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Legacy of the uprising

Q I believe my ancestors may have worked on an estate which was forfeited after the Jacobite uprising of 1745. What information can I find out about this? B Lockhart (by e-mail)

A When the Jacobite rising collapsed in the spring of 1746, a large number of estates in Scotland, belonging to those who had been implicated in the affair, were forfeited to the Crown due to the treason of their owners. The Vesting Act (as it was known), of 17 June 1747, authorised the Scottish Court of Exchequer, the guardian of Crown revenues in Scotland, to make full enquiry into the extent and value of the estates, to appoint factors to levy the rents and profits, and to arrange for the determination of claims to the estate, the sale of both real and personal property, and finally, the payment of creditors.

Fifty-three estates were surveyed by order of the Barons of Exchequer, and the Court of Session upheld claims to 12 of these, declaring them not forfeit. The remainder fell to the management of the Barons, who administered this property for nearly 75 years. Records of their administration of the estates survive among the Exchequer records held at the National Archives of Scotland (NAS reference: E700-E788). These records provide a picture of life on these estates in the period before the rising, the manner in which that life was disrupted by the events of 1745-46, and the vigorous efforts used during the subsequent years to restore order and a state of normality, particularly in the Highlands.

If you know which estate your ancestors worked on the records you are looking for in particular are rentals, leases and any mention of tenants, particularly in among petitions and memorials, claims and letters. Rentals often simply consist of summary accounts of the annual income of the estate without mentioning individuals. Some, however, do contain information such as the names of the tenants, the name, acreage and value of the land leased, the year in which the lease began, its duration, and payments made in cash, kind or labour. Leases may provide more information than rentals.

If you know the area, but not necessarily the estate or treasonous owner, there are several publications which might be able to help. These are available for consultation at the National Archives of Scotland. They include: six volumes of Ordnance Survey Gazetteer, by Francis H Groome (Edinburgh 1883); and the Statistical Account of Scotland, 3 Series, numerous volumes compiled by the ministers of the Church of Scotland, various editors (Edinburgh, 1791-1799, 1845 and 1987), and which is also available online at: edina.ac.uk/stat-acc-scot/

If you have a question for the Genealogy Clinic e-mail the team at familytree@scotsman.com We will endeavour to deal with all enquiries as quickly as possible, but we regret that we cannot enter into personal correspondence.

ScotlandsPeople is a partnership between the General Register Office for Scotland, the National Archives of Scotland and the Court of the Lord Lyon.


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