and his retinue. On their departure, the carl set fire to the palace, an honor that excited the ambassador's surprise; but the king informed him it was customary with Highlanders to burn those habitations they deserted. The earl's hospitality was estimated at the daily expense of a thousand pounds sterling.

During the present period, several games were invented or practised to diffuse archery, for the promotion of which, bowls, quoits, cayles, tennis, cards and dice, were prohibited by legislature as unlawful games. Tennis, however, was a royal pastime in which Henry VIII, in his youth, delighted much; but the favorite court amusements, next to tournaments, were masques and pageants the one an Italian diversion subservient to gallantry, the other a vehicle of gross adulation.

The diversions of people of rank continued much the same for about five centuries after the Norman conquest. But in the course of this period card playing* was first introduced into Britain.

*

Playing cards were made, and probably first invented about the end of the fourteenth or beginning of the fifteenth century, by Jaquemain Gregonneur, a painter, in Paris, for the amusement in his lucid moments, of that unhappy prince, Charles VI, as is evident from the following article in his treasurer's account: Paid fifty shillings of Paris, to J. Gregonneur, the painter, for three packs of cards, gilded with gold, and painted with diverse colors and devices, to be carried to the king for his amusement.' From this it appeared that playing cards were very different in appearance and price from what they are at present. They were gilded, and the figures painted or illuminated, which required no small genius, skill, and labor. The price as above for three packs, was a considerable sum in those times; a circumstance which perhaps prevented playing cards from being much known or used many years after they were invented. By degrees, however, cards became cheaper and more common; and we have the evidence of an act of parliament, that both card playing and card making were known and practised in England before the end of this period. On an application of the card-makers of London to parliament, A. D. 1463, an act was made against the importation of playing cards.

ANNO DOMINI 1400 AD A. D. 1548.

Civilization indeed had not hitherto made such progress in England as entirely to abolish slavery. Yet few land-owners or renters were to be found who did not prefer the labor of free-men* to that of slaves. This circumstance diminished their number, and the perpetual civil contests enfranchised many, by putting arms in their hands. Within a few years after the accession of the Tudors, slaves were heard of no more.† Scotland was not so happy. The unfortunate death of the Norwegian Margate, had involved the realm in a long and bloody contest with its powerful neighbor; and, although the gallant and free spirits of the Scots had preserved the

But if the progress of card playing was slow at first, it has since become sufficiently rapid and extensive, to the ruin of many who have spent too much of their time in that infatuating amusement.

*The value of free-men who would labor in agriculture was so well known, that statutes were passed to prevent any person who had not twenty shillings a-year, (equal to ten pounds sterling, modern money) from breeding up his children to any other occupation than that of husbandry. Nor could any one who had been employed in such work until twelve years of age, be permitted to turn himself to any other vocation. Public Acts.The condition of the slaves in England was as completely wretched as the despot who owned them, might please to make. His goods were his master's, and on that account were free from taxation; and whatever injuries he might sustain, he had no power to sue that master in any court of justice.

† A reflection made at the close of the 15th century is the more remarkable (by Philip de Comines) as it was given voluntarily, at the close of the longest and most bloody civil war with which the English annals can be charged. In my opinion,' (says the judicious observer quoted) in all the countries in Europe where I was even acquainted, the government is no where so well managed, the people no where less obnoxious to violence and oppression, nor their houses less liable to the desolations of war, than in England; for there the calamities fall only upon the authors.'

independence of their country, notwithstanding their inferiority in numbers, wealth, and discipline, it could not prevent the preponderance of a most odious and tyrannic aristocracy. Perpetual domestic war loosened every tie of constitutional government; and a Douglas,* a Crichton,† or a Donald of the Isles,‡ by turns, exercised such

*

Oppression, ravishing of women, theft, sacrilege and all other kinds of mischief, were but dalliance. So that it was thought less on in a depender on a Douglas to slay or murder; for so fearful was their name, and so terrible to every innocent man, that when a mischievous limmer was apprehended, if he alleged that he murdered, and slew at a Douglas's command, no man durst present him to justice. Lindsay of Pettscotic.

† In consequence of James I opposition to the aristocracy, he was induced to silence his ministers, officers, and counsellors, not from haughty nobles who rivalled his power, but among the lower class of barons or private gentlemen. From these James selected accordingly several individuals of talent, application, and knowledge of business, and employed their counsels and abilities in the service of the state without regard to the displeasure of the great nobles, who considered every office near the king's person as their own peculiar and patrimonial right, and who had in many instances converted such employments into subjects of hereditary transmission. Among the able men whom James thus called from comparative obscurity, the names of two statesmen appear, whom he had selected from the ranks of the gentry, and raised to a high place in his councils; these were Sir William Crichton, the Chancellor,and Sir Alexander Livingston of Calendar; both men of ancient family, though descended from Saxon ancestors; they did not number among the greater nobles who claimed descent from Norman blood. Both, and more especially Crichton, possessed talents of the first order, and were well calculated to serve the state. Unhappily these two statesmen, on whom the power of a joint reigning devolved, were enemies to each other, probably from ancient rivalry; and it was still more unfortunate that their talents were not united with corresponding virtues; for they both appear to have been alike ambitious, cruel, and unscrupulous politicians. It is said by the Scots' Chronicles, that, after the murder of the king, the parliament assigned to Crichton the chancellor, the administration of the kingdom, and to Livingston the care of the person of the young king.

The Lords of the Isles, during the utter confusion which extended through Scotland during the regency, had found it

despotism, and inhumanity, as no monarch in the fif teenth century would have dared to practice.

JURISPRUDENCE.

The endeavors of the First and Second James were turned towards improving the jurisprudence of the country, by engrafting on it the best parts of the English sys tem; but the suddenness of their deaths, and the weak reign of their successor James III, prevented these people from receiving much benefit from such laudable designs.

The parliament of Scotland at this period, had nearly monopolized all judicial authority. Three committees were formed from the house (for there was only one) soon after the members met. The first, like the 'Friers' in England, examined, approved, or disapproved of petitions to the senate; the second constituted the highest

easy to reassume the independence of which they had been deprived during the vigorous reign of Robert Bruce. They possessed a fleet with which they harassed the main land at pleasure; and Donald who now held that insular lordship, ranked himself among the allies of England, and made peace and war as an independent sovereign. The Regent had taken no steps. to reduce that kinglet to obedience, and would probably have avoided embarking in so arduous a task, had not Donald insisted upon pretentions to the Earldom of Ross, occupying a great extent in the north-west of Scotland, including the large Isle of Sky, and laying adjacent to, and connected with his own insular domains. The regent Albany, however, after the battle of Marlow, compelled him to submit himself to the allegiance of Scotland, and to give hostages for his future obedience. 'Donald,' says Lindsay, gathered a company of mischievous cursed limmers, and invaded the king in every airth, whenever he came, with great cruelty; neither sparing old nor young; without regard to wives, or feeble or decrepit women, or young infants in the cradle; which would have moved a heart of stone to commiseration; and burned villages, towns, and corn!

VOL. I.

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2

court in all criminal prosecutions, as did the third in civil ones. And as every lord of parliament, who chose it, might claim his place in each of these committees, almost the whole administration of law, civil as well as military, resided in the breast of the Scottish nobility. There was another court, that of session, of which the members and the duration were appointed by parliament.

The justiciary (an office discontinued in England as too potent) was still nominally at the head of the Scottish law, and held courts which were styled 'justiciaries,' as did the chamberlain, 'chamberlainares:' from the courts there was allowed an appeal to a jurisdiction of great antiquity, styled, the four Bourroughs' Court.' This was formed of burgesses from Edinburgh, and three other towns, who met at Haddington, to judge on such appeals.*

own.

There was one abuse, however, which rendered every court of justice nugatory! It had become a custom for the Scottish monarchs to bestow on their favorites not only estates, but powers and privileges equal to their These were styled 'Lords of Regalities:' they formed courts around them, had numerous officers of state, and tried, executed, or pardoned the greatest criminals. The good sense of James II prompted him to propose a remedy for this inordinate evil; but two admirable laws which he brought forward (the one against granting regalities,' without consent of parliament; the other to prohibit the bestowing of hereditary dignities) were after his decease neglected; and Scotland continued two centuries longer a prey to the jarring interests of turbulent, traitorous noblemen.

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Although every obstruction had occurred which ruinous foreign wars, and still more detestable civil contentions could cause, some advantage in the interim had been gained to the cause of general security. About the

* Public Acts.