THE UNWRITTEN LAWS OF THE HIGHLANDS. [TO THE EDITOR OP
THE "SrEcreTon."] observe in the Spectator of May 20th that your correspondent, Mr. D. N. Reid, seems to think that the custom of the country allowed the Highlander to shoot and fish at pleasure prior to the invasion by English sporting tenants. Sir John Sinclair is quoted as to the rights of the inhabitants to fish two rivers in Kintail prior to 1745. That shooting was not allowed in Kintail in early times, I can show, as I have before me a document dated 1660, in which Colin Mackenzie, of Kilcoy, is appointed by Kenneth, Earl of Seaforth, his " baylie for cognoscing and determining upon all chasers and killers of dears or Roe within any of the bounds of Kintayle, lochelse, Lochcarron Stmthstrabrane glassletter, affarik and glen strafarrer." Any " guyltie person" was to be fined 100 marks Scots. That "guilty persons," alias poachers, existed at that time, is thus clearly shown, and I should venture to believe that any earlier documentary evidence on sporting rights in the Highlands would prove that it was the exception, and not the rule, for those rights to be exercised except at the pleasure of the proprietor.—I am, Sir, &c., EVAN N. BURTON-MACIEENZIE.
Belmaduthy House, Afwilochy, N.B., June 2nd.
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