TTHHEE CCIIVVIICC GGOOVVEERRNNMMEENNTT OOFF TTHHEE SSCCOOTTTTIISSHH HHIIGGHHLLAANNDDSS DDUURRIINNGG TTHHEE RREESSTTOORRAATTIIOONN,, 11666600--8888 Allan Douglas Kennedy This thesis is submitted in part-fulfilment of the requirements for the degree of Doctor of Philosophy Division of History and Politics University of Stirling October 2011 Declaration I hereby declare that this thesis has been composed by myself. The work it embodies has been undertaken by me alone, and has not been included in any other thesis. Signed: Date: ii Contents Abstract iv Abbreviations v Notes vii Lists of Tables and Figures viii Acknowledgments ix Maps xi Introduction 1 Chapter 1: Centre-Periphery Historiography and the Highlands 10 Chapter 2: The Highlands in Britain 41 Chapter 3: The Nature of the ‘Highland Problem’ 82 Chapter 4: The Restoration Settlement in the Highlands 139 Chapter 5: Engagement and Containment, c. 1660-78 179 Chapter 6: Reaction and Realignment, c. 1679-88 220 Chapter 7: The ‘Fiscal-Military’ State in the Highlands 269 Conclusion 312 List of Appendices 320 Bibliography 321 iii Abstract Recent developments in Scottish historiography have done much to resurrect the Restoration from the obscurity in which it had conventionally languished. Lacunae remain, however, and one of these surrounds the Highlands, which has often had to make do with broad generalisation. The present thesis aims to address this deficiency through exploration of two general themes. Firstly, it considers the place of the Highlands within the broader Scottish and British contexts. Focusing on the linkages between central government and the local elite, and on the extent to which the Highlands were socially and culturally distinct, it argues that historians’ continuing treatment of the Highlands as a self-contained entity is misguided. Instead, it is suggested that the region should be viewed as simply another locality within Britain, a locality which, while displaying a unique hybridised identity, was nevertheless heavily integrated with the rest of the country. Secondly, the thesis traces the development of government policy towards the Highland periphery. Recognising that policy was usually aimed at curbing the perceived problem of endemic animal theft, it uncovers opposing intellectual underpinnings – ‘direct’ and ‘indirect’ – to the government’s approach. It then considers in detail the various policy initiatives launched over the period, arguing that most of these were shaped by the interplay of the underlying strategic impulses. It also acknowledges the influence of wider developments in British politics. Ultimately, the thesis seeks to recast the prevailing understanding of the Highlands. Moving away from well-worn stereotypes of endemic lawlessness and violence, it also questions the notion of a fundamental cleavage between central and local elites. Instead, it argues that, during the reigns of Charles II and James VII, the prevailing pattern was one of partnership and mutual reinforcement. iv Abbreviations Bod. Bodleian Library, Oxford BL British Library, London CSPDC Calendar of State Papers, domestic series, of the reign of Charles II, 1660-1685 , 28 vols (London, 1860-1947) CSPDJ Calendar of State Papers, domestic series, of the reign of James II, 1685-1689 , 3 vols (London, 1960-77) EUL Edinburgh University Library, Edinburgh HARC Highland Archive and Registration Centre, Inverness NLS National Library of Scotland, Edinburgh NRAS National Register of Archives for Scotland NRS National Records of Scotland, Edinburgh [formerly National Archives of Scotland] PKA Perth and Kinross Council Archives, Perth v RGSS J.M. Thomson (ed.), The Register of the Great Seal of Scotland , 11 vols (Edinburgh, 1882-1914) RPCS P. Hume-Brown, et al (eds.), Register of the Privy Council of Scotland, Third Series, 1661-1691 , 16 vols (Edinburgh, 1908-70) RPS K.M. Brown, et al (eds.), Records of the Parliaments of Scotland to 1707 (St Andrews, 2007), www.rps.ac.uk SA Stirling Council Archives, Stirling SCA Scottish Catholic Archives, Edinburgh SHR Scottish Historical Review WSRO West Sussex Record Office, Chichester vi Notes All dates are given according to the Old Style (Julian) calendar, although the year is taken to begin on 1 January, rather than 25 March. Sums of money are in pounds (£) Scots unless otherwise stated. A merk is equal to 13s 4d, or nearly two-thirds of a pound. John Campbell of Glenorchy (1636-1717) should correctly be designated ‘Earl of Caithness’ between 1672 and 1681. However, to avoid confusion with the Sinclair earls, the thesis refers to him as Laird of Glenorchy until his elevation to the earldom of Breadalbane in 1681. The Caithness title is used exclusively to refer to George Sinclair, 6th earl of Caithness (1643-76) and George Sinclair, 7th earl of Caithness (1681-98). vii Lists of Tables and Figures Table 1: Highland attendance at Parliament (P) and Conventions of Estates (C), 1665-86 63 Table 2: Local Office-holding in the Highlands, 1660-88 75 Table 3: Highland attendance at the Restoration Parliament, 1661-63 154 Table 4: Exemptions from the Act of Indemnity in the Highland Shires, 1662 173 Table 5: Judicial Commissions appointed in the Highlands, 1661-85 197 Table 5: Monthly taxation valuations in the Highlands, 1661-78 276 Table 7: Highland liabilities under the offer of forces, 1663 283 Table 8: Proposed personal levies for lieutenants of Argyll, 1684 287 Figure 1: Criminal Cases in Argyllshire, 1660-88 103 viii Acknowledgments It is a truism that, despite the ostensibly solitary nature of their endeavour, academics depend upon extensive support networks. In my case, acknowledgment of that assistance must begin with the Arts and Humanities Research Council, from whom I was privileged to receive a three-year Doctoral Scholarship. Without the financial security provided by this grant (or, indeed, the one year Research Preparation Masters Scholarship that preceded it), there is no doubt in my mind that this thesis would simply not have been written. At the University of Stirling, my primary debt is to Dr Alastair Mann, who has acted as my supervisor in an unbroken run since I was a final year undergraduate. For his guidance and enthusiasm over the course of nearly six years, not to mention for his role in directing me towards the under-tilled expanse of the seventeenth-century, I am eternally grateful. Insightful input also came from Dr Alasdair Ross, whose extensive knowledge of Highland social structures proved invaluable. Indeed, profound thanks are due to all of the staff at the Division of History and Politics, in particular Professor Richard Oram, Dr Colin Nicholson, Dr Jim Smyth, Dr Emma MacLeod, Dr Kirsty McAlister and Sheilah Greig, all of whom have, in various ways, helped keep me afloat over the years. In common with all historians, I am deeply indebted to the staff of the various archives and libraries I visited – their patience and professionalism ensured that my research ran much more smoothly. Particular acknowledgment is due to the staff of the National Records of Scotland without whom I would have been hopelessly adrift. I am grateful also to Lord Doune, His Grace the Duke of Argyll, Thirlestane Castle Trust and the owners of the Blair Castle collection for kind permission to view their private papers. ix On a personal level, I would like to thank my parents, Mary and Douglas Kennedy, for a lifetime of unstinting support. They will (probably) not read this thesis, but without their faith and encouragement it would never have seen the light of day. For his breezy disinterest in all things historical, and consequent ability to help me keep things in perspective, gratitude is also due to my brother, Martyn. Finally, I want to thank my wife, Debbie. She had to put many things on hold while I worked on this thesis, but she never wavered in her determination that I should finish it, nor in her belief that it would be worth the wait. Her love and support gave me the confidence to carry on, and that I have reached this stage is, above all else, a tribute to her. x Maps xi Map 1: Traditional shires of Scotland xii Map 2: Major towns and settlements mentioned in the text xiii Map 3: Islands and Locales of the Highlands xiv Map 4: The Highlands as defined in this thesis xv Map 5: The Commission for Securing the Peace of the Highlands, 1682 xvi Introduction Introduction Until fairly recently, any historian seeking to investigate Scotland during the Restoration faced a daunting task. Beyond a few scattered biographies dealing with some of the major politicians, there were very few texts upon which to draw. 1 This paucity no doubt reflected the apparent difficulty of locating a compelling meta-narrative for the period. While European historians grappled with grand themes such as ‘absolute monarchy’ or ‘military revolution’, and English commentators could approach the period through any number of colourful and compelling topics – the rise of party, the development of court culture, the struggle between crown and parliament, or the ever-swelling paranoia about Popery – their Scottish counterparts (largely taking their cue from the mammoth antiquarian efforts of the eighteenth-century Presbyterian historian, Robert Wodrow) seemed unable to perceive anything other than a dreary cycle of pedantic and esoteric religious squabbles. Moreover, those works which were produced tended to generate rather more heat than light. Take, for example, the competing views of the Covenanting movement offered at the start of the twentieth century by Alexander Smellie and William Mathieson. For Smellie, the Covenanters were heroic opponents of tyranny who refused to surrender their liberty; for Mathieson, they were a rabble of vicious, rebellious fanatics.2 This disagreement says much 1 J. Willcock, The Great Marquess: Life and Times of Archibald, 8th Earl, and 1st (and only) Marquess of Argyll (1607-1661) (Edinburgh and London, 1903); J. Willcock, A Scots Earl in Covenanting Times: Being Life and Times of Archibald 9th Earl of Argyll (Edinburgh, 1907); A.