THE UNWRITTEN LAWS OF THE HIGHLANDS.
[To THE EDITOR OF THE "SPECTATOR."] SIR,—If any weight can be aftached to custom and to the un- written laws of the Highlands some consideration should be shown to those who are now anxious to develop the resources of the West Highlands. To charge fancy prices for land in deer-forests when it is wanted for industrial purposes seems to me to be unpatriotic. I know something about the market- value of Highland estates ; and the true market-value of really good Highland estates may be seen from the prices realised by Mackenzie of Applecross and Macleod of Harris when they sold these properties. The salvation of the West Highlands is in its rainfall ; and many industries which are now beginning to languish in the South would be given fresh life if they were transported to the North, owing to the fact that there is a great difference between the cost of production from cheap electric power and from steam, many experts estimating this difference at 50 per cent, in favour of electrically driven mills. But deer-forests bar the way to the use of water-power on a large seale in the High- lands, since nearly all the mountain lochs and waterfalls from which water can be taken lie in the midst of sporting estates. Deer-forests, however, derive their origin from an erroneous idea on the part of English legis- lators of the nature of old-time Highland tenures. To realise the truth of this statement one has only to read the books bearing on the subject. The custom of the country allowed the Highlander to shoot and fish at pleasure ; the splendid physique of the men of the glens (glens which, alas ! are now depopulated) being proof positive that something more nourishing than potatoes and herring formed part of their daily food.. Old customs die hard ; a fact which is not remembered by the English tenant of a sporting estate when he inveighs against the crofter as an inveterate poacher. The following extract from Sir John Sinclair's "Statistical Account of Scotland "(1793) will, however, prove that at one time the crofter could claim a customary right of fishing the rivers of the West Highlands :—" There are two rivers in this parish (Kintail), both of which were at one time famous for salmon ; and the fishings were common to the inhabitants till they were laid under strict prohibition soon after 1745." Again, the MacQueens of Garafad, in the Isle of Skye, held their farm free for many centuries on the condition that they supplied a certain number of salmon annually to the chief of the Clan Macdonald. These are two instances which show the ancient customs of the people in the West Highlands. The income of a chief was principally derived from his home farms ; he also received a share of the fines levied from those who violated the unwritten laws of the land, and when he was employed in dispensing justice the litigants were obliged to support him and his train of followers,—this allowance being known as gearriclA maid (a tax for the Court). Lawyers and their ways were, however, strangers to the West Highlanders for many a century ; and this is how they were welcomed when they first made their appearance in the land : The law has come as far as Ross•sbire." said an islesman to his neighbour. ." Oh, ho ! then it will soon retth us -if God does not stop it," was the dear bodach's pious. comm ent, which (for a theologian) showed an imperfect knowledge of the will of the Almighty. But now (if the law does not stop it) the heavy rainfall will assist the Highlanders to capture the markets of the world.—I am, Sir, &C., DONALD N. Rtro.
1 Dudley Place, St. Mary's Square, Paddington, N.
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