Econlib

The Library

Other Sites

 Front Page arrow Titles (by Subject) arrow 120.: To [LORD HAILES] - Glasgow Edition of the Works and Correspondence Vol. 6 Correspondence of Adam Smith

Return to Title Page for Glasgow Edition of the Works and Correspondence Vol. 6 Correspondence of Adam Smith

Search this Title:

120.: To [LORD HAILES] - Adam Smith, Glasgow Edition of the Works and Correspondence Vol. 6 Correspondence of Adam Smith [1740]

Edition used:

Correspondence of Adam Smith, ed. E. C. Mossner and I. S. Ross, vol. VI of the Glasgow Edition of the Works and Correspondence of Adam Smith (Indianapolis: Liberty Fund, 1987).

Part of: The Glasgow Edition of the Works and Correspondence of Adam Smith, 7 vols.

About Liberty Fund:

Liberty Fund, Inc. is a private, educational foundation established to encourage the study of the ideal of a society of free and responsible individuals.


120.

To [LORD HAILES]

MS., University of Illinois Libr.; Scott 265–7.

Kirkcaldy, 23 May 1769

My Lord

I return your Lordship your two Manuscripts, having taken a copy of that upon prices,1 as your Lordship permitted me to do it.

I have not the Latin copy of Laws of Malcolm by me; but Skeene2 appears to have understood one passage differently from your Lordship. It is Chap: 3. S5. Item, for ilk man not found the time of the Attachment the Crowner sall remain at his house quhere he dwells be the space of ane day ane nicht; and sall have his reasonable sustentation for himself and twa of his servants and for twa other men brought with him to be witness; and for his Clerk twa Shillinges and sall take na mair. According to this Passage, as here translated and pointed; the reasonable sustentation is for the five persons, and the twa Shillings is the fee of the Clerk. If the twa Shillings are to be understood to be the value of the reasonable sustentation, it is for six persons and is 4.d apiece. 4d. is the day wages of a Master mason of free stone as appointed by the statute of Labourers, of the 25 of Edward 3.3 This therefor would not in those days have appeared an Unreasonable sustentation for a Crowner and five Attendants.

I last week happened to see the Case of Lady Sutherland, your Lordships ward.4 There is at present depending before the Parliament of Paris a process of the same kind between the Marechal of Clermont Tonnerre and the Countess of Lannion, for the Honours and estate of Clermont in Dauphine. The Lady is much connected with some of my friends,5 who have sent me all her Papers. There is a good deal of affinity between her case and that of the countess of Sutherland. Both turn upon the Antiquity of female honours and female fiefs. If your Lordship thinks they can be of any use I shall send them by the Carrier next week. I have the honour to be with great regard

My Lord Your Lordships obliged and Most humble Servant

Adam Smith

[1 ]See the memorandum printed with Letter 117 from Hailes, dated 6 Mar. 1769.

[2 ]Regiam Majestatem. The Auld Lawes and Constitutions of Scotland. Faithfullie collected furth of the Register, and other auld authentick Bukes, from the Dayes of King Malcolme the Second untill the Time of King James the First . . . translated out Latine in Scottish Language . . . Be Sir John Skene of Curriehill, Clerk of our Soveraigne Lordis Register, Counsell, and Rollis (Edinburgh, 1609). Skene began his work in 1574, when he was commissioned by the Regent Morton to ‘visit the Bukis of the Law’. His editorial work is much criticized. Smith has a copy of the 2nd Latin edn. (1613) of Skene’s book (Bonar 168).

[3 ]The Statute of Labourers of 1350 attempted to fix wages at the level reached c. 1340–5: see WN I.xi.e.2.

[4 ]As guardian of Elizabeth Gordon (1765–1839), Hailes drew up her claim to be Countess of Sutherland. His written appeal is still regarded as an important source of peerage law. Smith had copies of the printed pleadings (Bonar 181, Mizuta 57).

[5 ]Perhaps among his Toulouse acquaintances or the d’Anville–La Rochefoucauld circle; the chevalier de Clermont was one of those concerned about the illness of the Duke of Buccleuch in 1766 (Letter 94 addressed to Charles Townshend, dated 26 Aug.).