to make them. Like the Greeks in their unpolished state, defcribed by Thucydides, the Highlanders, till lately, went always armed, and carried their weapons to vifits, and to church.

Mountaineers are thievifh, because they are poor, and having neither manufactures nor commerce, can grow richer only by robbery. They regularly plunder their neighbours, for their neighbours are commonly their enemies; and having loft that reverence for property, by which the order of civil life is preferved, foon confider all as enemies, whom they do not reckon as friends, and think themselves licensed to invade whatever they are not obliged to protect.

By a strict adminiftration of the laws, fince the laws have been introduced into the Highlands, this difpofition to thievery is very much repreft. Thirty years ago no

herd

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herd had ever been conducted through the mountains, without paying tribute in the night, to fome of the clans; but cattle are now driven, and paffengers travel without danger, fear, or moleftation.

Among a warlike people, the quality of highest efteem is perfonal courage, and with the oftentatious difplay of courage are clofely connected promptitude of offence and quickness of refentment. The Highlanders, before they were disarmed, were fo addicted to quarrels, that the boys used to follow any publick proceffion or ceremony, however feftive, or however folemn, in expectation of the battle, which was fure to happen before the company dif persed.

Mountainous regions are fometimes fo remote from the feat of government, and fo difficult of accefs, that they are very little under the influence of the fovereign,

or within the reach of national justice. Law is nothing without power, and the fentence of a diftant court could not be eafily executed, nor perhaps very fafely. promulgated, among men ignorantly proud and habitually violent, unconnected with the general system, and accustomed to reverence only their own lords. It has there-. fore been neceffary to erect many particular jurisdictions, and commit the punishment of crimes, and the decifion of right to the proprietors of the country who could enforce their own decrees. It immediately appears that fuch judges will be often ignorant, and often partial, but in the immaturity of political establishments no better expedient could be found. As government advances towards perfection, provincial judicature is perhaps in every empire gradually abolished.

Those who had thus the difpenfation of law, were by confequence themfelves law

lefs.

lefs. Their vaffals had no fhelter from outrages and oppreflions; but were condemned to endure, without refistance, the caprices of wantonnefs, and the rage of cruelty.

In the Highlands, fome great lords had an hereditary jurifdiction over counties; and fome chieftains over their own lands; till the final conqueft of the Highlands afforded an opportunity of crushing all the local courts, and of extending the general benefits of equal law to the low and the high, in the deepest receffes and obfcureft

corners.

While the chiefs had this refemblance of royalty, they had little inclination to appeal, on any question, to fuperior judicatures. A claim of lands between two powerful lairds was decided like a conteft for dominion between fovereign powers. They drew their forces into the field, and right

F 3

right attended on the ftrongest. This was, in ruder times, the common practice, which the kings of Scotland could feldom control.

Even fo lately as in the laft years of King William, a battle was fought at MullRoy, on a plain a few miles to the fouth of Inverness, between the clans of Mackintof and Macdonald of Keppoch. Col. Macdonald, the head of a small clan, refused to pay the dues demanded from him by Mackintosh, as his fuperior lord. They dif dained the interpofition of judges and laws, and calling each his followers to maintain the dignity of the clan, fought a formal battle, in which feveral confiderable men fell on the fide of Mackintosh, without a complete victory to either. This is faid to have been the laft open war made between the clans by their own authority.

The Highland lords made treaties, and formed alliances, of which fome traces may

ftill