ANCIENT TIONS CON- CONSIDERING the mistakes of more enlightened ages, we $ 2. need not be surprised at the reiterated enactments" for bold- REGULA ing money within the realm," and against the having of victualles, sheep and nolt, falt, wool, coal, and al- FOLICE. most every other article, in thofe days, deemed valuable, Anxiety to "furth of the realm." But" (fays a learned author) “ "man acquainted with the native qualities of the Scotch within the "horfe, will fmile to find, that thofe forry palfries were not "fuffered to be fold out of the kingdom." a hold money realm. regulate Female ap parel. ONE object, which the Scottish legislature long at- Attempt to tempted with as little fuccefs as any, was the regulation of the drefs. female drefs: that the ladies might not put their fathers and husbands to more expence than fuited their rank and fortune; or, in the ftatutory language, that "they make their "wives and daughters in like manner be abuilzied, ganand, "and correspondant fra their eftate; that is to fay," (in the cafe of the wives and daughters of citizens, not in the magiftracy, and of "barones, and uther puir gentlemen, with "in fowrtie pound of auld extent,")" on their heads fhort "curches, with little hudes, as ar ufed 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 " Ia thefe prohibitions, that the faving of expence to the "puir "gentlemen" was chiefly in view, and not any diflike to the fhewy dreffing of ladies, appears not only from the above exception in the cafe of the "halie daie," but also from the ftill minuter directions to wives," within ane hundred poundes" (of land rent), to "wear na filk in lyning, bot ANCIENT TIONS CON POLICE. Wives and directed to drefs in courchies of their own making. "allenarlie in coller and fleeves, under the famin paine," (a fine of twenty pounds to the king 2); and to the husbandCERNING men's wives, to drefs "in courchies of their awin mak"ing." Regulations were also made respecting the dress of the men; fo particularly, indeed, that directions were daughters given both for the halie day and work days dress of the commonalty," that na labourers nor husbandmen weare on "the warke daye, bot gray and quhite; and in the halie day "bot licht blue." So late as the reign of James VI, these regulations were still farther extended by a statute, which mentions what privileged perfons fhould wear filk, clothing, or filver; and very minutely defcribes in what manner apparel fhould be ornamented; and concludes, with ftatuting and ordaining, that "the fashion of cloaths 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 faid cloaths "." And, stranger ftill, even fubfequent to the Revolution, we find in the parliamentary minutes, an "overture for an conftant fashion for cloaths "for men, and another conftant fashion for cloaths for wo66 men, read, and remitted to the committee for elections":" which commiffion appears to have been executed with all due attention and dispatch; for there foon follows another minute in these terms, "Draught of an act, brought in by "the committee for controverted elections, ordering an constant "habit of cloaths for men, and another conftant habit of "cloaths for women ;-read the first time, and ordered to lie on the table f. a James III, parl. 6, 1471, c. 45. James VI, parl. 23, 1621, c. 25, ( e Sept. 22, 1696. Parliament held at Edinburgh by the carl of Tullibardine, as high commißioner to king William. f 5th Oct. 1696. ANCIENT TIONS CON fcribed. BUT what seems to have given the greatest uneafinefs, was § 2. the ufe of the veil; which, however, for ages, continued in REGULA defiance of the legiflature 2. Many and anxious are the CERNING prohibitions," that na woman cum to kerk nor mercat with POLICE. " her face muffaled, or covered, that the may not be kend, Veil pro"under the pane of efcheit of the courchie "." Trains, or "tailes, unfitt in length," were alfo prohibited; and, what long. is amufing, while in Scotland pains were taken to fhorten the "tailes of the ladies," in England equal pains were taken to lengthen thofe of the men ". Trains too AMID this attention to public manners, the pleasures of the table were not overlooked. Statutes were paffed "against "fuperfluous banqueting, and the inordinate ufe of confec"tours and drogges;" on the narrative of "the inordinate Luxury of "confumption, not onlie of fik ftuff as growes within the the table. "realme, bot alfwa of drogges, confectoures, and fpiceries, "brocht from the pairts beyond fea, and fauld at dear prices “to monie folke that are very unabill to fuftene that coafter." BUT that we may not be led from fuch enactments to entertain too high ideas of the wealth and refinement of our ancestors, fir George Mackenzie, in his obfervations on one of them, remarks," that the laws of the twelve tables con"tained feveral fumptuary laws, though there was then little luxury!" 66 and recrea In like manner, government undertook the regulation of the Amusement amufements likewife, and recreations of youth. After the re- tion. turn of James I from England, enactments were repeatedly made, "that the fute-ball and golfe be utterly cried down;" Golf, foot-ball. 2. ANCIENT and "that in na place of the realme, there be used fute-ball, KRGULA- "golf, or uther fik unprofitable sports 2." TIONS CON CERNING Nuifance. lint. UNDER the fame fuperintending care, with a view to public and private happiness and comfort, parliament sometimes Steeping of reftricted individuals even in the use of their own property; 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 faid lochs and burnes, thereby being "infected, is made altogether for the use of man, and very "noysome to all the people dwelling there about b" Which Sir George exercise of property, fir George Mackenzie observes, it seems McKenzie's that the parliament alone can reftrain," else this act had opinion of common "been needlefs; wherefore he states it as questionable, law right. whether paritas rationis fhould extend this act against "fuch as lay ftinking hides, or other such noysome things "in the loches or burns d." But what limitations in the ufe 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, fettled by many later decifions, 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. CHAP. I. Of the Laws relative to the necessitous Poor. HE poor are noticed by the Scottish statutes under THE $. GENERAL VIEW AND unwilling. The latter are checked and punished by many HISTORY. fevere enactments: the former are fuitably maintained by a tax, which is levied from the other members of the community; this religious duty appearing likewife a prudent and neceffary measure of polity. BUT the fevere and falutary difcipline can neither, justly nor effectually, be inflicted upon the one clafs of poor, while the fupport 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 juftices of the peace; to the vigilance and activity of which magiftracy is the execution of the penal enactments against idleness and vagrancy principally intrufted; while the regular eftablishment of parochial affeffments for helpless indigence, has, in more than one place of the country, been first Vel. 11. |