[1598/6/5]¹

Legislation: private act

Ratification of the contract of the Lewis

²Our sovereign lord, nobility and estates presently convened ratify, approve and confirm the contract and appointment made, ended, perfected and subscribed by his highness, with advice of his treasurer and comptroller on the one part and the gentlemen, venturers underwritten, on the other part, regarding his majesty's disposition and alienation of the Isle of the Lewis, Rona-Lewis, parts, pendicles and pertinents of the same in all and sundry heads, points, articles, clauses, conditions and circumstances thereof, and decree the same to have the full strength, force and effect of an act of this present convention, and ordain the same to be inserted and engrossed in this present act, whereof the tenor follows: At Holyroodhouse, 28 June the year of God 1598, it is appointed, agreed and finally decided between the right excellent, right high and mighty prince James VI, by the grace of God, king of Scots, with advice and consent of the estates of his highness's realm presently convened, and also with advice of his majesty's treasurer, comptroller, general collector and of the lords of his highness's council and exchequer upon that one part, and Patrick [Leslie], commendator of Lindores, James Learmonth of Balcolmie, Sir James Anstruther, fiar of that Ilk, master of the household to the queen's majesty, James Spence of Wormiston, Sir James Sandilands of Slamannan, knight, Captain William Murray, John Forret of Fingask, William [Stewart], commendator of Pittenweem, David Home, apparent heir of Wedderburn, Sir George Home of Wedderburn, knight, his father, administrator to him, and Ludovic [Stewart], duke of Lennox, earl of Darnley etc. upon that other part, in manner, form and effect as follows below: that is to say, forasmuch as the lands and isles of the Lewis and Rona-Lewis and Trotternish, with their parts, pendicles and pertinents, being a part of his majesty's property, his highness and his predecessors have ever been most solicitous and careful to reduce the possessors thereof to their majesty's obedience and to make the same commodious and profitable to his highness, his realm and lieges which has been the more difficult hitherto to be accomplished by reason of the evil disposition and barbarity of the people, inhabitants of the said lands and isles, from time to time, who have ever opposed themselves directly to suffer or permit any policy or civility to have any entry or place amongst them. And his majesty, considering and perfectly understanding that the said lands and isles are by special providence and blessing of God enriched with an incredible fertility of corns and store of fishings and other necessaries far surpassing the plenty of any part of the inland, and yet nonetheless the same are possessed by inhabitants who are void of any knowledge of God or his religion and naturally abhorring all kind of civility, who have given themselves over to all kind of barbarity and inhumanity, who utters daily the effects thereof, not only by their treasonable practices and attempts against his majesty, his estate and quietness of this realm, but by most odious abominable murders, fires and depredations made amongst themselves extended most unmercifully to all ages and sexes where they can find them, masters of their own revenge, occupying in the meantime and violently possessing his highness's proper lands without payment of mail or grassum. Therefore, and sparing no sort of insolence against his majesty's peaceable and quiet subjects repairing to those parts in their ordinary trade, living every way as though there were neither justice in God nor power in their natural prince to call them to account, and now the gentlemen above-named being most willing at the utmost of their power to advance and set forward the glory of God, the honour of their native country and his majesty's service, and herewith to augment the yearly rent and revenue of the crown, not only in the yearly duty undermentioned but also in the planting of kirks and other policy within the lands and isles foresaid, and augmenting of his majesty's customs upon their own great cost, charge and expenses beside and above the hazard of their own bodies and lives and the lives of others, their kin and friends, therefore his majesty, with advice and consent foresaid, by this act faithfully promises and obliges his highness and his successors to duly and sufficiently infeft and seize with all possible diligence after the date hereof the whole forenamed gentlemen equally amongst them and their male heirs in feu ferm heritably by his majesty's infeftment of feu ferm under the great seal, with all solemnities requisite, in all and sundry the foresaid lands and isles of the Lewis, Rona-Lewis and Ilandschand, castles, towers, fortalices, mills, woods, fishings, salmon fishings and other fishings thereof, parts, pendicles, annexes, connexes, dependancies of the same, with all and sundry mines of whatsoever metals, minerals and materials within the whole bounds of the said lands and isles, and also with advocation and donation of kirks, benefices and right of patronage thereof, with all profits, privileges, casualties and duties of the same and all their pertinents, and also in all and whole the eighty merk land of Trotternish lying within Skye, with castles, towers, fortalices, mills, woods, fishings, salmon fishings and other fishings thereof, parts, pendicles, annexes, connexes, dependancies of the same, with all and sundry mines of whatsoever metals, minerals and materials within the whole bounds thereof, advocation and donation of kirks and benefices and right of patronage thereof, with all profits, privileges, casualties and duties of the same and all their pertinents, to be held of his majesty and successors in feu ferm and heritage for the yearly payment to his highness and their said successors, their comptrollers, chamberlains and factors present and that shall happen to be for the time for the said lands and isles of Lewis, Rona-Lewis and Ilandschand, with their pertinents, of 140 chalders of barley rinand met³ to be delivered yearly at any part or most commodious port within the Lewis of the met and measure of the common stand of Edinburgh between the feasts of Yule and Easter; and for the foresaid lands of Trotternish, with the pertinents, the sum of 400 merks usual money of this realm at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter by equal portions in name of feu ferm; beginning the first year's payment of the said victual between the said Yule and Easter in the year of God 1600, and likewise the payment of the said yearly duty of 400 merks at the feast of Whitsunday [11 May] the year of God 1600. And also the male heirs of each one of the said gentlemen, adventurers, paying at their entry to the isles of Lewis and Rona-Lewis, with their pertinents foresaid, the sum of £20 for each chalder of 14 chalders of barley, for which quantity every one of the said adventurers is specially bound and obliged to, and that for the doubling of their feu ferm only; and likewise paying at their entry to the said lands of Trotternish their part of the doubling of the whole silver duty indebted yearly for the said lands in name of double as said is. Providing always that if it shall happen at any time hereafter the foresaid lands and others above-specified, with their pertinents, to be evicted by order of law from the forenamed gentlemen, their male heirs foresaid or successors, or if it shall happen them or their said male heirs or successors to be dispossessed thereof by violent force or oppression, then and in the said cases, or either of them, the said gentlemen, their male heirs and successors shall be free of all payment of the foresaid yearly feu ferm and in no way subject in payment of the same nor of no part thereof from thenceforth, which infeftment foresaid shall specially bear and contain full and free liberty and privilege to the forenamed gentlemen, their male heirs and successors of free barons with soke, sack, toll, theame, vert, wrack, wair, venison, infangthief, outfangthief, pit and gallows, with all other privileges and immunities of a free baron. And likewise the said infeftment shall specially contain a full power, privilege and liberty in most ample and due form to the forenamed gentlemen and each one of them, their male heirs and successors to erect, make and constitute as many burghs of barony within the foresaid lands and isles as they shall think expedient from time to time. And also with special and full power to the said gentlemen, their male heirs and successors to make, elect, constitute and create bailies, officers, serjeants and whatsoever other officers needful within the said burghs for ruling and government thereof, bailies, officers, serjeants and others foresaid to elect, choose, input and output as they shall think expedient. With power likewise to the inhabitants of the said burghs to pack and peel, and within the same burghs to buy and sell wine, wax, cloth, linen and woollen broad and narrow and all other kind of merchandise and staple goods, and to hold, admit and receive within the same burghs bakers, brewers, butchers, fishermen, tailors, shoemakers, weavers, fullers, wrights, smiths and all other craftsmen necessary pertaining and belonging to the liberty of a free burgh of barony. And also to build and hold within the same burghs tolbooths, market crosses and weekly markets at their pleasure, with free fairs and privilege thereof, and to gather, uplift and apply the customs of the same to their own uses, and to depute officers for keeping of good rule therein. And also with power to the said gentlemen, their male heirs and successors to receive the resignations of all and sundry lands, tenements, annualrents within the said burghs and to give and convey the same to whatsoever person or persons with all infeftments, charters, precepts, sasines and others necessary, burgh courts within the said burghs and freedom thereof to set, affix, begin, affirm, hold and continue as often as need be, and to create clerks, serjeants, dempsters and all other officers and members of court needful, transgressors to punish according to the laws of this realm, penalties, amercements and escheats of the said courts to lift, uptake and the same to their own uses to apply, and, if need be, to poind and distrenzie thereof; and generally all and sundry other things needful and expedient for the premises to do, exercise and use. And likewise the said infeftment shall specially contain a full power, privilege and liberty in most ample and due form to the forenamed gentlemen, their male heirs and successors to erect, make and constitute as many sea ports and harbours within the bounds of the foresaid lands and isles as they shall think expedient for receiving of ships, crayers, boats and other vessels, and to use the same as free ports and harbours perpetually in all time coming; and with power to the said gentlemen, their male heirs and successors to intromit with, uplift and receive all harbour dues, customs, anchorages and other duties and casualties of the said ports and harbours as freely as any other free ports and harbours within this realm, and the same to their own uses to apply. Reserving always to his majesty the great customs of all goods, as well as imported as carried out of the said isles and lands above-written likewise as his highness has within any part of this realm, and of all fishings and other goods which shall be acquired by the said gentlemen, adventurers, within the said bounds, which custom shall be taken off the said goods according to the particular A. B. C. set down regarding the said customs by the lords auditors of his highness's exchequer. And further, his majesty, being most careful that the forenamed gentlemen, their male heirs and successors and other inhabitants of the foresaid lands and isles for the time shall in no way be destitute of the comfort of spiritual pastors for preaching to them of the word of God and administration of the sacraments in all time coming, his highness, by the said infeftment, shall specially erect four sundry parish kirks within the foresaid lands and isles of the Lewis and Rona-Lewis and two sundry parish kirks within the foresaid lands of Trotternish, with a rectory, parsonage and vicarage at each one of the said kirks, and shall give and convey, likewise his majesty, with advice foresaid, by this act gives and conveys to the forenamed gentlemen equally amongst them and their male heirs foresaid the full right and heritable patronage of the said parish kirks, parsonages and vicarages thereof perpetually in all time coming. And his highness, with advice and consent foresaid, has dissolved and suppressed and by the tenor hereof for his majesty and his successors dissolves and suppresses the foresaid parish kirks, parsonages and vicarages thereof with all lands, teinds, fruits and rents whatsoever pertaining and belonging thereto from the bishopric of the Isles and benefice thereof and from all and whatsoever other benefices to which the teinds great or small of the foresaid lands and isles were in any way annexed of before; and wills, grants, decrees and ordains for his highness and his successors that the said kirks within the foresaid lands and isles, nor the teinds thereof, great or small, or other lands, fruits or rents of the same, shall be no part nor portion of the patrimony of the said bishopric of the Isles nor of no other benefices to which they were annexed of before in any time coming. And moreover, his majesty, with advice and consent foresaid, promises and obliges his highness and his successors to erect and constitute by an express condition to be contained in the foresaid infeftment an office of stewartry, justiciary and commissariat of the whole bounds of the forenamed lands and isles, with all their pertinents, with a special, ample and full commission, power and privilege for administration of justice in the said offices, using and exercising of the same within the whole bounds foresaid, with all privileges and immunities belonging thereto, likewise and as freely in all respects as any other stewart, justice or commissary has done or may do within this realm. And the said gentlemen, their male heirs or successors foresaid, or the most part of them, shall have full right, power to nominate and present to his majesty and his successors a qualified person who shall use and exercise the whole foresaid offices of stewartry, justiciary and commissariat during his lifetime; and his majesty, for his highness and his successors, promised to receive and admit the said person to be presented in manner foresaid and no others to the same offices during his lifetime in due and competent form as appropriate in all time coming. And the forenamed gentlemen binds and obliges them, their heirs and successors to give to the said person who shall be presented by them from time to time to the said offices and admitted thereto by his majesty and his successors in manner above-specified a sufficient and reasonable seal for using and exercising of the said offices, and to the effect the said offices may be made sure and free to the said gentlemen, their male heirs and successors and to the person to be nominated and presented by them for using and exercising thereof within the whole bounds foresaid in all time coming, his majesty promised and obliges his highness and his successors to cause George [Gordon], earl of Huntly, lord Gordon and Badenoch etc., heritable sheriff of the said sheriffdom of Inverness, his heirs and successors and all others having interest, to freely renounce, discharge and give over all right, title and interest which they have or may pretend to the office of sheriffship, justiciary or commissariat within the bounds of the forenamed lands and isles or any part thereof, with all jurisdiction and privilege of the same in all time coming in as ample form as the said gentlemen and their male heirs foresaid shall devise for their security. And likewise, forasmuch as his majesty, considering and perfectly understanding that the forenamed gentlemen, their heirs and successors are nor will not be able to maintain and defend their possession of the forenamed lands and isles without a continual residence therein, and if it shall happen them to be transported or drawn out of the bounds thereof in any time coming upon his majesty's and his successors' proclamations for foreign or internal raids or wars, the same lands and isles will be in peril and hazard of incursion of the highland and broken men, therefore his majesty, with advice foresaid, for remedy thereof, has liberated and by the tenor of the foresaid infeftment shall specially liberate the forenamed gentlemen and also the whole inhabitants of the same lands and isles, with their pertinents, during the lifetimes of the above-named gentlemen, venturers, from all hosts, raids and wars internal to be made by his majesty or his successors, their lieutenants or wardens by sea or land in any time coming, except only if it shall happen his majesty or his successors to have wars with foreign nations or to make expedition to the rest of the isles for conquering of the same, that then the forenamed gentlemen, feuars and immediate tenants to his highness with their household men shall be only held and astricted to accompany his majesty and his successors in proper person to the said foreign wars and expedition to the isles and in no other way; and the said gentlemen, venturers, their male heirs above-written shall no time hereafter by the exceptions above-excepted be further bound to come to any host or raid to accompany his majesty or his highness's lieutenants unless the same commission be executed north of the water of Ness, in which case they shall be ready to obey his highness's proclamations likewise as any other subjects within this realm. And also his highness, with advice foresaid, has liberated and by the said infeftment shall specially liberate the forenamed gentlemen, their heirs and successors with the whole inhabitants of the foresaid lands and isles for the time from all payment of any taxations, extents, subsidies or other impositions, imposed or to be imposed upon the realm for the time for whatsoever cause or occasion in any times coming, except only that the said gentlemen and their male heirs foresaid shall be only held and astricted to pay in each tax that shall happen to be imposed for their parts accounting the whole lands of the Lewis to a forty pound land and accounting the said lands of Trotternish to an eighty merk land so long as they shall happen to possess the same lands and isles in property in time coming, and the same in no way to be evicted nor recovered from them by order of law, nor they nor none of them nor their male heirs foresaid to be dispossessed thereof by violent force or oppression as said is nor no other way. In addition it is specially agreed and convened upon between his majesty, with advice and consent foresaid, and the forenamed gentlemen by express condition of this present contract, likewise the said gentlemen by the tenor hereof binds and obliges them faithfully, their male heirs foresaid and successors that at what time and whensoever it shall happen them to be duly and sufficiently infeft and seised in the foresaid lands and isles of the Lewis and Rona-Lewis, Ilandschand, parts, pendicles and pertinents of the same, either by lawful resignation of the just and lawful proprietors thereof or by lawful recognition, and that thereby the right thereof be lawfully established in the persons of the said gentlemen and their male heirs foresaid, that they shall immediately thereafter make resignation and renunciation of all and whole the foresaid eighty merk land of Trotternish, with their pertinents, in the hands of his majesty and his successors, there to remain; providing always that at the time of the said resignation and renunciation of all and whole the foresaid eighty merk land of Trotternish, with the pertinents, his majesty and his successors duly and sufficiently infeft and seize again of new the forenamed gentlemen equally amongst them and their male heirs foresaid in all and whole the same lands of Trotternish with their parts, pendicles and pertinents; and that in special clause of warrandice and security of the foresaid lands and isles of the Lewis and Rona-Lewis, with their whole parts, pendicles and pertinents in due and competent form as appropriate. And otherwise the said forenamed gentlemen, their male heirs nor successors in no way to be held nor obliged to make the said resignation nor renunciation of the said lands of Trotternish in his majesty's or his successors' hands, there to remain, nor otherwise unless they be infeft of new therein in warrandice as said is in manner and form above-expressed. And finally his majesty promised and obliges his highness and his successors to reiterate and renew this present contract and appointment, with the whole infeftments, rights and other securities particularly above-mentioned appointed to follow thereupon, to the said gentlemen, their male heirs and successors in as ample form as they shall devise for their security as often and so often as they shall desire the same. As also his majesty promised in the first word to cause this present contract and appointment, with the whole infeftments and securities above-mentioned appointed to follow thereupon, be duly ratified and approved in his highness's next parliament by the three estates thereof with all solemnities requisite, and to remove lawfully by acts and statutes of parliament all impediments that may hurt or make impediment or derogation to the said contract, infeftments and securities above-mentioned contained therein until the forenamed gentlemen, their male heirs or successors find themselves sure. And for the more security, both the said parties are content and consents that this present contract and appointment be inserted and registered in the books of council and session, and discerned to have the strength of an act and decreet of the lords thereof, to remain therein for perpetual memory. And for acting and registering hereof, they by this act make and constitute [...]⁴ their undoubted and irrevocable procurators jointly and severally promising concerning [their] approval. In witness of the which thing (written in the writing booth of Daniel Hay, writer to his majesty's privy seal by Robert Rawson, his servant), all the said parties have subscribed this present contract and appointment with their hands day, year and place above-specified before these witnesses, Master David Home, brother-german to Sir George Home of Wedderburn, knight, Master Alexander Hay, one of the clerks of session, Robert Skene and Patrick Innes, servants to Master John Skene [of Curriehill], clerk register, with diverse others. It is thus subscribed, James Rex, Lennox, Lindores, Pittenweem, S. J. Anstruther, J. Balcolmie, J. Sandilands J. Spence of Wormiston, W. Murray, George Home, administrator to my son David, John Forret of Fingask, Blantyre, George Home, comptroller, [Alexander Seton, lord] Fyvie, W. Elphinstone, J[ohn] Cockburn [of Ormiston], W[illiam] Bruce, clerk register, M[aster] T[homas] Hamilton [of Drumcairnie], S[ir] Robert Melville [of Murdocairnie], John Preston, D. Home, witness, Robert Skene, witness, Patrick Innes, witness, Master Alexander Hay, witness.