In an abridgement of the Acts of the
Scottish parliament (1567) the following passage occurs: - "That
none sit under the assurance of thieves, or pay them black-mail under
the pain of death, and escheat of their moveables." In 1587, the
year of the institution of justices of the peace, "It is statute
and ordained that the justice-clerk and his deputes, and the kingis
commissioners, constitute to further justice, quietness, and gude rule
in all schires, sall diligently enquire and take up dittary of the
uptakers and payers of black-maill, and to make rentals of the
quantities thereof, at justice aires, and particular diettes, and do
justice upon them, according to the lawes, and receive soverty, under
great pains, that they sall abstaine in time coming."
Few ancient customs are so generally yet
so imperfectly known as that of black mail. It was, however, simply a
lawful and beneficial service to the public which now falls to the share
of the police, or, in other words, money paid voluntarily by contract,
for the protection of property against the depradations of migratory
freebooters who lurked in the borders of the Highlands. One of the
original documents is still in the possession of the descendants of Mr.
Dunmore of Ballikinrain, and as it is not only a literary curiosity,
but, perhaps, the only contract of the kind now existing, we subjoin a
copy of it verbatim: -
Copy of an original Contract for Keeping
a Watch on the Borders of the Highlands, anno 1741.
It is contracted, agreed, and finally
ended betwixt the parties underwritten, to witt James and John Graham,
elder and younger of Glengyle, on the one part, and the gentlemen,
heritors, and tenants within the shires of Perth, Stirling, and
Dumbarton, who are hereto subscribing, on the other part, in manner
following: Whereas, of late years, several persons within the bounds
aforesaid have been very great sufferers through stealing of their
cattle, horses, and sheep; for preventing whereof the saids James and
John Grahams, with and under the conditions, provisions, and for the
causes after specified, hereby bind and oblige them, conjunctly and
severally, their heirs, executors, and successors, that the said James
Graham shall keep the lands subscribed for, and annexed to the
respective subscriptions, skaithless of any loss, to be sustained by the
heritors, tenants, or inhabitants thereof, through the stealing and away
taking of their cattle, horse, or sheep, and that for the space of seven
years complete, from and after the term of Whitsunday next to come; and
for that effect, either to return the cattle so stolen from time to
time, or otherwayes, within 6 months after the theft committed, to make
payment to the persons from whom they were stolen, of their true value,
to be ascertained by the oaths of the owners, before any judge-ordinary;
providing always, that intimation be made to the said James Graham, at
his house in Correilet, or where he shall happen to reside for the time,
of the number and marks of the cattle, sheep, or horse stolen, and that
within 48 hours from the time that the proprietors thereof shall be able
to prove by hable witnesses, or their own or their herds oaths, that the
cattle amissing were seen upon their usual pasture within the space of
48 hours previous to the intimation, as said is; and declaring, that it
shall be sufficient if the heritors or tenants, be-south or be-east the
town of Drymen, make intimation in writing at the house of Archibald
Strang, merchant in Drymen, of their losses in the before mentioned, to
a person to be appointed by the said James Graham of Glenglye to attend
theire for that purpose, and in his absence to the said Archibald. And
further, it is specially condescended to and agreed upon, that the said
James Graham shall not be bound for restitution in cases of small
pickereys; declaring that an horse or black cattle stolen within or
without doors, or any number of sheep above six, shall be constructed to
be theft, and not pickerey. And with regard to horses and cattle stolen
within the bounds aforesaid, and carried to the south, the said James
Graham obliges him, that he shall be as serviceable to the gentleman
subscribers in that case as he possibly can; and if he cannot recover
them, he submits himself to the discretion of the heritors on whose
ground the theft was committed, whether he shall be liable for their
value or not.
And it is hereby expressly provided and
declared by both parties, That in case of war within the country, that
this present contract shall henceforth cease and become void; for the
which causes, and on the other part, the heritors and tenants hereto
subscribing, with and under the provisions and declarations above and
underwritten, bind and oblige them, their heirs, executors, and
successors, to make payment to the said James Graham of Glengyle, or to
any persons he shall appoint to receive the same, of the sum of 4 pounds
yearly during the space foresaid, for ilk hundred pound of ye valued
rent of the lands annexed to their respective subscriptions, and that at
two terms of the year, Whitsunday and Martinmas, by equal portions,
beginning the first term’s payment thereof at the said term of
Whitsunday next, for the half year immediately following, and so
further, to continue at the said terms during the continuance of these
presents: providing always, like as is hereby specially provided and
declared, that it shall be leisome and lawful for both parties to quitt
and give up this present contract at the end of every year as they think
fitt, intimation being always made on the part of the said James Grahame
at the respective kirk-doors, with the bounds aforesaid, on a Sabbath
day, immediately after the forenoon’s sermon, a month before
expiration of the year; and on the part of the heritors and other
subscribers, by a letter to the said James Grahame from them, and
another from him, acknowledging the receipt thereof, or the attestation
of two witnesses, that the letter was left at his house, or was
delyverred to him two moneths before expiring of the year; it being
always understood, that any subscriber may quitt and give up the
contract for his own part, whether the rest concur or not, at the end of
each year, as said is. And both parties bind and oblidge them and their
aforesaids to perform the premises hinc inde to others under the
penalty of 20 pounds sterling, to be paid by the party failzier to the
party observer, or willing to observe their part thereof, attour
performance. And moreover for the said James Grahame’s farther
encouragement, and for the better restraining the evil practices
above-mentioned, the subscribers hereby declare, that it is their
intention that all such thieves and pickers shall be apprehended by the
said James Grahame of Glengyle, or occasionally by any other person
within the bounds aforesaid, against whom there is sufficient proof,
shall be prosecute according to the law, and brought to justice. And for
greater security, both the saids parties consent to the registration
hereof in the books of council and session, or others competent, that
letters of horning on six days, and other executorials needful may pass
hereon as effeirs. And to that effect they constitute. . . . .their
procurators, &c. In witness whereof, both the saids parties have
subscribed these presents, consisting of this and the preceding sheet,
written on stamped paper by Andrew Dick, chyrurgeon in Drymon, at
Balglas, the twentieth day of Aprill IM vige. and fourty-one years, by
Robert Bontein of Mildovan, before William MacLea his servant, and Mr.
William Johnston, schoolmaster at Balglas, the said Robert Bontein
having filled up his first date, and witnesses names and designations.
At Ballikinrain the tuintie-first day of foresaid moneth and year, by
James Napier of Ballikinrain, before Alexander Yuill his servant, and
Gilbert Couan, tenant in Ballikinrain, the said James Napier having
filled up his second date, witnesses names and designations. Att Boquham
the tuenty-second day of Aprile, moneth foresaid, and year by Hugh
Buchanan of Balquhan, before these witnesses, John Paterson and Robert
Duncan both tenants yr. Att Glins, the tuenty-seventh day of moneth and
year foresaid, before these witnesses, Walter Monteath of Keyp, and John
Buchanan younger of Glins. Att Easter Glins, the tuenty-seventh day of
moneth and year foresaid, before these witnesses, Walter Monteath of
Keyp, and Thomas Wright younger of Easter Glins, subscribed be Alexander
Wright of Pensid. Att Arnmere, the first day of Mey seventin hundred and
fortie-one years, befor these witness, Arsbelt Leckie of Arnmere, and
Walter Menteath younger of Keyp, Walter Monteath, att above place, day,
date, year, and witnesses, by James Key portioner of Edinbelly, moneth,
date, place, and year aforesaid, before these witnesses, Walter Monteath
therein, and Walter Menteath younger of Keyp, and by Robert Galbraith of
Fintrie, fourth May, before Robert Farrie of Balgrochan, and James Ure,
tenant in Hilltowne of Balgair.
William Johnston,
witness,
William M’Lea,
witness,
Gilbert Cowan,
witness,
Alexander Yuill,
witness,
John Paterson,
witness,
Robert Dunn,
witness,
Walter Monteath,
witness,
John Buchanan,
witness,
Thomas Wright,
witness,
Archibald Leckie,
witness,
Walter Monteath,
witness,
Alexander Wright,
witness,
Archibald Leckie,
witness,
Walter Monteith,
witness,
Robert Farrie,
witness,
James Ure,
witness,
John Buchanan,
witness,
James MacGrime,
witness.
ROBERT BONTEIN of Mildovan, for my lands
of Balglas in the paroch of Killern, being three hundred and fifty pound
of valuation; and lands of Provanstoun in the paroch of Balfron,
ninety-seven pound seven shilling valuation.
JAMES NAPIER of Ballikinrain, for my
lands in the paroch of Killern, being two hundred and sixtie pound of
valuation. And for my Lord Napier’s lands in said paroch, being three
hundred and twentie-eight pound of valuation. And for Culcreuch’s
lands in the paroch of Fintrie, being seven hundred and twentie-seven
pound of valuation. And for said Culcreuch’s lands in the paroch of
Balfrone, being one hundred and ten pound valuation.
HUGH BUCHANAN of Balquhan, for my lands
of Boughan and Brunshogle, in the paroch of Killearn, being one hundred
and seventy-three pound of valuation.
MOSES BUCHANAN of Glins, two hunder
sextie-two pund valuation.
JOHN WRIGHT of Ester Glins, sixtie-six
pound valuation.
ALEXANDER WRIGHT of Puside, one hundred
and foure pound and six shilling and eightpenny Scot valuation.
WALTER MONTEATH of Kyp, three hundred
pounds valuation.
JAMES KEY, portioner of Enblioy, for
sextiey-six pond Scots valuation.
ROBERT GALBRAITH, portioner of Edinbelly,
for thritie-three pound Scots valuation.
ALEXANDER BUCHANAN of Cremanan, for my
land of Cremanan, in the paroch of Balfron, and . . .being two hundred
and sixty-eight pound of valuation.
And the saids James and John Grahames
have subscribed these presents at Buchanan, the eleventh day of June jaj
vij and forty-one years, before David Graeme of Orchill, and John Smith,
writer, in Buchanan: Declaring that notwithstanding of the date of the
saids James and John Grahame’s subscriptions, yet it shall be
understood, that the obligations on both partys by this contract shall
and do commence from Whitsunday jaj vij and fourty-one, in regard it was
agreed betwixt the partys, that the saids obligations should commence at
that term. The date, witnesses names, and designations, with this
declaration, being wrote by the said John Smith, and declared to be part
of this contract.
Da. Graeme, witness. JA. GRAHAME.
John Smith, witness. JOHN GRAHAM.
It would appear from the following
letter, that this contract was not disadvantageous to Mr. Grahame.
"Ballikinrain, May 25, 1743.
Sir, - Notwithstanding of the contract
entered into betwixt several gentlemen of the shyres of Stirling and
Dumbarton, you and I, anent keeping of a watch, whereby you was to pay
yearly four per cent. of valuation; yet I now agree with you for three
per cent. for the lands you have contracted for; and that the first term
of Whitsunday, and in time coming during the standing of the contract.
And I am, sire, your most humble servant.
JA. GRAHAME."
The following receipt granted by Mr.
Grahame of Glenglye, to Mr. Robert Galbraith, for the payment of
"watch-money" is, probably, the last of its kind. In the
beginning of the following year (1745), the train of the rebellion was
laying; in July, Prince Charles had actually embarked for Scotland; and
by Martinmas, Glengyle’s hands must have been filled with more
important concerns: -
"Hill, 12th Dec., 1744.
Then received by me James Grahame of
Glengile from Robert Galbraith, portioner of Enbelly fourtie shillings
Scots money in full payt. of all bygone watch money due to me out of his
portion of Enbelly preceeding Martinmas last as witness my hand place
and date above written.
JA. GRAHAME.
(There is marked on the back in the same
hand,)
"Recit. Glengile to Galbraith."
A contract existed between Rob Roy’s
father and the heiress of Kilmaronock, known as Lady Cochrane, and for
the protection of her property he was to receive sixteen bolls of meal
yearly. Contracts of this kind were generally paid by agricultural
produce, that commodity being very scarce north of the Forth. For some
time Lady Cochrane paid her annual tribute with considerable regularity,
and by the stern watchfulness of Macgregor and his clansmen thieving
became less and less frequent on her ladyship’s property. Thinking
herself secure, she refused to pay the impost until she had fallen
considerably in arrears. By and by Macgregor led her to understand what
would be the result, if her obstinacy continued, but to this message
something like a threat of defiance was returned. Macgregor now summoned
his retainers, and, assisted by his son-in-law, Macdonald of Glencoe,
swept the banks of the Leven of all its valuable stock. Sitting down
beside Lady Cochrane in her own parlour, he told her that if she did not
feu off her lands to enterprising "tacksmen," he would take
the estate from her altogether. Hence the number of small proprietors
that once existed in the district. At this time the plundering of stock
was not regarded as theft, but simply "liftings"; and, unless
the loser could stake his lost cattle or sheep in fair fight, there
remained no other alternative than to be content with the loss.
A party of the Macraes, seventeen in
number, belonging to Ross-shire, stole fifteen head of cattle from a
property in Rob Roy’s neighbourhood. He received notice of the lifting
two days afterwards. It is said he had some reluctance in pursuing the
Macraes, but knowing by his contracts of protection he was bound to
restore the lost cattle, if over seven, and also recollecting that it
was his first exploit of the kind, that his honour was at stake, and
that all his future success as a preserver of the peace depended on the
recovery of the cattle, he "selected twelve of his best lads, and
they after them." For two days Macgregor and his hardy little band
followed on the trail of the lifters. On the second night they reached a
deep and dark glen in Badenoch, and here they resolved to rest. There
was no sound to break the grim silence, save the gurgling of the
mountain streamlet as it pursued its downward course among the rocks,
the scream of the eagle as he floated around his mate on her eyrie, the
hoarse croak of the raven on the crag, or the mew of the wild cat among
the heather. Somewhat wearied, a number of his party fell fast asleep,
but to Rob his errand was so exciting that, though
"He seeks his couch,
and down he lies,
Sweet sleep has fled the chieftain’s eyes."
Macgregor had not been long lain down
when he saw a fire kindling in the distance, and believing this to be
the Macraes, he set out to reconnoitre. The kindlers of the fire turned
out to be a band of wandering tinkers, who, at once recognising
Macgregor, gave him the best of their fare till morning. Here he was
informed that the Macraes were at no great distance, and two of the men
promised to point out their place of rendezvous. It was not long ere
they heard the calls of the northern banditti to their dogs as they
gathered the cattle for a further march, and hastening to the brow of
the hill, he saw them about to depart. The place was favourable for
attack, and Macgregor gave a loud call on them to surrender.
"One blast upon his
bugle horn
Was worth a thousand men."
Disregarding this, however, Rob ordered
his lads to follow him, and dashing down the hill-side before the
robbers could rally, they stretched six of their number dead or dying
among the heather. The remaining eleven made a gallant defence, and it
was not until other six had been disabled that they gave in. The
fierceness of the combat may be judged from the fact that one of Rob’s
lads was killed, and he and four others severely injured. All the cattle
were brought back in triumph and restored to their owner. Macgregor
received the greatest praise for his achievement, accomplished under the
greatest disadvantages, both from the superior number of his opponents,
and the long distance of pursuit. It at once showed his ability to deal
firmly and expeditiously in his protection contracts, and many who had
hitherto stood aloof from him were now anxious to conclude agreements
with him for his services. |