of arms subjected a Highlander to serve as a common soldier, if he should prove unable to pay a fine of fifteen pounds. A second offence was to be punished with transportation for seven years. The statute is 20th George II. chap. 51.

Whatever may be thought of these two statutes, not only restraining the use of arms under the highest penalties, but proscribing the dress of a whole nation, no objection can be made to another Act of Parliament, passed in the year 1748, for abolishing the last effectual remnant of the feudal system, viz. the hereditary jurisdictions throughout Scotland. These last remains of the feudal system, I have repeatedly alluded to, as contrary alike to common sense, and to the free and impartial administration of justice. In fact, they vested the power of deciding all ordinary actions at law in the persons of great landholders, neither educated to the legal profession, nor in the habit of separating their own interests and passions from the causes

which they were to decide as judges. The statute appointed sums of money to be paid as a compensation to the possessors of those judicial rights, whose existence was inimical to the progress of a free country. The administration of justice was vested in professional persons, called Sheriffs-depute (so called as deputed by the Crown, in contradistinction to the Sheriffs principal, formerly enjoying jurisdiction as attached to their patrimony.) Such a Sheriff-depute was named for each county, to discharge the judicial duties formerly exercised by hereditary judges.

This last Act was not intended for the Highlands alone, its influence being extended throughout Scotland. By the Act of 20th King Geo. II. cap. 5, all tenures by wardholding, that is, where the vassal held lands for the performance of military service, were declared unlawful, and those which existed were changed into holdings for feu, or for blencht enures,-that is to say,

either for payment of an annual sum of money, or some honorary acknowledgment of vassalage, so that it became impossible for any superior or overlord, in future, to impose upon his vassals the fatal service of following him to battle, or to discharge the oppressive duties of what were called hunting, hosting, watching, and warding. Thus, although the feudal forms of investiture were retained, all the essential influence of the superior or overlord over the vassal or tenant, and especially the right which he had to bring him into the field of battle, in consequence of his own quarrels, was in future abrogated and disallowed. The consequence of these great alterations we reserve for the next chapter.

CHAP. X.

Allowance granted by France to Charles's Followers-Removal of the Prince from France -Miss Walkinshaw-Charles's Visit to London-Jacobite Intrigues-Death of Prince Charles-and of his Brother, Cardinal Duke of York-Changes effected in the Highlands by the Measures adopted in consequence of the Rebellion Decay of the System of Clanshipthe Jacobites become reconciled to the House of Hanover-Restoration of the Forfeited Estates -The Highland Garb again permitted to be worn-Introduction of Store-Farming-Improvement in the Commerce of Scotland.

BEFORE giving a farther account of the effect produced on Scotland and its inhabitants by the Disarming Act, the Jurisdiction Act, and other alterations adopted into the law of Scotland, in consequence of the

insurrection of 1745, we may take some notice of the melancholy conclusion of Charles Edward's career, which had commenced with so much brilliancy. There are many persons like this unfortunate Prince, who, having failed in an effort boldly made and prosecuted with vigour, seem afterwards to have been dogged by misfortune, and deprived, by the premature decay of the faculties they once exhibited, of the power of keeping up the reputation gained at the beginning of their career.

On his first arrival in France, with all the eclat of his victories and his sufferings, the Chevalier was very favourably received at Court, and obtained considerable advantages for some of his followers. Lochiel and Lord Ogilvie were made lieutenantcolonels in the French service, with means of appointing to commissions some of the most distinguished of the exiles who had participated in their fate. The Court of France also granted 40,000 livres a-year for the support of such Scottish fugitives