Note 82 — Chapter I

Those were times, when, as a Scotch lawyer delicately expresses himself, ‘thieving was not the peculiar habit of the low and indigent, but often common to them with persons of rank and landed estate.’ Hume's Commentaries on the Law of Scotland, 4to, 1797, vol. i. p. 126. The usual form of robbery being cattle-stealing, a particular name was invented for it; see p. 148, where we learn that it ‘was distinguished by the name of Hership or Herdship, being the driving away of numbers of cattle, or other bestial, by the masterful force of armed people.’