Understanding ancient Scottish land leases

Have you run across the terms feu/feuer or tack/tacksman in the course of your Scottish history or genealogy research and wondered what they are or what the difference is?

Landlords, Feuers, and Tacksmen

A feu and a tack were both ancient forms of land leases under Scottish law. A feuer was the holder of a feu and a tacksman was the holder of a tack.

The word feu comes from the same root as the word feudal. Feudalism involved a hierarchical system of land ownership where land was held ultimately by the king or queen, who granted superiority of the land to noble or gentry landlords (Dukes, Earls, Barons, etc.) in exchange for payment and for their loyalty and service, including military support or labour. These landlords would then, in turn, grant leases of the land to their tenants in exchange for payment, loyalty and service. It was very much like a pyramid scheme in that everybody above got a piece of the pie from everyone beneath them. But not all leases were equal.

Feu

A feu (or feu right) was a superior form of land lease which conveyed rights almost akin to full ownership. A feu was a perpetual-lease — that is, it was renewed automatically and perpetually unless cancelled. It included a hereditary right in that it could be passed on to a feuer’s heirs as part of their estate through their will. Feu right holders would often grant sub-leases to their own sub-tenants. A feu granted the holder the designation “of” in reference to their residence. Thus, John Stewart who held a feu right to Glenbuckie would be designated “John Stewart of Glenbuckie.”

Tack

A tack was a term-lease between a tacksman tenant and a superior landlord. It granted a temporary right to use, occupy, and possess land for a fixed term in exchange for an annual rent and/or services. It could be renewed on a regular basis, but was not automatically renewable. A tack was not protected by right of heredity and could not be granted through one’s estate to their heir through their will without the consent of the superior landlord. However, tacks were commonly treated in a hereditary manner and passed down through the same family. A tack did not grant the designation “of”, thus, John Stewart who had a tack of Glenbuckie would be designated “John Stewart in Glenbuckie,” not “of Glenbuckie.”

Although tacksman and taxman are pronounced identically, they are not related words. A tacksman had nothing to do with collecting taxes.

Tenant Farmers and Cottars

Tacksmen would then, in turn, grant further sub-leases to tenant farmers and cottars.

Tenant farmers rented their land from the tacksmen and were responsible for cultivating the land and paid rent in exchange for occupancy. Cottars were the lowest tier of laborers who worked on the land in exchange for payment of rent and a small plot of land on which to live and grow their own food. 

It is no wonder that, during the 17th-19th centuries, many tacksmen, tenant farmers, and cottars fled to the New World where they were permitted to actually own the land they lived on and not be perpetually beholden to a landlord.

Ryk Brown, FSAScot

Sources:

• Dictionary of the Scots Language
• LSD.law
• Wikipedia “Feudalism”
• Wikipedia “Land Tenure”
• Wikipedia “Highland Clearances”
• Britannica “Highland Clearances”