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gives of the torturing of Spence, confirms the then recent use of the thumbikens. "Spence," says he, "was struck in the boots, and continued firm. Then a new species of torture was invented; he was kept from sleep eight or nine nights. They grew weary of managing this; so a third species was invented; little screws of steel were made use of, that screwed the thumbs with so exquisite a torment, that he sunk under it." This point, we think, is put beyond all doubt by the following act of the Privy Council in 1684, quoted in Wodrow's invaluable History." Whereas there is now a new invention and engine called the thumbikens, which will be very effectual to the purpose and intent foresaid, (i. e. to expiscate matters relating to the government ;) the Lords of his Majesty's Council do therefore ordain, that when any person shall by their order be put to the torture, that the boots and thumbikens both be applied to them, as it shall be found fit and convenient."

"

Thus, then, it seems clear, that the

History of the Sufferings of the Church

of Scotland, Vol. II. p. 347,

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thumbikens, whether imported from abroad, or invented at home, was a mode of torture which had been only recently introduced, at the frightful period to which we have just been referring;-a period well fitted, either for the reception or the production of any new device, calculated to extend the outrages of power over its unhappy victims. This being the case, we see no good reason for not going a step farther, and taking the account of its introduction which is given by Lord Fountainhall. It was upon the persecuted Presbyterians that this species of torture was first inflicted; and who among all their persecutors was there more likely to enhance their sufferings by any new device, than the ruthless commanders, whom this Judge, their contemporary, points out as its authors?

It was during this atrocious persecution, when every right and feeling of humanity were trampled under foot, with a degree of wantonness and barbarity unparalleled in the annals of any other country, that the use of the torture reached its height. "To so great an extent," says Mr Hume in his Commentaries on the

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Criminal Law, was this iniquity carried in those days, that confessions obtained in this way were made use of as an evidence in modum adminiculi, towards the conviction even of third parties; the confession of William Carstares, for instance, against Baillie of Jerviswood." Every one at all acquainted with our history must know that Mr Carstares, afterwards Principal of the University of Edinburgh, was deeply concerned in those unfortunate transactions, which brought Argyll to the scaffold in Scotland, and Russel and Sydney in England. He was seized in England, and being sent to Scotland, was, on the 5th of September 1684, + tortured with the thumbikens before the secret committee of the Privy Council, in order to force him to reveal the names and designs of his associates. An hour and a half of this cruel operation, during which the sweat streamed from his face, and some cries of agony were extorted, did not, however, render him subservient to the wishes of his inhuman tormentors; among whom the Earl of Perth, true to the general infamy and atrocity of his character, stood conspicuous; urging the executioner to press the screws, while the Duke of Hamilton and the Earl of Queensberry left the room, unable any longer to witness the revolting spectacle. It was this same miscreant, Perth, who, some time before, at the trial of Sir Hugh Campbell, accused of rebellion, endeavoured, in his then capacity of Justice-General, to urge on and to lead a suborned witness, who was unable to say any thing against the prisoner, till he, the Justice-General, was stopped by the jury; and this because he had ob

See Hume's Commentaries, Vol. II. ch. 12.--Nothing can more clearly shew the darkness of men's minds in those dire times, as to the plainest principles of justice and evidence, than the following passage of Lord Fountainhall. "Some doubted how far testimonies extorted per torturam could be probative against third parties, seeing witnesses should be so far voluntary and spontaneous, as to be under no terrors of life or limb; but others judged them best to be credited then." Decisions, Vol. I. p. 303.

+ Fountainhall's Decisions, Vol. I. p.

302.

McCormick's Life of Carstares, prefixed to his Stute Papers.

tained a promise of Sir Hugh's estate for his brother, provided Sir Hugh should be condemned. He was accustomed, as Burnet tells us the Duke of York when in Scotland had been, to behold the sufferings of those tortured before him "with an unmoved indifference, and with an attention, as if he had been to look on some curious experiment." Carstares, as we have said, did not utter any confession when under the hands of this arch inquisitor, though the passage quoted above from Mr Hume's Commentaries might lead the reader to that conclusion; as would also the first notice of his case by Lord Fountainhall. ‡ It appears that he was afterwards prevailed upon to give some information affecting Baillie of Jerviswood and others, under an express stipulation that he should not be brought forward as a witness, and that no use should be made of his communications at their trial; § but no faith was kept with him in this respect; and his declaration so obtained was, as Mr Hume states, admitted as an adminicle of evidence in the shameful trial and condemnation of Mr Baillie.

It would appear, from Fountainhall, that the new torture of the thumbikens was looked upon as extremely cruel; and he adds, that the Privy Council would have "contracted some tash" by the frequent use of it at this time, had they not succeeded in thereby extorting some confessions. He mentions, too, that, in some of these successful cases, it had proved its efficiency over the boots, because tried upon persons having small legs.

After the Revolution, the Privy Council of Scotland presented Mr Carstares with the identical thumbikens with which he had been tortured in 1684. T

This curious relic is still preserved by Mr Dunlop, who has kindly enabled us to give the figure of it, which accompanies this article, and which the engraver has contrived to exhibit in such a way as

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makes us acquainted with the heroic sufferings of our forefathers, and the evil doings of their rulers,-which is calculated to sharpen our moral feelings against the abuses of power, or to shew, what is more grateful, the solid advances made by our country in the arts of legislation and government.

to represent a picture of the thumbi-
kens in action. There is an anecdote
handed down among the descendants
of Mr Carstares, in regard to this in-
strument, which we shall copy here, as
we find it narrated in the fifth volume
of the Statistical Account of Scotland.
"I have heard, Principal," said King
Williamn to him, when he waited on his
Majesty after the Revolution, "that
you were tortured with something they
call thumbikens ; pray what sort of in- ORIGINAL
strument of torture is it?" "I will
shew it you," replied Carstares, "the
next time I have the honour to wait
on your Majesty." The Principal was
as good as his word." I must try
them," said the King;-" I must put
in my thumbs here now, Principal,
turn the screw.-O not so gently
another turn-another-Stop! stop!
no more-another turn, I'm afraid,
would make me confess any thing."

What share of truth there may be in this story, we know not; but whatever King William's personal opinion of the use of torture may have been, thus much is certain, that there is one case recorded in the proceedings of the Privy Council of Scotland, which shews that the thumbikens were

employed under the sanction of his sign manual, in the year 1690. This was in the case of Neville Penn or Payne, the person to whom George Duke of Buckingham addressed his Essay upon Reason and Religion. He was accused of having gone to Scotland to promote a Jacobite plot; and was, in consequence of the king's warrant already mentioned, "put to the torture of the thumbikens," but without making any disclosure. This was, we believe, the last occasion on which this instrument was employed; but it was not till the year of the Union that torture was expressly forbidden by law in Scotland; the Claim of Right in 1689 having only declared," that the using torture without evidence, or in ordinary crimes, was illegal.”

We close these hasty memoranda of the history of the thumbikens, an instrument of vulgar sound, but well calculated, as we have seen, for terrible purposes, with this reflection,That it is never useless to explore any piece of history which illustrates the state of manners and law,-which

LETTER FROM DAVID

HUME TO JOHN HOME, WITH SOME
ACCOUNT OF A RARE AND CURIOUS
TRACT CHARACTERIZED IN THAT
LETTER.

THE annexed letter from David
Hume to the author of Douglas, with
which the public is now, for the first
time, presented, is both curious and
sion to a clever jeu d'esprit, which
interesting; curious, from its allu-
which is now of the greatest rarity;
appeared in Edinburgh in 1774, but
and interesting, from the specimen it
which distinguished the familiar cor-
affords of that gay and easy humour
The small satirical tract to which the
respondence of this eminent writer.
letter refers, is entitled, A specimen
thirty pages, neatly printed in octavo,
of the Scots Review.
but without the name of any printer
or publisher. It professes to give a
tended new review; but the whole
prospectus and a specimen of an in-
object seems to have been, to laugh

It consists of

at some individuals obnoxious to the

writer, and particularly to ridicule the
of those who had signalized them-
virulence, and to lower the pretensions
selves by their attacks upon the phi-
losophical writings of Mr Hume. A
infidel" is himself to be reviewed, in
promise is held out, that this "arch-
the first place; and next,
authors who have waged an holy war
against him;" of whom a list is given,

66 those

with their characters, the delineation of which, in no very favourable coto have exhausted the main object of lours, appears, as already mentioned, the piece, though one or two gentle hits are aimed at the historian himself.

"St Andrew's Square, 4th of June 1774.

"DEAR JOHN,-The enclosed came to hand to-day, and, as I take it to be

Rose's Observations on Mr Fox's His directed to you, I have sent it you. If terical Work, p. 179, 180.

VOL. I.

on opening it you find otherwise, you

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may return it me, that I may find the

true owner.

"You have seen, no doubt, the specimen of a Scotch Review. My first conjecture was, that Carlyle* was the author; but Dr Blair had convinced me that it is much more probably the production of your spiritual guide, Tom Hepburn. But, whoever be the father, the child has a great deal of salt, and spirit, and humour. I wish he would continue, though at the hazard of my getting a rap over the knuckles from time to time. For I see in this hero the spirit of a drawcansir, who spares neither friend nor foe. I think I can reckon about twenty people, not including the king, whoin he has attacked in this short performance. I hope all his spleen is not exhausted. I should desire my compliments to him, were I not afraid that he would interpret the civility as paying black maill to him. I am, Dear John, yours sincerely,

DAVID HUME."

VIEW OF THE CHANGE OF MANNERS

brought to no perfection either in linen or woollen; every woman made her web, and bleached it herself; it never rose higher than two shillings a yard, and with this cloth was every one clothed. The young men, who were at this time growing more nice, got theirs from Holland for shirts, but the old ones were satisfied with necks and sleeves of the fine, which were put on loose above the country cloth. I remember in the 30 or 31 of a ball, where it was agreed that the company should be dressed in nothing but home manufactures. My sisters were as well dressed as any, and their gowns were stript linen at 2s. 6d. a yard; their heads and ruffles were of Paisley muslins, at 4s. 6d. with 4d edging from Hamilton, all of them the finest that could be got. A few years after this weavers were brought from Holland, and manufactories for linen established in the west. The dress of the ladies was more expensive than at present, though not so often renewed. At the time, I remember, hoops were wore constantly four yards and a half wide, which required much

IN SCOTLAND DURING THE COURSE silk to cover them; and gold and sil

OF THE LAST CENTURY.

[The following remarks, which will be found extremely curious and valuable, were written by a lady of an ancient family in Renfrewshire, who was as much distinguished for goodness of heart as solidity of judgment; they are now first printed from the original manuscript.]

I AM sensible, that, in order to make these remarks properly, it is necessary one should have lived more in the

world than I did during the times I write of, as the manners in the chief towns would be something different from those in the country; but, as our customs are brought from the metropolis, the people of fashion in the country cannot be far behind. The year 1727 is as far back as I can remember; at that time there was little bread in Scotland, manufactories

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ver was much used for trimmings,
never less than three rows round the
petticoat. Their heads were all dres-
sed with lace from Flanders, no
blonds nor coarse edging used: the
price of these were high, but two suit
would serve for life. They were not
renewed but at marriage, or some
great event; who could not afford
Their
tables were
them wore fringes of thread.
though the meat was ill cooked, and
as badly served up. They ate out of
Pewter, often not clean, but were
nicer in table linen than now, which
was renewed every day in gentlemen's
families, and always napkins. The
servants ate ill, having a set form by
the week of three days broth and salt
meat, and three days meagre, with
plenty of oat bread, and small beer.
Their wages were small till the vails
were abolished; the men from L. 3
30s. to L. 2. At those times I men-
to L. 9 in the year, the women from
either sew, or iron linen, which was
tion, few of the women servants would
all smoothed in the mangle, except
the ladies' head dresses, which were
done by their own maids. They in
general employed as many servants as
they do at present in the country, not.

as full as at present,

in towns where one man-servant was thought sufficient for most families, or two at most, unless they kept a carriage, which was a thing very uncommon in those days, and only used by the nobles of great fortune. The price of provisions were about a third of what they are now. Beef from 1d. to 2d. a pound; butter 3d.; cheese 2d.; eggs 1d. a dozen; a fowl 4d.; turkies and geese 1s. Neither was the price of provisions much increased till after the rebellion in 45, when riches flowed much into the country.

his hours of devotion were marked, that nothing might interrupt him; he kept his own seat by the fire, or at table, with his hat on his head, and often particular dishes served up for himself, that no one else shared of. Their children approached them with awe, and never spoke with any degree of freedom before them. The consequence of this was, that, except at meals, they were never together, though the reverence they had for their parents taught them obedience, modesty, temperance. No one helped themselves at table, nor was it the fashion to eat up what was put on their plate, so that the mistress of the family might give you a full meal or not, as she pleased, from whence came in the fashion of pressing to eat, so far as to be disagreeable.

A

Had we a particular account of the manners of our own country, and of the changes that have taken place from time to time since the reign of William the Conqueror, no history could be more entertaining. But those Before the Union, and for many changes have been so little marked, years after it, money was very scarce that what knowledge we have of them in Scotland. A country without trade, we owe more to the essay writers in or culture, or money to carry on either, Queen Anne's time, than to any of must improve by slow degrees. our historians. Addison, Pope, and great part of the rents of estates were Swift, give us some idea of the man- paid in kind; this allowed gentleners of the times they wrote in; since men to live comfortably at home, that period the information we have though they could not elsewhere,had from our parents and our own it introduced that hospitality so much observation only can instruct us. It boasted of in Britain. This way of is to be wished that some good writer life led to manners very different from would make his observations on this the present,-nothing could affect subject during his own life, which, if them more than the restraint young carried down by others, would contain people were under in presence of their both useful and entertaining know- parents; there was little intercourse ledge. Nobody that has lived any between the old and the young,time in the world but must have made the parents had their own guests, remarks of this kind, though it is on which consisted for the most part of ly the men of genius that can make their own relations, and near neighthe proper use of them, by represent- bours. As few people could afford to ing the good or ill consequences they go to town in the winter, their acmay have on society. quaintance was much confined. The children of this small society were under a necessity of being companions to each other; this produced many strong friendships, and strong attachments, and frequently very improper marriages. By their society being confined, their affections were less diffused, and centered all in their own family circle. There was no enlargement of mind here;-their manners were the same, and their sentiments the same. They were indulgent to the faults of each other, but most severe on those they were not accustomed to, so that censure and detraction seemed to be the vice of the age.

Those changes I have lived myself to see, I wish to remember and mark for my own use; my observations cannot go much farther back than the year 1730, which period verged on the age of my grandfather, who was one of those born betwixt the 60 and 70 of the century before, many of whom remained beyond the period above mentioned. Their manners were peculiar to themselves; as some part of the old feudal system still remained, every master was revered by his family, honoured by his tenants, and aweful to his domestics; his hours of eating, sleeping, and amusement, were carefully attended to by all his family, and by all his guests. Even

From this education proceeded pride of understanding, bigotry in religion,

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