Freudian Slips and Coteries of Vice: The Sexual Offences Act of 1967*

The Sexual Offences Act 1967 made the first inroads to decriminalising men's homosexual sex since buggery was made a capital offence under Henry VIII. The act was drafted at the direction of the 1957 Wolfenden report, but bore the distinct hallmark of individuals of the 1967 parliament. More complex than the dictated product of Wolfenden, and more idiosyncratic than a simple reflection of the social climate of the 1960s, the private member's bill was a Labour initiative with bipartisan support, driven in the Commons by the bizarre motivations of its sponsor, Labour member for Pontypool, Leo Abse. Contrary to popular myths about the aims of decriminalisation, Abse's crusading Freudian motivation was concerned with discouraging, more than allowing, homosexual behaviour. Similarly, ‘privacy’– the gift of the house of lords to sexual regulation – was aimed largely at curtailing men's sexual practices, along with secreting them away. Thus, while the act is typically associated with a general ideal of freedom, much parliamentary motivation concerned control and the prevention of sexual activities.     

More than a storm in a teacup: the defence and security implications of Scottish independence

In September 2014 the people of Scotland will vote on whether to become an independent nation, with the defence and security of Scotland proving to be one of the more vociferous areas of debate. This article argues that defence and security implications of this referendum are far more fundamental than either the ‘yes’ or ‘no’ campaigns have admitted. It makes four points. First, it suggests that the Scottish government's plans for defence and security in NATO and the EU are at odds with its proposed armed forces and that Scotland may well find itself having to make far greater commitments to defence to assure its allies. Second, it argues that a vote for independence will represent a game‐changing event for the remainder of the United Kingdom's defence and security, which will have significant consequences for the United Kingdom's partners and allies in NATO, the European Union and elsewhere. Third, the article contends that even a vote against independence will have a long‐term impact, in that the ‘West Lothian question’ and Scottish support for nuclear disarmament influence the 2015 Strategic Defence and Security Review. Finally, the article highlights how this issue has revealed weaknesses in the think‐tank and academic communities, particularly in Scotland. The independence vote does, therefore, represent ‘more than a storm in a tea cup’ and thus there needs to be far greater engagement with these issues within the United Kingdom and elsewhere.     

Too many Scotlands? Place,the SNP,and the future of nationalist mobilization

Scottish nationalism has always had a ‘geographical problem’ in the sense that support for its central goal, the independence of Scotland from the United Kingdom, has had much more backing in some regions and localities than it has had in others. In the 1970s and 1980s the geographical pattern to this support, at least as expressed in votes for the Scottish National Party (SNP), seemed very clear. Suddenly the picture changed between 2011 and 2016, to the extent that the whole of Scotland, notwithstanding the overall ‘No’ vote on Scottish independence in the 2014 referendum, seemed to be lining up to some degree or another in the ‘nationalist column.’ As quickly, this proved ephemeral. As of 2017, the future of the central goal of Scottish nationalism is once more in doubt because of a new geography of support and disaffection that seems to reflect a number of recent trends in attitudes towards voting for the SNP. The article maps the course of the older and newer geographies of Scottish nationalism in terms of the overall political economy of the country, given its proponents’ heavy emphasis on economic themes, and the ways this is refracted through place-to-place social and economic differences across the country.     

THE ESTABLISHMENT OF CIVIL REGISTRATION IN SCOTLAND

An act for registering births, deaths, and marriages was passed for England and Wales in 1836. Scotland, despite evident support for the principle of civil registration there, did not obtain equivalent legislation until 1854 - a paradox that has yet to be fully explained. Eight unsuccessful bills preceded the Scottish act, and this article explores the reasons for their failure. Although the Scottish churches and municipal authorities broadly favoured vital registration, their objections to particular clauses concerning the nomination and payment of registrars, the imposition of fees for registration and penalties for non-registration, and the provision of new administrative facilities, repeatedly impeded the bills' progress through parliament. More importantly, four of the bills were linked to measures for reforming the marriage law, which were so offensive to Scottish sensibilities that the registration bills were damned by association. Only by altering these contentious clauses and eschewing any interference with the law of marriage did Lord Elcho's bill of 1854 succeed. The lengthy gestational period preceding the Scottish legislation did, however, result in the compulsory registration of births and deaths, unlike in England, and secured a greater breadth of detail in the Scottish registers.     

For the Community: Scottish Historical Archaeology and the Politics of Land Reform

In Scotland, land reform is, historically and still today, a defining political issue and a subject of debate. Central to this debate are different ideological understandings of the rural past. In this paper, I discuss the nature of the Scottish land question and explore several of the main—sometimes complementary, sometimes conflicting—ideologies concerning land, as put forward or supported by different constituencies: politicians; landowners; crofters; Scots more generally; and members of the Scottish diaspora. I consider the histories to which these ideologies relate and seek to locate the historical archaeology of rural Scotland in its political and social contexts.     

Planning Under a Scottish Parliament: A Missed Opportunity?

Devolution has naturally led to expectations of legislative and policy divergence. Given its largely unitary nature across the UK such anticipation has also been a characteristic of planning debates. In Wales and Northern Ireland there is evidence of some progress in developing planning to better meet the needs of those areas. In Scotland, however, there have been far more modest achievements to date. Far from charting a new course for planning through legislative and policy change the trajectory for planning in Scotland post-devolution has been very similar to that south of the border. This article explores the changes to planning under the Scottish Parliament and discusses some of the reasons for the apparent lack of ambition and progress.     

Contesting Chivalry: James II and the control of chivalric culture in the 1450s

This article focuses on the reign of James II of Scotland (1437–1460) and argues that the Scottish king deliberately attempted to gain a monopoly over chivalry as part of his assertion of royal power. In seeking to integrate the historiographies of state-building and chivalric culture in fifteenth-century Scotland, what is offered here is an account of the principal strategies employed by James II to establish royal authority throughout Scotland, and an assessment of the various means in which chivalry was being patronised and promoted by the Scottish nobility and the political challenge inherent in this activity. James's response to this challenge is examined through a series of incidents in the 1450s and, in this manner, seeks to rethink the role of chivalry in late medieval Scotland. Far from being a peripheral cultural practice, this article argues that it should be seen as an integral part of James II's state-building agenda.     

Contesting Chivalry: James II and the control of chivalric culture in the 1450s

This article focuses on the reign of James II of Scotland (1437–1460) and argues that the Scottish king deliberately attempted to gain a monopoly over chivalry as part of his assertion of royal power. In seeking to integrate the historiographies of state-building and chivalric culture in fifteenth-century Scotland, what is offered here is an account of the principal strategies employed by James II to establish royal authority throughout Scotland, and an assessment of the various means in which chivalry was being patronised and promoted by the Scottish nobility and the political challenge inherent in this activity. James's response to this challenge is examined through a series of incidents in the 1450s and, in this manner, seeks to rethink the role of chivalry in late medieval Scotland. Far from being a peripheral cultural practice, this article argues that it should be seen as an integral part of James II's state-building agenda.     

Socio-economic Dislocation and Inter-war Emigration to Canada and the United States: A Scottish Snapshot

During the 1920s emigration from Scotland exceeded the natural growth of population. Yet relatively little attention has been paid to the mechanisms of relocation, the regional and occupational origins and destinations of the emigrants or their demographic profile. This article draws on the recently compiled Scottish Emigration Database to provide a quantitative snapshot of the circumstances of 18,512 passengers who embarked on the lower Clyde in the first four months of 1923. The first section explains the rationale, methodology and historiographical context of the database. Then, after outlining the economic, social and political climate in inter-war Scotland, the article investigates the extent to which decay, dislocation and disillusionment – or alternatively opportunity and ambition – provoked transatlantic emigration. Reference is made to local and regional issues within Scotland, notably in the urban-industrial central belt and the crofting communities of the Hebrides. Setting the Scottish experience within the wider framework of British emigration policy between the wars, it also evaluates the effectiveness of empire settlement legislation in recruiting and retaining settlers for Canada against the competing attractions of the United States.     

The Scottish Union Bill of 1656–7

The Scottish Union Bill introduced to the second Protectorate Parliament in October 1656 was based on the union ordinance of 1654, but it was then subjected to wide‐ranging amendments over the next few months. These amendments made many concessions to the Scots, including recognizing their separate legal system and the rights of the burghs, and allowing an expansion of free trade. This article explores the implications of these changes to the constitutional relationship between the two nations, and identifies the changes with a programme of reform championed by the Scottish council, led by Lord Broghill. The fate of the Union Bill thus became linked to the wider reform movement that saw the replacement of the Instrument of Government with the more moderate, civilian constitution known as the Humble Petition and Advice in the spring of 1657.     

Protection from the British Empire? Central Africa and the Church of Scotland

This article demonstrates that the Church of Scotland did not seek to undermine the Central African Federation from the moment of its foundation in 1953. This misconception derives from many of the church's missionaries in the region who demonstrated open disdain for the Federation throughout its existence. They were upset that it had been imposed by the white settlers of Central Africa and the British government over the objections of the indigenous Africans. The church, however, did not follow its missionaries. Instead, it sought to make the federal scheme work for all concerned. The Reverend George MacLeod, perhaps the most visible church leader of the twentieth century, played an important role in trying to make the Federation function between 1953 and early 1959. It was not until after the declaration of the Nyasaland Emergency in March 1959 that the church passed a deliverance demanding an autonomous, African-run Nyasaland, at the behest of MacLeod's Committee Anent Central Africa. Deliverances are resolutions presented to the commissioners of the General Assembly of the Church of Scotland. The commissioners listen to the deliverances and then choose to accept, reject, add to, or amend each of them. Deliverances accepted, or passed, by the General Assembly become law. These laws determine how the Church of Scotland operates. This divergence between the Church of Scotland and its missionaries before the Emergency resulted from the Church's sense of historical obligation to protect the indigenous peoples of Nyasaland from the possibly deleterious consequences of rapid decolonisation. Afterwards, the church focused on protecting the Africans from the federal government by setting them free from the British Empire.     

Remnants of Scottish stone architecture in Nova Scotia

During the eighteenth and nineteenth centuries, thousands of Scottish emigrants travelled to Canada. This paper concerns those buildings that were designed and constructed by Scottish settlers, utilising skills and materials transported from their homeland. The research concerns the extent to which buildings of those early generations of settler might still be intact, with specific reference to selected case studies from Nova Scotia. One is faced with still intact examples of Scottish architectural heritage, located thousands of miles from Scotland. This has interesting and important implications for the manner in which we value, care for and understand meaning within the built heritage.     

The Decline of the Scottish Conservatives in North‐East Scotland, 1965–79: A Regional Perspective

This article takes a fresh look at the decline of the Conservative Party in post‐war Scotland, a phenomenon that has provoked much debate. The analysis presented here is innovative in that it takes a regional approach, whereas other contributions to this field have tended to ignore the considerable regional diversity of Scottish political behaviour. By examining one particular region of Scotland – the rural north‐east – this article demonstrates that the Conservatives’ decline occurred at the hands of parties – the Liberals and the Scottish Nationalists – that did not brand themselves as left wing or right wing; the latter in particular eschewed conventional political labels. This marks another departure from the established literature, which has tended to discuss the decline in terms of the Conservative Party or the Scottish electorate moving ‘left’ or ‘right’. Furthermore, the article makes it clear that a serious decline befell the party between 1965 and 1979: before the advent of Thatcherism that has widely been held responsible for the Scottish Conservatives’ electoral woes. This analysis is conducted by examining the local press coverage of the region, as well as the national and regional records of the parties concerned. It therefore seeks to make a contribution to the wider study of post‐war British politics, by demonstrating the benefits of local and regional approaches in this period where they have been largely overlooked. This article demonstrates that even in the 1960s and 1970s, when politics seemed so nationally uniform, there is considerable diversity to be appreciated in different parts of the country.     

Original DocumentsCharter of Hugh of Bayeux to the Church and Canons of St. Mary of Torrington,temp. Henry II

The ‘Northern British Cooking-Pot’ stems from Saxo-Norman antecedents, and is found in two basic light-coloured fabrics, the ‘Gritty Northern’ and the ‘Staxton Ware Type’. From Yorkshire the type spread in the early thirteenth century west over the Pennines to Carlisle and thence to south-west Scotland. Present evidence suggests that while ‘Gritty Northern’ ware traditions may have spread to eastern Scotland by an overland route, there is reason to suppose there was close contact between the potteries of Fife and Angus and those of the Scarborough district in the late thirteenth century. While in Scotland there is a considerable hybridization of forms and fabrics, ‘Gritty Northern’ ware appears predominant north of the Forth, ‘Staxton Type’ ware to the south. In the fourteenth century distinctively Scottish local variants occur. French and Low Countries influences on early Scottish pottery are discussed, a tentative Scottish cooking-pot type-series put forward, and a gazetteer of sites producing rim-sherds given.     

‘The Best-Laid Schemes o’ Mice an’ Men’? Proposals,Planning, Defeat,and Legacy,of Devolution in the 1970s*

The question of whether devolved assemblies should be established for Scotland and Wales dominated considerable parliamentary time in the 1970s and became a key pillar of the Labour government's legislative agenda after the two 1974 general elections. The main building blocks of the government's devolution proposals for Scotland and Wales were in place from 1975 with the publication of the white paper, Our Changing Democracy, which outlined proposals for a primary lawmaking assembly for Scotland and a Scottish executive, operating under a ‘conferred powers model of devolution’. For Wales, the assembly was to be a body corporate (with no split between executive and assembly) exercising only executive functions and able only to pass secondary legislation. With some important modifications (including crucially the requirement for a referendum, which was then further amended to require a Yes tally equating to 40% of the electorates in both nations), these proposals were eventually incorporated into law as the Scotland and Wales Acts 1978. While the political debates surrounding devolution in this period are well known, less attention has been paid to the practical plans undertaken by the civil service for devolution to become a reality. Considerable time was spent drawing up, from an early stage, detailed preparations for devolution, particularly in Scotland. In Wales, planning was more tentative, yet, none the less, was taken seriously by the Welsh Office. These plans never materialised in the way envisaged, with neither Welsh nor Scottish devolution able to pass the referendum thresholds put in place. However, as this article also demonstrates, both the Scotland and Wales Acts had a constitutional legacy when devolution became reality under New Labour in the late 1990s.     

The Society of Antiquaries of Scotland and their Museum: Scotland’s National Collection and a National Discourse

Founded in 1780, the Society of Antiquaries of Scotland began immediately to form a museum that has survived remarkably intact within the National Museums of Scotland. Their initiative marked a significant point in the evolution of material culture studies between the “cabinet of curiosities” of the Renaissance and the large public museums of the nineteenth and twentieth centuries. An exploration of the Society’s work and ethos in its early years points to the emergence of a distinctive “Scottish History” of collections and a greater significance for the evidence of material culture than has been conventionally accorded it in conventional scholarly discourses.     

Between a Hard Rock and Shifting Sands: Churches and the Issue of Homosexuality in New Zealand, 1960–86

This article explores the attitude of New Zealand churches to homosexuality from the 1960s to the 1980s and their varied stances regarding homosexual law reform in 1985–86. In the early 1960s church and society were in lockstep in publicly supporting traditional sexual morality. Major and wider attitudinal change in the later 1960s and into the 1970s led to changing attitudes in relation to homosexuality. At this time churches in New Zealand were weakening in numbers and in influence. One response was to embrace societal causes; another was to react against societal change. Marked “liberal” and “conservative” polarization led to a collapse of the “theological middle.” New Zealand churches were divided over homosexual law reform in 1985. Conservative Christians looked to biblical texts while liberal Christians focused on wider issues in society. The conservative Christian defeat in the decrimialization struggle was a defeat on a broader front.     

"In need of care and attention" Local authorities and the implementation of the Scottish NHS Act, 1948–1960

Abstract

This article looks at the influence and reaction of Scottish local authorities in the implementation of the NHS (Scotland) Act, 1947. It examines the implementation of the Act through local authorities and the problems encountered in co-ordinating the NHS. Furthermore, it considers the problems encountered through the lack of clear dividing lines of responsibility between the three administrative areas of the NHS. It proposes that local authorities were seen as service providers within the NHS and were unable to assert any influence over the implementation of the NHS, apart from within their own health service sphere. The implementation of the Scottish NHS Act was full of inconsistencies and problems and was not as smooth as many historians would argue. The impact on patient care was the provision of an uneven service throughout Scotland.     

Buggery and Parliament, 1533–2017

Over nearly five centuries the UK parliament, and its earlier incarnations, frequently legislated to ensure the regulation and punishment of buggery, a form of sexual conduct once generally accepted to constitute one of the most serious criminal offences known to law. In the early 21st century, parliament abolished the offence of buggery and, subsequently, granted pardons to certain individuals previously convicted of it. While some aspects of the history of parliament's approach to buggery are well known – particularly in respect of homosexual law reform – much of this history remains obscure. This article provides an in‐depth consideration of the making of statute law in parliament relating to buggery that reveals the dramatically changing attitudes of legislators towards this aspect of sexual conduct and highlights the significance and importance of the pardons granted to those convicted of the offence.     

Creating Critical Mass of Research Excellence in the Region: The Case of Scottish Research Pooling Initiatives

This article examines the recent development of, and policy rationale for “research pooling” initiatives in Scotland. Research pooling initiatives have been started with financial support from the Scottish Funding Council in order to form inter-organizational “international critical mass” of research excellence at universities at the regional level. This article examines the development of university cooperations at the regional level as vehicles for obtaining “strategic resources”. Then the “multi-level governance” structure of research pooling is explored in light of the future development of a Scottish regional innovation system (RIS). Particular attention is drawn to challenges concerning knowledge transfer, which is critical in integrating research pooling initiatives in the development of RIS in Scotland.