“It is not easy to determine the number of persons employed in this way; but it may be safely affirmed that the horses, cows, sheep, and goats yearly stoln in that country are in value equall to £5,000; that the expences lost in the fruitless endeavours to recover them will not be less than £2,000; that the extraordinary expences of keeping herds and servants to look more narrowly after cattle on account of stealling, otherways not necessary, is £10,000. There is paid in blackmail or watch-money, openly and privately, £5,000; and there is a yearly loss by understocking the grounds, by reason of theifts, of at least £15,000; which is, altogether, a loss to landlords and farmers in the Highlands of £37,000 sterling a year. But, besides, if we consider that at least one-half of these stollen effects quite perish, by reason that a part of them is buried under ground, the rest is rather devoured than eat, and so what would serve ten men in the ordinary way of living, swallowed up by two or three to put it soon out of the way, and that some part of it is destroyed in concealed parts when a discovery is suspected, we must allow that there is £2,500 as the value of the half of the stollen cattle, and £15,000 for the article of understock quite lost of the stock of the kingdom.
“These last mischiefs occasions another, which is still worse, although intended as a remedy for them—that is, the engaging companys of men, and keeping them in pay to prevent these thiefts and depredations. As the government neglect the country, and don’t protect the subjects in the possession of their property, they have been forced into this method for their own security, though at a charge little less than the land-tax. The person chosen to command this watch, as it is called, is commonly one deeply concerned in the theifts himself, or at least that hath been in correspondence with the thieves, and frequently who hath occasioned thiefts, in order to make this watch, by which he gains considerably, necessary. The people employed travell through the country armed, night and day, under pretence of enquiring after stollen cattle, and by this means know the situation and circumstances of the whole country. And as the people thus employed are the very rogues that do these mischiefs, so one-half of them are continued in their former bussiness of stealling that the busieness of the other half may be necessary in recovering.”[1]
This is probably a somewhat exaggerated account of the extent to which this species of robbery was carried on, especially after the suppression of the rebellion; if written by one of the Gartmore family, it can scarcely be regarded as a disinterested account, seeing that the Gartmore estate lies just on the southern skirt of the Highland parish of Aberfoyle, formerly notorious as a haunt of the Macgregors, affording every facility for lifters getting rapidly out of reach with their “ill-gotten gear.” Still, no doubt, curbed and dispirited as the Highlanders were after the treatment they got from Cumberland, from old habit, and the assumed necessity of living, they would attempt to resume their ancient practices in this and other respects. But if they were carried on to any extent immediately after the rebellion, when the Gartmore paper is said to have been written, it could not have been for long; the law had at last reached the Highlands, and this practice ere long became rarer than highway robbery in England, gradually dwindling down until it was carried on here and there by one or two “desperate outlawed” men. Long before the end of the century it seems to have been entirely given up. “There is not an instance of any country having made so sudden a change in its morals as that of the Highlands; security and civilization now possess every part; yet 30 years have not elapsed since the whole was a den of thieves of the most extraordinary kind.”[2]
As we have said above, after the suppression of the rebellion of 1745–6, there are no stirring narratives of outward strife or inward broil to be narrated in connection with the Highlands. Indeed, the history of the Highlands from this time onwards belongs strictly to the history of Scotland, or rather of Britain. Still, before concluding this division of the work, it may be well to give a brief sketch of the progress of the Highlands from the time of the suppression of the jurisdictions down to the present day. Not that after their disarmament the Highlanders ceased to take part in the world’s strife; but the important part they have taken during the last century or more in settling the destinies of nations, falls to be narrated in another section of this work. What we shall concern ourselves with at present is the consequences of the abolition of the heritable jurisdictions (and with them the importance and power of the chiefs), on the internal state of the Highlands; we shall endeavour to show the alteration which took place in the social condition of the people, their mode of life, their relation to the chiefs (now only landlords), their mode of farming, their religion, education, and other points.
From the nature of clanship—of the relationship between chief and people, as well as from the state of the law and the state of the Highlands generally—it will be perceived that, previous to the measure which followed Culloden, it was the interest of every chief to surround himself with as many followers as he could muster; his importance and power of injury and defence were reckoned by government and his neighbours not according to his yearly income, but according to the number of men he could bring into the field to fight his own or his country’s battles. It is told of a chief that, when asked as to the rent of his estate, he replied that he could raise 500 men. Previous to ’45, money was of so little use in the Highlands, the chiefs were so jealous of each other and so ready to take advantage of each other’s weakness, the law was so utterly powerless to repress crime and redress wrong, and life and property were so insecure, that almost the only security which a chief could have was the possession of a small army of followers, who would protect himself and his property; and the chief safety and means of livelihood that lay in the power of the ordinary clansman was to place himself under the protection and among the followers of some powerful chief. “Before that period (1745) the authority of law was too feeble to afford protection.[3] The obstructions to the execution of any legal warrant were such that it was only for objects of great public concern that an extraordinary effort was sometimes made to overcome them. In any ordinary case of private injury, an individual could have little expectation of redress unless he could avenge his own cause; and the only hope of safety from any attack was in meeting force by force. In this state of things, every person above the common rank depended for his safety and his consequence on the number and attachment of his servants and dependants; without people ready to defend him, he could not expect to sleep in safety, to preserve his house from pillage or his family from murder; he must have submitted to the insolence of every neighbouring robber, unless he had maintained a numerous train of followers to go with him into the field, and to fight his battles. To this essential object every inferior consideration was sacrificed; and the principal advantage of landed property consisted in the means it afforded to the proprietor of multiplying his dependants.”[4]
Of course, the chief had to maintain his followers in some way, had to find some means by which he would be able to attach them to himself, keep them near him, and command their services when he required them. There can be no doubt, however chimerical it may appear at the present day, that the attachment and reverence of the Highlander to his chief were quite independent of any benefits the latter might be able to confer. The evidence is indubitable that the clan regarded the chief as the father of his people, and themselves as his children; he, they believed, was bound to protect and maintain them, while they were bound to regard his will as law, and to lay down their lives at his command. Of these statements there can be no doubt. “This power of the chiefs is not supported by interest, as they are landlords, but as lineally descended from the old patriarchs or fathers of the families, for they hold the same authority when they have lost their estates, as may appear from several, and particularly one who commands in his clan, though, at the same time, they maintain him, having nothing left of his own.”[5] Still it was assuredly the interest, and was universally regarded as the duty of the chief, to strengthen that attachment and his own authority and influence, by bestowing upon his followers what material benefits he could command, and thus show himself to be, not a thankless tyrant, but a kind and grateful leader, and an affectionate father of his people. Theoretically, in the eye of the law, the tenure and distribution of land in the Highlands was on the same footing as in the rest of the kingdom; the chiefs, like the lowland barons, were supposed to hold their lands from the monarch, the nominal proprietor of all landed property, and these again in the same way distributed portions of this territory among their followers, who thus bore the same relation to the chief as the latter did to his superior, the king. In the eye of the law, we say, this was the case, and so those of the chiefs who were engaged in the rebellion of 1715–45 were subjected to forfeiture in the same way as any lowland rebel. But, practically, the great body of the Highlanders knew nothing of such a tenure, and even if it had been possible to make them understand it, they would probably have repudiated it with contempt. The great principle which seems to have ruled all the relations that subsisted between the chief and his clan, including the mode of distributing and holding land, was, previous to 1746, that of the family. The land was regarded not so much as belonging absolutely to the chief, but as the property of the clan of which the chief was head and representative. Not only was the clan bound to render obedience and reverence to their head, to whom each member supposed himself related, and whose name was the common name of all his people; he also was regarded as bound to maintain and protect his people, and distribute among them a fair share of the lands which he held as their representative. “The chief, even against the laws, is bound to protect his followers, as they are sometimes called, be they never so criminal. He is their leader in clan quarrels, must free the necessitous from their arrears of rent, and maintain such who, by accidents, are fallen into decay. If, by increase of the tribe, any small farms are wanting, for the support of such addition he splits others into lesser portions, because all must be somehow provided for; and as the meanest among them pretend to be his relatives by consanguinity, they insist upon the privilege of taking him by the hand wherever they meet him.”[6] Thus it was considered the duty, as it was in those turbulent times undoubtedly the interest, of the chief to see to it that every one of those who looked upon him as their chief was provided for; while, on the other hand, it was the interest of the people, as they no doubt felt it to be their duty, to do all in their power to gain the favour of their chiefs, whose will was law, who could make or unmake them, on whom their very existence was dependent. Latterly, at least, this utter dependence of the people on their chiefs, their being compelled for very life’s sake to do his bidding, appears to have been regarded by the former as a great hardship; for, as we have already said, it is well known that in both of the rebellions of last century, many of the poor clansmen pled in justification of their conduct, that they were compelled, sorely against their inclination, to join the rebel army. This only proves how strong must have been the power of the chiefs, and how completely at their mercy the people felt themselves to be.
To understand adequately the social life of the Highlanders previous to 1746, the distribution of the land among, the nature of their tenures, their mode of farming, and similar matters, the facts above stated must be borne in mind. Indeed, not only did the above influences affect these matters previous to the suppression of the last rebellion, but also for long after, if, indeed, they are not in active operation in some remote corners of the Highlands even at the present day; moreover, they afford a key to much of the confusion, misunderstanding, and misery that followed upon the abolition of the heritable jurisdictions.
Next in importance and dignity to the chief or laird were the cadets of his family, the gentlemen of the clan, who in reference to the mode in which they held the land allotted to them, were denominated tacksmen. To these tacksmen were let farms, of a larger or smaller size according to their importance, and often at a rent merely nominal; indeed, they in general seem to have considered that they had as much right to the land as the chief himself, and when, after 1746, many of them were deprived of their farms, they, and the Highlanders generally, regarded it as a piece of gross and unfeeling injustice. As sons were born to the chief, they also had to be provided for, which seems to have been done either by cutting down the possessions of those tacksmen further removed from the family of the laird, appropriating those which became vacant by the death of the tenant or otherwise, and by the chief himself cutting off a portion of the land immediately in his possession. In this way the descendants of tacksmen might ultimately become part of the commonalty of the clan. Next to the tacksmen were tenants, who held their farms either directly from the laird, or as was more generally the case, from the tacksmen. The tenants again frequently let out part of their holdings to sub-tenants or cottars, who paid their rent by devoting most of their time to the cultivation of the tenant’s farm, and the tending of his cattle. The following extract from the Gartmore paper written in 1747, and published in the appendix to Burt’s Letters, gives a good idea of the manner generally followed in distributing the land among the various branches of the clan:—
“The property of these Highlands belongs to a great many different persons, who are more or less considerable in proportion to the extent of their estates, and to the command of men that live upon them, or follow them on account of their clanship, out of the estates of others. These lands are set by the landlord during pleasure, or a short tack, to people whom they call good-men, and who are of a superior station to the commonality. These are generally the sons, brothers, cousins, or nearest relations of the landlord. The younger sons of famillys are not bred to any business or employments, but are sent to the French or Spanish armies, or marry as soon as they are of age. Those are left to their own good fortune and conduct abroad, and these are preferred to some advantageous farm at home. This, by the means of a small portion, and the liberality of their relations, they are able to stock, and which they, their children, and grandchildren, possess at an easy rent, till a nearer descendant be again preferred to it. As the propinquity removes, they become less considered, till at last they degenerate to be of the common people; unless some accidental acquisition of wealth supports them above their station. As this hath been an ancient custom, most of the farmers and cottars are of the name and clan of the proprietor; and, if they are not really so, the proprietor either obliges them to assume it, or they are glaid to do so, to procure his protection and favour.
“Some of these tacksmen or good-men possess these farms themselves; but in that case they keep in them a great number of cottars, to each of whom they give a house, grass for a cow or two, and as much ground as will sow about a boll of oats, in places which their own plough cannot labour, by reason of brush or rock, and which they are obliged in many places to delve with spades. This is the only visible subject which these poor people possess for supporting themselves and their famillys, and the only wages of their whole labour and service.