Seventeenth Century Agricultural Tenancies in
Kintyre
A.I.B. Stewart
My son Angus Stewart, Advocate, Edinburgh, while searching among the Breadalbane archives in the Register House in Edinburgh for trace of our Appin Stewart ancestors was surprised to discover two old documents which relate to the conditions on which farms were held in Kintyre more than three hundred years ago.
The first which is published in this number is dated 10th June 1653 and must be the first attempt by the Argyll family to bring order to daily life in Kintyre after the disorder of the Colkitto invasion which terminated at Dunaverty.
The Marquis had reached the pinnacle of his power when on 1st January 1651 he placed the Crown of Scotland on the ungrateful head of Charles II. After only a few months the Marquis had fallen out of favour and he asked and obtained permission to retire to Inveraray.
He had plenty to do there in reorganising his estate which had incurred substantial debts in the Royal Service.
After the defeats of the Scottish Army at Worcester and Dunbar, Cromwells army occupied Scotland. The County of Argyll did not escape and Cromwellian garrisons occupied or intended to occupy the castles of Dunstaffnage, Dunollie, Tarbert and Loch Kilkerran (Campbeltown).
The Marquis was caught between two stools but he decided to collaborate with the English occupying power.
Alexander McNachtan of Dunderave had been Chamberlain of Kintyre but he and the Marquis of Lorne joined the Royalist rising under the Earl of Glencairn. The 1653 document is so far as I know the first indication that the Marquis appointed his second son Lord Neil Campbell to be successor to the Laird of McNachtan whom the Marquis evidently suspected of maladministration. He accordingly spent some time in Kintyre in June 1653 and in addition to the document under discussion there is evidence that the Kintyre and Campbeltown tenants were summoned before the Marquis and his son to explain how much their rents were and what they had paid to MacNachtan who evidently had failed to account to the Marquis for the proceeds.
The Marquis evidently took the opportunity to set forth regulations for the good government of the landward area and these are set forth in the Acts of Neighbourhood.
They seem to form a reasonable framework for neighbours to live together though it may be thought that scourging through the streets of Campbeltown was a fairly stiff alternative to apply to anyone who could not pay the monetary penalty of £20 Scots for the offence of cutting off hair from a neighbour’s horse, as indeed was the right to geld a neighbour’s horse or colt found wandering on one’s land.
We do not know how far the rules were successful in their objective.
Kintyre was invaded by Royalists troops in the autumn and the Castle, held by William Ralston and the Lowlanders in the Cromwellian interest was forced to yield to the Royalist army led by Kenmore accompanied by Lorne and MacNachtan.
The Marquis was, of course, executed after the restoration of Charles II in 1660 and eventually his son Lord Lorne who succeeded as Ninth Earl made new rules for the governance of Kintyre.
These are dated 4th November 1672. They are similar to the earlier rules but rather more elaborate. They deal with march dykes, poyndfangs for stray bestial cropping -one fourth of the land to be sown with ‘peize’ and arable land to be cultivated for not more than three years and then left fallow for three years liming of land, peat cutting, fines for assisting unlicensed beggars, disposals of stray cattle, penalties for breaking down of dykes and for destruction of woodlands, and encouragement of tree planting -“my lord’s gardener” would furnish “ash and plain trees to all the countrey twa penneis scotts the peice”. There were penalties for “borrowing” without leave a neighbour’s horse and farms were thirled to the appropriate mill.
These Acts of Bailyierie concluded with the appointment of four birlawmen — local peace officers — for each parish.
They were as follows:-
For the parroch of Killicolmkeille
The Laird of Ralstoun.
The goodman of Karriskey.
Dugall Campbell.
Lachlan McNeill,
For the parroch of kilblaane
The Laird of Sannay.
The goodman of Brithmoor.
The goodman of Subbar
John McNeill in cristollach
For the parroch of kilchousland
The goodman of Cauldwell.
John Fultoun.
Mckaii of Uggodill.
James Campbell in Uggodill.
For kilmichael parroch
Captain David Moor.
John Cunynghame of Caddell.
Hector McNeill in Darlochan.
James Fleming.
For kilcheiran
Lachlan McNeill of Tirargus.
Archibald McNeill in balligrogan.
John Cunynghame in balloch.
Gilbert McLartie in kilquebenach.
For kilcherane
McEcharne
Ard. McGibbon and Major Jon Campbell
Alex. fforester.
For kilkenzie
Charles Mcechan,
Bailzie Robert Campbell.
Lieutenant Robert Campbell & Dugald Campbell.
For killean
Robert Russell, David Forrester.
Donald McNeill in Balloch,
Ard. McNeill in Drumnamuchlach.
For the parroch of Saddell
Archibald Oig Campbell
William Wallace.
Neill McMarcus in Leppinbeg.
John wallace.
The composition of this panel is considerable interest and does not indicate any particular weighting in favour of any one section of the community. There are seven Campbells plus Archibald McGibbon who probably came from Inveraray, fourteen of the old native Kintyre stock including eight McNeills and fourteen Lowlanders.
Most of the names are well known to students of the period. The goodman of Karriskey was of course McNeill of Carskiey and I confess I have not previously seen the expression used in relation to a Highlander. In 1683 Hector McNeill was in Carskiey and his brother Lachlan was tenant of Auchinsavill. Sannay is of course Sanda, Brimmoor is William Hamilton of Brownmuir, Subbar is James Maxwell of Southbar.
I had not previously come across the name Russell at such an early date but I see from the Hearth Tax Lists that Robert Russell was in Barr in 1694.
Photostats of the original documents and transcriptions thereof are to be placed in the Society’s library.
“The S.R.0. references to the originals are Bredalbane Muniments GD 112/17/1 Acts of Neighbourhood 1653 and Acts of Bailyierie, Kintyre 1672.”
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