September 5th 1769

The Factor's Travails

In the early 18th Century, the great Highland chiefs such as the Duke of Atholl had enormous powers and control over the lives of their tenants. However the powers were not absolute and had to be carried out within the framework of the law. In addition to the legal safeguards, tenants could petition the Duke direct which acted as a check upon the activities of an unscrupulous factor. It could also allow tenants to appeal to the Duke’s good nature trusting that he was unaware of the true facts of the case. For example, consider the difficulties experienced by the Duke’s factor:

Thomas Bisset, factor to the Duke
“My lord Duke, September 5th 1769
I see John Foggo has been at Atholl House, your Grace will see by what is marked on the enclosed slip with your own hand how far he was deficient last year and has been so all along, does not end but grows worse and worse, so that I suspect your Grace will in the end lose by him, he owes every farthing of his rent 1768 being Ł35. 6. 4d besides eight bolls meall to the poor of this place who are in the greatest distress wanting it. His possession which is a great one and is by all accounts gone to ruine, he has a son who I am told is upon the graceless order that stays in the farm with him……”

At the end of October he was again writing of John Foggo. “After my last collection at Nairne I threatened him and the rest in arrear with big words in expectation of squeezing payment upon the back of which he and some others went to your Grace wanting respite no doubt which was given them……Since that time I sent him several civill and pressing messages to pay his rent cropt 1768 but to no sort of purpose……and now your Grace sees that he wants to fight us at law on frivolous pretexts that never was heard of before. The man I now find is desperate in his circumstances and his son a drunken coxcomb……he now owes you his rent for 1768 and 1769 which by all accounts he will not be able to pay. Your Grace may do what you please but if the lease was mine I would immediately roup his possessions to the best bidder and without loss of time and recover from him all that can be got by the aid of law……for my part for several years I indulged and pleaded for him but now he wants to frighten me with the law. I humbly think he ought to be made an example of, and some others too otherways your Grace will see your consequences.”

If Bisset seems hard and unforgiving, the general picture painted of his correspondence with the Duke is of a fair minded man though certainly one who looked after the Duke’s interests. For instance, he writes of David Kelty who suffered a ‘misfortune’ possibly a fire at his holding. “I found out old timber sufficient to mount his barns without the necessity of cutting a tree. I found him so well beloved of his neighbours that they were taking from him a good many of his cattle to winter them for him.”

He is quick to commend the widow McInroy and her sons “who have brought that town by their industry and diligence from a very bad to a good possession.” Hearing that they may be evicted at the end of their tack he “entreats that my Lord Duke may give themselves the first offer as they are punctual payers of the rent and services. They are willing to augment the rent a guinea yearly upon getting a new tack for 19 or 21 years and begs to be heard in case any other offers more.”

His constant battle is to get the rents paid and he is quite prepared to indulge in psychological warfare to attain his ends. “I was so provoked to find so many deficiencies the last collection that by way of a spurr I ordered a summons for every individual, I find the summons with Big Words has had a good effect upon some and made them come in. I did not attempt to carry the summons to extremity at least for some time but they do not know of this or it would slacken their diligence.”