 taking, in which (the hiilorian tells us) he loft no lefs than 

 50,000 men. The forell that once covered Mofs Flanders, 

 to the weft of Stirling, appears evidently to have been thus 

 cut down ; the proftrate trees lie under the raols in every 

 direftion, which demonifrates that they have not been 

 overthrown by ftorms, which would have laid them down 

 uniformly. At a later period, John, duke of Lancafter, 

 fet 24,000 axes to work at one time to cut down the woods 

 of Scotland. In the northern parts of Scotland, the Danes 

 cut down and burnt many woods, as did king Robert Bruce 

 in his expedition againft Cumyn. Mr. Graham ot Gartmore 

 has in his pofleftion an original document, relating to the 

 woods of Aberfoyle, now the property of the duke of 

 Montrofe, formerly of the earl of Menteith and Airth. 

 It is an order from general Monk to cut down the woods 

 of Milton and Glefluirt, on account of the (helter they af- 

 forded to the rebels. 



Government. — The political conftitution of Scotland, fince 

 the Union, has been blended with that of England. Previous 

 to that event, the parliament of Scotland was, like England, 

 compofed of peers and reprefentatives of counties and burghs, 

 with this diftinftion, that they fat in one houfe. That wife 

 prince, James I. of Scotland, as has been mentioned, at- 

 tempted to eilabliih a houfe of comynons, in imitation of 

 that of England, but his fubjeils maintained the moit firm 

 refiftance to that enlightened meafure. The molt diftin- 

 guiftied feature of the ancient government is the general 

 aiiembly. The hii;h courts of juitice, and particularly the 

 court of feflions, may be claffcd in the next place. The 

 lords of council and leilion are fourteen in number, bcfides a 

 prcfident ; and on their appointment afi'ume a title, gene- 

 rally derived from the name of an eftate, by which they are 

 addrelled, as if peers by creation. The only appeal from this 

 court is to the houfe of lords. It has long been a fubjcft 

 of regret, that the caufes were not determined by jury, as 

 in England. But this ground of complaint has been very 

 recently removed, and three judges have been appointed to 

 prefide in a court where civil fuits are to be determined by a 

 majority of jurors. Thefe judges have been named lords 

 commiffioners. The court of jufticiary confifts of five 

 iudges, all lords of feflions, with a prcfident, ftyled the lord 

 juftice clerk, as reprefcnting the lords juftice general. This is 

 the fiipreme court of all criminal cafes of importance, which 

 are determined by the majority of a jury, and not by their 

 unanimity, as in England. TIic court of exchecjuer confifts 

 of a lord chief baron, and four barons : in the court of admi- 

 ralty there is only one judge. 



The law of Scotland differs ed'entially from that of Eng- 

 land, being founded, in a great degree, upon the civil law. 

 It partly confifts of llatute law, but many of the ancient 

 cnaftments never having been enforced, reference is made to 

 the dccifions of the court of feflion, which are carefully prc- 



ferved and publidicd, and which afford precedents generally 

 reckoned unexceptionable. There is fcarcely a vcftige of 

 common law, fo that the civil and canon lavi's may be deno- 

 minated the bafis of Scottifti judicature. The inferior courts 

 are thofe of the ftierifi"s of counties, the magiftrates of bo- 

 roughs, the commiftarie?, and the juftices of the peace. 

 While the feudal fyltem prevailed, the hereditary jurif- 

 diftions were nearly abfolute, and every chief maintained 

 an unlimited controul over the lives and property of his 

 vaflals and followers : but this fyilem is now happily abo- 

 liftied. 



Parliamentary ReprefentaUon. — Scotland is reprefented in 

 the Britifii parliament by fixteen peer? and forty -five com- 

 moners, in conformity to the treaty of union between the 

 two kingdoms. The fixteen peers are elecEled for every 

 new parliament by the whole body of the peerage duly 

 qualified to vote at the period when the eleftion takes place, 

 and are not, when once ele6ted, continued for life, as is 

 the cafe in regard to Irifli peers, by the recent union with 

 Ireland. 



Tile following table will give an idea of the diminution 

 that has taken place in the members of the Scottifh peerage 

 fince the Union, and their amount at prefent. 



Tahks of the Scolt'tjh Peerage. 



1. Number of the Scotch peers at the Union, - 154 



2. The duke of Rothfay, when entitled to vote, - I 



3. Added by Uibfequent orders of the houfe of lords, 4 



159 



1. Extant, or dormant, including the title of Solway, 41 



2. Mer^-ed in, or united to other titles, - - 10 



3. Forfeited, - •• - - - 26 



Hemain 



77 

 82 



Of thefe, 23 (including the duke of Rothf.^y) are Britifh 

 peers, but who ftill retain the privilege of voting at elec- 

 tions, and even continue eligible ; though it can hardly be 

 fuppofed that thefe hereditary peers would pcrfuade their 

 brethren not enjoying the fume privilege to eleft them. At 

 the laft eledtion, on the 1 3th of November 181 2, there were 

 three minors, three pcerelies, and two Roman Catholics, con- 

 fequently eight difiju-ilified from voting. The peers who 

 actually voted were fifty-two, and twenty-two were out of 

 the kingdom, or did not vote. 



Of tiie forty-five commoners, thirty reprefcnt countict, 

 and fifteen boroughs. 



The county members are elefted by freeholders pof- 

 fefied of 400/. Scotch of valued rent, in land held of the 

 crown. Tlie only exception to this rule is found in the 

 county of Sutherland ; where, as the greater part of the 

 land is lield of the earl of Sutherland, it became ncccllary to 

 give the vadals of that earldom a right to vote as well at the 

 vaftals of the crown ; and in confequencc of the incoiJider- 

 able number of fniall proprietors in the county, the qualifi- 

 cation of the freeholder was reduced to Tool. Scotch of 

 valued rent. 



The fallowing table fliews the amount of the v.ilucd rent 

 in each county, as it ftood in l<'>74 ; alio the number of qua- 

 lified freeholders returned in the lift drawn up for the year 

 181 1, fince which there has been very little variation. 



E 2 T.\nLr 



