第 20 节
作者:阎王      更新:2022-03-20 20:46      字数:9322
  of their own importance。
  Their pride has been crushed by the heavy hand of a vindictive
  conqueror; whose seventies have been followed by laws; which;
  though they cannot be called cruel; have produced much discontent;
  because they operate upon the surface of life; and make every eye
  bear witness to subjection。  To be compelled to a new dress has
  always been found painful。
  Their Chiefs being now deprived of their jurisdiction; have already
  lost much of their influence; and as they gradually degenerate from
  patriarchal rulers to rapacious landlords; they will divest
  themselves of the little that remains。
  That dignity which they derived from an opinion of their military
  importance; the law; which disarmed them; has abated。  An old
  gentleman; delighting himself with the recollection of better days;
  related; that forty years ago; a Chieftain walked out attended by
  ten or twelve followers; with their arms rattling。  That animating
  rabble has now ceased。  The Chief has lost his formidable retinue;
  and the Highlander walks his heath unarmed and defenceless; with
  the peaceable submission of a French peasant or English cottager。
  Their ignorance grows every day less; but their knowledge is yet of
  little other use than to shew them their wants。  They are now in
  the period of education; and feel the uneasiness of discipline;
  without yet perceiving the benefit of instruction。
  The last law; by which the Highlanders are deprived of their arms;
  has operated with efficacy beyond expectation。  Of former statutes
  made with the same design; the execution had been feeble; and the
  effect inconsiderable。  Concealment was undoubtedly practised; and
  perhaps often with connivance。  There was tenderness; or
  partiality; on one side; and obstinacy on the other。  But the law;
  which followed the victory of Culloden; found the whole nation
  dejected and intimidated; informations were given without danger;
  and without fear; and the arms were collected with such rigour;
  that every house was despoiled of its defence。
  To disarm part of the Highlands; could give no reasonable occasion
  of complaint。  Every government must be allowed the power of taking
  away the weapon that is lifted against it。  But the loyal clans
  murmured; with some appearance of justice; that after having
  defended the King; they were forbidden for the future to defend
  themselves; and that the sword should be forfeited; which had been
  legally employed。  Their case is undoubtedly hard; but in political
  regulations; good cannot be complete; it can only be predominant。
  Whether by disarming a people thus broken into several tribes; and
  thus remote from the seat of power; more good than evil has been
  produced; may deserve inquiry。  The supreme power in every
  community has the right of debarring every individual; and every
  subordinate society from self…defence; only because the supreme
  power is able to defend them; and therefore where the governor
  cannot act; he must trust the subject to act for himself。  These
  Islands might be wasted with fire and sword before their sovereign
  would know their distress。  A gang of robbers; such as has been
  lately found confederating themselves in the Highlands; might lay a
  wide region under contribution。  The crew of a petty privateer
  might land on the largest and most wealthy of the Islands; and riot
  without control in cruelty and waste。  It was observed by one of
  the Chiefs of Sky; that fifty armed men might; without resistance
  ravage the country。  Laws that place the subjects in such a state;
  contravene the first principles of the compact of authority:  they
  exact obedience; and yield no protection。
  It affords a generous and manly pleasure to conceive a little
  nation gathering its fruits and tending its herds with fearless
  confidence; though it lies open on every side to invasion; where;
  in contempt of walls and trenches; every man sleeps securely with
  his sword beside him; where all on the first approach of hostility
  came together at the call to battle; as at a summons to a festal
  show; and committing their cattle to the care of those whom age or
  nature has disabled; engage the enemy with that competition for
  hazard and for glory; which operate in men that fight under the eye
  of those; whose dislike or kindness they have always considered as
  the greatest evil or the greatest good。
  This was; in the beginning of the present century; the state of the
  Highlands。  Every man was a soldier; who partook of national
  confidence; and interested himself in national honour。  To lose
  this spirit; is to lose what no small advantage will compensate。
  It may likewise deserve to be inquired; whether a great nation
  ought to be totally commercial? whether amidst the uncertainty of
  human affairs; too much attention to one mode of happiness may not
  endanger others? whether the pride of riches must not sometimes
  have recourse to the protection of courage? and whether; if it be
  necessary to preserve in some part of the empire the military
  spirit; it can subsist more commodiously in any place; than in
  remote and unprofitable provinces; where it can commonly do little
  harm; and whence it may be called forth at any sudden exigence?
  It must however be confessed; that a man; who places honour only in
  successful violence; is a very troublesome and pernicious animal in
  time of peace; and that the martial character cannot prevail in a
  whole people; but by the diminution of all other virtues。  He that
  is accustomed to resolve all right into conquest; will have very
  little tenderness or equity。  All the friendship in such a life can
  be only a confederacy of invasion; or alliance of defence。  The
  strong must flourish by force; and the weak subsist by stratagem。
  Till the Highlanders lost their ferocity; with their arms; they
  suffered from each other all that malignity could dictate; or
  precipitance could act。  Every provocation was revenged with blood;
  and no man that ventured into a numerous company; by whatever
  occasion brought together; was sure of returning without a wound。
  If they are now exposed to foreign hostilities; they may talk of
  the danger; but can seldom feel it。  If they are no longer martial;
  they are no longer quarrelsome。  Misery is caused for the most
  part; not by a heavy crush of disaster; but by the corrosion of
  less visible evils; which canker enjoyment; and undermine security。
  The visit of an invader is necessarily rare; but domestick
  animosities allow no cessation。
  The abolition of the local jurisdictions; which had for so many
  ages been exercised by the chiefs; has likewise its evil and its
  good。  The feudal constitution naturally diffused itself into long
  ramifications of subordinate authority。  To this general temper of
  the government was added the peculiar form of the country; broken
  by mountains into many subdivisions scarcely accessible but to the
  natives; and guarded by passes; or perplexed with intricacies;
  through which national justice could not find its way。
  The power of deciding controversies; and of punishing offences; as
  some such power there must always be; was intrusted to the Lairds
  of the country; to those whom the people considered as their
  natural judges。  It cannot be supposed that a rugged proprietor of
  the rocks; unprincipled and unenlightened; was a nice resolver of
  entangled claims; or very exact in proportioning punishment to
  offences。  But the more he indulged his own will; the more he held
  his vassals in dependence。  Prudence and innocence; without the
  favour of the Chief; conferred no security; and crimes involved no
  danger; when the judge was resolute to acquit。
  When the chiefs were men of knowledge and virtue; the convenience
  of a domestick judicature was great。  No long journies were
  necessary; nor artificial delays could be practised; the character;
  the alliances; and interests of the litigants were known to the
  court; and all false pretences were easily detected。  The sentence;
  when it was past; could not be evaded; the power of the Laird
  superseded formalities; and justice could not be defeated by
  interest or stratagem。
  I doubt not but that since the regular judges have made their
  circuits through the whole country; right has been every where more
  wisely; and more equally distributed; the complaint is; that
  litigation is grown troublesome; and that the magistrates are too
  few; and therefore often too remote for general convenience。
  Many of the smaller Islands have no legal officer within them。  I
  once asked; If a crime should be committed; by what authority the
  offender could be seized? and was told; that the Laird would exert
  his right; a right which he must now usurp; but which surely
  necessity must vindicate; and which is therefore yet exercised in
  lower degrees; by some of the proprietors; when legal processes
  cannot be obtained。
  In all greater questions; however; there is now happily an end to
  all fear or hope from malice or from favour。  The roads are secure
  in those places through which; forty years ago; no traveller could
  pass without a convoy。  All trials of right by the sword are
  forgotten; and the mean are in as little danger from the powerful
  as in other places。  No s