“..so much well-researched material that the reader finally puts the book down battered, angry and determined that something should be done…” “frank, fearless and at times ferocious.” ………… “an eloquent lament for the Scottish legal profession’s apparent collective loss of moral purpose.” – The Herald, 30 October 2010

“The book is an essential read for all of us who want to live in the Scotland we imagine” –John Watson, Stone Country

Wightman may have trained in forestry and worked as an environmental scientist and campaigner but he brings a lawyerly and forensic analysis to task: a voyage of discovery to find out how landowners in Scotland got their hands on the millions of acres that were once held in common” – The Times

“Utterly magnificent” – Sunday Herald

“well-written, provoking, extensively researched” – Edinburgh Law Review

I was glad to find Andy Wightman’s updated account of how this country was stolen from its people, The Poor Had No Lawyers-Who Owns Scotland And How They Got It (Birlinn, £9.99). Brilliantly researched, extremely well written and shocking in its detail, this book reminds us that when Proudhon coined his famous dictum, “property is theft”, he didn’t know the half of it. – John Burnside, novelist, Sunday Herald Review of Books of 2011 (27 November 2011)

Even readers whose political position and views about property differ from Andy Wightman’s will acknowledge the value of his book. It offers a vast amount of useful and important information, much to chew on, much to argue with, and a good deal to disturb complacency – Allan Massie, Times Literary Supplement, 14 December 2011

The Poor Had No LawyersOn this page, you can find additional information on the Endnotes together with links to some of the references. I will also post additional information of interest to readers.NOTE – June 2012 – this page is not yet complete.
QUARTERLY UPDATE September 2011 Download hereHerald Review 27 October 2010 available here
Stephen Maxwell review in third Force News here
Pat Kane at Thoughtland here
John Watson at Stone Country here
Scottish Legal Action Group Journal, December 2010 here
Scottish Environment Link review by Bob Aitken here
Edinburgh Law Review review here
Scottish Affairs No. 78 Winter 2012 here
My own blog entries relating to topics in the book can be found here
ERRATA in Hardback Edition
The quote on page 199 has been truncated and should continue “..common acreage in the latter part of the sixteenth century, at fully one-half of the entire area of Scotland.” What follows by way of discussion now makes more sense.
Foreword to 2011 Edition
Where I have noted that re-distribution is prohibited by copyright law, I am happy to email copies directly. Please contact me. I have indicated where any document exceeds 1Mb.
Chapter 2

Scottish land law terms
Abolition of Feudal Tenure

Chapter 3

1 Grant, Franchises North of the Border (4.7Mb pdf)
9 Sellar, Farwell to Feudalism
10 http://en.wikipedia.org/wiki/Moot_hill
11 Grant, Death of John Comyn

Chapter 4

6 Knox, First Book of Discipline, Sixth Head
14 Complaint of Allan Stewart to the Privy Council

Chapter 7

1 Adams, Legal Geography of Scotland’s Common Lands. Please email me if you would like a copy of this – I will need to scan it.

Chapter 8

Common Good Act 1491
16 Jarman, Customary Rights in Scots Law – copyright law prohibits re-distribution
17 Jarman, The Great Rabbit Massacre

Chapter 9

1 MacDonald, The Last Outpost of Empire
4 Scots Law Times – I have paper copies. Please email me and I will scan
5 Symmons, Ireland and the Rockall Dispute (1.03Mb)
6 Roth, Without Treaty, without Conquest

Chapter 11

Figure 4 on page 92. Area of land registered in the Land Register.

further chapters to be added ……….

Chapter 18

16 – 18 The Scottish Government has removed the data on payment of public subsidies to farmers in response to a European Court of Justice ruling. See here for further details where you can obtain the data.

further chapters to be added ……….

Chapter 22

Short, C. Traditional Commons of England and Wales (5.89Mb)
2 The Legal Geography of Scotland’s Commons. Please email me if you would like a copy of this – I will need to scan it.
10 www.swt.org.uk/visit/reserves/REM RedMossofBalerno
14 A legal history of Alyth Hill is available here (1.18Mb). See also www.alythhill.com
19 www.ros.gov.uk/foi/legal/text/ch36.htm
21 www.lands-tribunal-scotland.org.uk/decisions/LTS.LR.1999.2,3.html
30 www.birsecommunitytrust.org.uk
32 www.scottishtravellered.netwww.showmensguild.com

further chapters to be added ……….