Remote & Rural Remedies

Absent Heritors

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Heritors

Within the surveys, a specific query was asked about the presence of resident heritors in the parish. A heritor was a landowner, under Scots Law, whose holdings were sizeable enough for them to be liable for the payment of public burdens such as Poor Law rates, road and bridge assessments and the church minister’s stipend. Although heritors did often inherit their properties, they may also have acquired them through purchase.

Heritors’ Responsibilities and the Impact of Absenteeism

As the major landowners in their parishes, heritors were involved in the administration of poor relief, with official responsibilities set out in law as early as the seventeenth century. They, along with the kirk sessions (church courts) in rural parishes continued to hold this authority under the Poor Law Amendment (Scotland) Act of 1845, as they were represented on the parochial boards which subsequently managed Poor Relief.

Heritors were also required to make contributions to poor relief funds and many opted to determine their own level of donation, rather than be subjected to taxation or ratings arrangements. Many attempts were made to establish taxation systems in order to both increase the availability of poor relief and establish a fair system for contributions across parishes. However, there was limited central ability to mandate any particular system so methods and mechanisms varied widely and heritors were not required to make contributions in a way that was proportionate to their means or income. In addition, many parishes did not establish any form of taxation and the bulk of poor relief continued to come from voluntary donations through the Church.

Another factor that reinforced the need for a taxation system was the increase in absenteeism among heritors during the nineteenth century. More and more landlords were wealthy speculators or investors, who often lived elsewhere and so could not be relied upon to provide consistently for the poor in their Highland parishes. Reasons for their absence were numerous, including multiple property ownership, involvement in trade or military activity overseas or work elsewhere in the country including in politics.

Heritors in the Surveys

A number of heritors mentioned in this collection were non-resident, or only temporarily resident, in the areas covered by the surveys. Some worked or served in the military overseas, in colonies of the British Empire such as India or in areas where Britain traded extensively such as China. Others were elected as Members of Parliament, in some cases representing constituencies very far from the Highlands and islands of Scotland.

John Stewart of Belladrum fulfilled both of these categories – having worked in trade in both India and China he was subsequently elected MP for Beverley in Yorkshire, which he represented between 1826-30. Another heritor, Sir Alexander Matheson, also worked in commerce, mainly in China, Macau and Hong Kong and served as an MP, although for constituencies within the Highlands.

General John Munro served in the Madras Army, as did Lieutenant General Sir Hugh Fraser of Braelangwell and Dr Mackenzie of Culbo was a doctor in the East India Company (HEICS).

The heritors with political obligations in distant parts of the UK included Alexander Hamilton who held the Lancaster constituency from 1802 to 1806, John Gordon of Cluny who held the seat of Weymouth and Melcombe Regis on the South coast of England from 1826-1832 and Neill Malcolm of Poltalloch, who represented the people of Boston in Lincolnshire between 1826 and 1831. Slightly closer to the Highlands, James Maitland Balfour represented Haddington in East Lothian from 1841-47, despite having property in Ross-shire.

Conclusion

Heritors were key figures in the nineteenth century society of the Highlands and islands, and their absence often had as much impact as their presence on their local communities. The bulk of the population in the region at this time were very poor and many relied on the heritors for accommodation, land, work and charity. However, a considerable number of heritors did not consider these issues to be a priority and instead devoted their time to work or leisure activities in other parts of Britain, or even overseas.

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Sources:

Turner, S., (1908) The History of Local Taxation in Scotland, Edinburgh: William Blackwood & Sons

SCAN, Knowledge Base, The Poor Law in Scotland before 1845, https://www.scan.org.uk/knowledgebase/topics/poorlaw1.htm

SCAN, Knowledge Base, The Poor Law in Scotland after 1845 https://www.scan.org.uk/knowledgebase/topics/poorlaw2.htm

National Records of Scotland, Poor Relief Research Guide, https://www.nrscotland.gov.uk/research/guides/poor-relief-records

Newby, A. (2010) ‘Land and the “Crofter Question” in Nineteenth-Century Scotland’, International Review of Scottish Studies, (35), pp. 7-36. https://doi.org/10.21083/irss.v35i0.1069