Justice and Society in the Highlands of Scotland

Charles Fletcher, Ph.D. (2019), University of Edinburgh. His main fields of interest are the culture and history of the highlands of Scotland and Scottish legal history.

• PrefaceAcknowledgementsList of IllustrationsConventions and AbbreviationsGlossary1 Introduction1.1 Heritable Justice in Scotland1.2 Seigneurial Justice: Scotland in European Context1.3 The Regality of Grant2 The Clan Grant and the Regality Court2.1 Strathspey in the Early Eighteenth Century2.2 The Lairds of Grant, the Fine and the Regality Court of Grant2.2.1 The Lairds of Grant2.2.2 Bailies of the Regality of Grant2.2.3 The Fine of Clan Grant: John Grant of Dalrachney2.3 Conclusion3 The Regality Court and Its Procedures3.1 Court Officials3.1.1 Clerks of the Court3.1.2 Procurators Fiscal3.1.3 Officers3.1.4 Birlawmen3.2 How, Why and When Were Courts Convened?3.2.1 When?3.2.2 Where?3.3 The Court Day4 Actions for Debt4.1 Debt and Credit in Strathspey4.2 The Collection of Rents4.3 Poinding4.4 Debt and Divisions in the Grant Family: Unwarranted Poinding 1710–17114.4.1 Rental Crisis4.4.2 Case Study: Ludovick Grant of that Ilk v. Mungo Grant of Mullochard and Others4.5 Conclusion5 Criminal Jurisdiction5.1 Violent Crime and the Regality Court of Grant5.1.1 Trends in Violent Crime5.1.2 Gendered Differences in Violence5.1.3 Types of Violencea) Violent Threats and Cautionb) Violent Disputes5.1.4 Process5.1.5 Punishment5.2 Serious Crime and the Regality Court of Grant5.3 The Northern Circuit of the Justiciary Court and the Regality of Grant5.3.1 1708–17105.3.2 1711–17475.3.3 After Abolition, 1748–17535.4 Conclusion6 Economic and Social Control6.1 Economic Control6.1.1 Food Supplies6.1.2 Regulation of Employmenta) The Problem of ‘Loose’ Servantsb) Wagesc) Other Trades6.1.3 The Relationship between the Regality Court and the Justices of the Peace6.2 Religious and Social Control6.2.1 People6.2.2 Kirk Session Business and the Regality Court of Grant6.2.3 Slander6.2.4 Funding the Kirk6.3 Local Governance, Conclusions7 The Regality Court and the Landed EstateWoodlands, Game, Farming and Improvement7.1 Protecting the Laird’s Woodlands and Game7.1.1 Woodlands and Their Management in Eighteenth-century Strathspey7.1.2 The Regality Court and the Woodsa) Continuity and Changeb) The York Buildings Company7.2 Game7.2.1 Hunting, Fishing and Game in the Regality of Grant7.2.2 Poaching Cases in the Regality Court7.3 Improvement and Farming7.3.1 Pastoral Farming7.4 Conclusion8 Land Tenure8.1 Tacks and Tenure8.2 Vassal’s Labour Services8.3 Conclusion9 Conclusion9.1 Justice, Society, and Heritable Jurisdictions9.2 Jurisdiction9.3 Heritable Justice after 1748BibliographyIndex