Orders of Protection

In the summer of 1665, the Privy Council of Scotland, “having heard and considered a petition presented for Gory McAllaster of Loup”, granted the Macalister chief an order of protection, to last until the end of July. Further orders (or extensions) of protection were issued in 1671 and 1672.[1] Similar orders were issued for numerous other chiefs at various times.

These orders of protection tell us a few things about Godfrey Macalister of Loup. Like other Highland chieftains, Loup was required by law to personally appear before the Privy Council in Edinburgh each year, to sign bonds of caution for the good behaviour of his clansmen and tenants.[2] Like many of the others, Loup appears to have tried to fulfill this obligation. By the late 17th century, however, a majority of the chiefs, including Macalister, were heavily in debt.[3] In their own lands, surrounded by kinsmen and loyal tenants, they were relatively secure from vengeful creditors, but they knew that once they ventured out of their areas of influence, they would be at the mercy of those from whom they had borrowed. Many could not hope to “travel unmolested by creditors to Edinburgh in order to give their bonds”.[4] The Privy Council, writes Michael Fry, “which liked to see them once a year, had to issue them with passes against arrest”.[5] Allan Kennedy found record of more than sixty such orders of safe conduct issued between the years of 1664 and 1678.[6]

This widespread indebtedness had a number of causes. Travel to Edinburgh, both to make bonds of peace as required by the government and to pursue their own disputes through the courts, were costly. In the latter case, there were also legal fees. Furthermore, Kennedy notes that once these men were in town, there was a “tendency to make lengthy personal sojourns” in Edinburgh, which also cost money.[7] For example, the protection granted to Macalister (among others) at the end of 1671 was extended through January and then on into March as “the said business is not yet brought to a close”.[8]

As the Highland lairds interacted more frequently with their counterparts from the Lowlands and England, they also began to acquire the habits of their southern peers, leading to significant expenditure on clothing, gambling and other indulgences, and many families in this period also undertook expensive building projects, building or improving and then furnishing homes.[9] In the late 16th century and early 17th century, inflation worked in the chiefs’ favour – income could be increased in various ways, the real cost of debt declined as the money itself was worth less and less, and credit was easy to obtain. In fact, Douglas Watt concludes, many lairds appear to have borrowed “simply because they could”.[10]

Unfortunately, the second half of the 17th century saw the pendulum swing back. Deflation set in, reducing incomes and increasing the real value of debt already accrued. To make matters worse, the utter devastation of many lairds’ properties in the wars of the 1640s left tenants unable to pay rents, further reducing their chiefs’ income right when the money was needed to rebuild. Cash-strapped lairds then borrowed more to cover the gap.

Creditors in the early part of this period were often near kinsmen of the chief, which took some of the pressure off. Kinsmen, close neighbours and friends were less likely to pursue debts with the heartless efficiency of relative strangers in the Lowlands. Furthermore, quite a few cases are recorded in which a chief’s overwhelming debts were actually bought out by his kinsmen to prevent the chief losing his lands (which were considered by most to belong to the clan as a whole). However, as the seventeenth century wore on, Highland lairds were increasingly indebted to merchants and lawyers in Edinburgh as well as to Lowland lairds.[11] These creditors often found it difficult to get hold of their Highland debtors, whose lands in some cases were literally beyond the reach of law. The only thing they could do in attempt to be repaid was to raise apprisings on the property of the borrowers – something that made it difficult for the laird involved to get more credit but did little to recover the money he had already borrowed. The annual journey of the Highland chiefs to Edinburgh therefore presented a golden opportunity for creditors to pursue their debts. This naturally made the chiefs apprehensive about fulfilling their promises to the Privy Council unless the Council would guarantee their safety.

In many cases, the debts run up by one chief were passed on to his heir. This seems to have been the situation facing Godfrey Macalister. Godfrey’s father Hector, one of our more successful chiefs despite living in difficult times, is named as a debtor to Jonet Campbell in 1631, to George Campbell of Kinnochtry in 1637 and 1641, and to Ninian Lamont in 1643.[12] There was probably a financial cost too for his willingness in the 1620s to stand as surety for the good behaviour of Coll Ciotach Macdonald (who, with his son Alasdair MacColla, proceeded to behave rather badly as far as the government was concerned). Several of these debts continued to plague Godfrey. Letters of horning were issued against him in 1664 by Colin Campbell, the son of George of Kinnochtry, in attempt to force him to repay the debt owed by his father. The following year, Campbell obtained a decreet of apprising on Macalisters’ lands in effort to collect. In 1669, someone apparently caught up with Godfrey because we find him being held in the Tolbooth at Rothesay (Isle of Bute); the nature of his crime is not specified, but in light of his otherwise good behaviour, debt is the most likely explanation. In 1671 however, he is back in Edinburgh, still in debt and requiring once more an order of protection from the Privy Council.[13]

Sometimes members of the Highland elite were able to satisfy their creditors. In May of 1675, a contract between Gory Macalister and Colin Campbell of Kinnochtry set up payment plans for the money Macalister’s father owed to Campbell’s father. In return, the letters of apprising that Campbell had against Macalister’s lands were to be turned over to Macalister.[14] In the long run, however, the indebtedness of Highland lairds would have a devastating effect on the culture of the Highlands, with many chiefs either losing their lands all together or slowly becoming simply landlords, whose estates were run for profit and whose tenants and clansmen often paid the price. Alexander Fraser notes that the late 18th century saw “an economic landslide in Mid-Argyll . . . . The accumulated difficulties of more than one hundred years proved insupportable, and the landed families . . . failed, one after another”.[15] Among those families whose debts ultimately cost them their lands were the Macalisters of Loup and the Macalisters of Tarbert.

copyright © Lynn McAlister, 2015

[1] Records of the Privy Council of Scotland (series iii), vol. II, p. 58; A. Kennedy, Governing Gaeldom: The Scottish Highlands and the Restoration State, 1660-1688 (Leiden, Netherlands, Brill, 2014), p. 37, note 84.

[2] This requirement originated with the Statutes of Iona in 1609, which charged the Gaidhealtachd‘s natural leaders with maintaining peace and order on their lands.

[3] Ranald Macalister of Tarbert was also in debt. His lands were appraised at a debt of 4,706 merks in 1668 (Beaton, “How the Tarbert Lands Passed from the Macalisters to the Campbells”, p. 15).

[4] Kennedy, p. 37, note 84

[5] M. Fry, Wild Scots: Four Hundred Years of Highland History (London: John Murray Publishers, 2005), p. 36

[6] Kennedy, p. 189

[7] Kennedy, p. 37, note 84; D. Watt, “The laberinth of thir difficulties”, Scottish Historical Review, vol. 86, no. 219 (April 2006), p. 35.

[8] RPCS (series iii), vol. III, p. 430

[9] Watt, p. 36

[10] Watt, p. 37

[11] Watt, p. 40. He also points out (p. 37) that interest rates higher than 50% were not unheard of, so borrowing itself was an expensive proposition.

[12] The Clan Campbell, vol. 5: Abstracts of Entries Relating to Campbells in the Early Unprinted Records relating to Ayrshire, 1515-1650, pp. 201-2; Decisions of the Court of Session from its Institution to the Present Time, digested under proper heads, in the form of a dictionary, vol. XVII, case 15821; Inventory of Lamont Papers, p. 210, item 748.

[13] RPCS (series iii), vol. II, pp. 399, 403, 415

[14] Decisions of the Court of Session, vol. XVII, case 15821.

[15] Fraser, North Knapdale in the XVII and XVIIIth Centuries, p. 81.

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