Considering the mistakes of more enlightened ages, we AV^,^„r need not be surprised at the reiterated enactments "for hold- treoLA"ing money •within the realm1," and against the having of N'£.°N" victualles1', sheep and noltc, salt d, woole, coal f, and al- rouct. most every other article, in those days, deemed valuable, "funh of the realm." But" (fays a learned author) " a i,0MmTM °y "man acquainted with the native qualities of the Scotch wi ,h!n lhc "horse, will smile to find, that those sorry palsries were not "suffered to be sold out of the kingdom*."

One object, which the Scottish legislature long at- *Utc£(pt to tempted with as little success as any, was the regulation of ih£ dress, female dress: that the ladies might not put their fathers and husbands to more expence than suited their rank and for- Fem;'lc °F

* parti.

tune; or, in the statutory language, that " they make their
"wires and daughters in like manner be abuilzied, ganand,
M and cvrespondant fro their estate; that is to fay," (in the
cafe of the wives and daughters of citizens, not in the ma-*
gistracy, and of "barones, and uthcr puir gentlemen, with-
"in fowrtie pound of auld extent,") "on their heads short
"curches, with little hudes, as ar used in Flanders, Eng-
"land, and uther cuntries; and as to their gowns, that na
"women wear mertrickes, nor letteis, nor tailes unfit in
*' length, nor furred under, bot on the halie daie V
these prohibitions, that the saving of expence to the "puir
"gentlemen" was chiefly in view, and not any dislike to the
fhewy drefling of ladies, appears not only from the above
eiccption in the cafe of the "halie daie," but also from the
still minuter directions to wives, " within anc hundred
"poundes" (of land rent), to " wear na silk in lyning, bot

'1415,0.49; 1436. c- *49; '449. e I577.C

tie*,Ac s Wallace"!Peerage,p.47. 1454,

* mS, «• 45- c

fy8i,cii4- » James II, par!. 14,1457, e. ;p.

1 Wh J8

kMcicwT "allcnariie in toiler and fleeves, under the samin paine," (a Recola- fine 0f twenty pounds to the king a); and to the husband

TION8CON* . . l/* • i • _ . . . _

Cerning mens wives, to dress "in courchies of their awin makPolice. « jngb." Regulations were also made respecting the dress Wives and °^ mcn' ^° Particu'arty» indeed, that directions were daughters given both for the halic day and work days dress of the ckrss^ l° commonalty, " that na labourers nor husbandmen weare on courchies "tlæ tvarke daye, bot gray and quhite; and in the halie day own mak- " hot licht blue." So late as the reign of James VI, these re■* gulations were still farther extended by a statutec, which mentions what privileged persons should wear silk, clothing, or silver; and very minutely describes in what manner apparel Ihould be ornamented; and concludes, with statuting and ordaining, that w the fashion ef deaths now presently used be "not changed by men nor women, and the wearers there?* of, under the paine of forefaultrie of the cloaths, and of ** an hundred pounds, to be paid by the wearer, and as «« much by the maker of said cloaths d." And, stranger still, even subsequent to the Revolution, we find in the parliamentary minutes, an " overture for an constant fashion for cloatlis «' for men, and another constant fashion for cloaths for wo"men, read, and remitted to the committee for eleclions c .-" which commission appears to have been executed with all due attention aud dispatch; for there soon follows another minute in these terms, " Draught of an act, brought in by "the committee for controverted eleclions, ordering an constant "habit of cloaths for men, and another constant habit of "cloaths for women ;—read the first time, and ordered to f* lie on the table f. '

a James III, parl. 6, 1471, c. AS- 'Sept. »*, 1696. Parliament heU

b James II, 1457, c. 70. at Edinburgh by the carl of Tullibar

c James VI, parl.»3, x6si>c2J. dine, as high commissioner to king d Jbid. William.

f 5th Oct. 1696.

But what seems to have given the greatest uneasiness, was $ the use of the veil; which, however, for ages, continued in neuu. defiance of the legislaturea. Many and anxious are the Cimb'ino"" prohibitions, ** that na woman cum to kerk nor merest with rouez. "her face muffaled, or covered, that (he may not be kend, Vc'I Pr°


"under the pane of escheit of the courchie b." Trains, or
44 tailes, unfitt in length e," were also prohibited ; and, what iong.
is amusing, while in Scotland pains were taken to ihorten
the " tailes of the ladies," in England equal pains were taken
to lengthen those of the men d.

Amid this attention to public manners, the pleasures of the table were not overlooked. Statutes were passed "against "superfluous banqueting, and the inordinate use of confec"roars and drogges;" on the narrative of " the inordinate Luxury of "consumption, not onlie of sik stuff as growes within the tl* t3l>le• "rcalme, hot alfwa of drogges, confectoures, and spiceries, "brecht from the pairts beyond sea, and sauld at dear prices to monie falke that are very unabill tosufiene that ccajie*."

Bdt that we may not be led from such enactments to entertain too high ideas of the wealth and refinement of our ancestors, sir George Mackenzie, in his observations on one ©f them, remarks, " that the laws of the twelve tables con"tained several sumptuary laws, though there wax then little "luxury '."

Is like manner, government undertook the regulation of the Amusement -ir.usernents likewise, and recreations of youth. After the re- recre*" tarn of James I from England, enactments were repeatedly made, " that the fute-ball and eolfe be utterly cried downs •" Golf,

* PinkerUm, vol. ii, p. 435- e 1581, c. 114; 1621, c. 25.

* HS7, c 71. f Observations on pari. 13, Jamei cst. VI, act 15.

<j Edw. IV, Henry'* Hist. v. 1, l 14*4, c. 17 s 14.57, =• 6$.


•IENT an<* " *^at *n na place oftne realme, there be used fute-ball,

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foucv. Under the fame superintending care, with a view to publie and private happiness and comfort, parliament sometimes

Steeping of restricted individuals even in the use of their own property;

liat- for example, they prohibited "the laying of lint in lochs "and burns," as " not only hurtful to all fishes bred within "the famine, and bestial that drinks thereof, but also the "haill waters of the said lochs and burnes, thereby being "infected, is made altogether for the use of man, and very "noysome to all the people dwelling there aboutb :" Which

Sir George exercise of property, fir George Mackenzie observes, it seems

M;Kenzie's fat the parliament alone can restrain, " else this act had

opinion of"'

ctmmon "been needless c; wherefore he states it as questionable,

law right. w[)etiier par,tas rationis should extend this act against "such as lay stinking hides, or other such noysome things "in the loches or burns d." But what limitations in the use of property, whether within or without borough, proprietors are under for the fake of their neighbours or of the public, being a subject of practical importance, settled by many later decisions, will come more particularly under our notice in the chapter relative to the public health and convenience. In the meanwhile, we proceed to those other branches of the police, to which we have devoted separate chapters.

■ 1491, c. it. ■ c Observations, j>. 234.

* 1606,0.13. d Ibid.


Of the Laws relative to tie necessitous Poor.

I nr^HE poor ate noticed by the Scottish statutes under 5.

JL two classes. The one are unable to work: the other, y,W *no unwilling. The latter are checked and punished by many Msto»y. severe enactments: the former are suitably maintained by a tax, which is levied from the other members of the community; this religious duty appearing likewise a prudent and necessary measure of polity.

But the severe and salutary discipline can neither, justly nor effectually, be inflicted upon the one class of poor, while the support of the other is neglected. Thus intimately connected together, both these branches of political economy are generally regulated by the very fame statutes. And both furnish various and important duties to justices of the peace; to the vigilance and activity of which magiftncj is the execution of the penal enactments against idleness and vagrancy principally intrusted 5 while the reguhi establishment of parochial assessments for helpless indigence, has, in more than one place of the country, been first

Fcl. //• B

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