[1597/11/40]¹

The inhabitantis of the iles and helandis suld schaw thair haldingis

Oure soverane lord, with avise of the estaitis of this present parliament, considdering that the inhabitantis of the hielandis² iles of this realme, quhilkis are for the maist pairt of his hienes annext propertie, hes not onlie frustrat his majestie of the yeirlie payment off his proper rentis and dew service properlie addettit be thame to his majestie furthe of the saidis landis, bot that they have lykwayis throche thair barbarus³humanitie maid and presentlie makis the saidis hielandis and iles, quhilkis are maist commodious in thame selves, alsweill be the ferteillitie of the ground as be riche fischeingis be sey, altogidder unproffitabill baithe to thame selffis and to all uthuris his hienes liegis within this realme, thay nathair intertening onie civill or honest societie amangis thame selffis, neyther yit admittit utheris his hienesse lieges to trafficque within thair boundis withe saiftie of thair lives and gudes. For remeid quhairof, and that the saidis inhabitants of the saidis hilenedis and iles may the better be reduced to ane godlie, honest and civill maner of living, it is statute and ordanit that all landislordis, chiftennis and leaderis and⁴ clannis, principall houses and houshalderis, heritouris and uthairis possessouris or pretendand richt to onie landis within the saidis hielandis and iles sal betuix this and the xv day of Maii nixtocum compeir befoir the lordis of his hienes cheker at Edinburgh, or quhair it salhappin thame to sit for the tyme, and thair bring and produce with thame all thair infeftmentis, richtis and titillis quhatsumevir quhairby thai clame richt and titill to onie pairt of the landis or fischeingis within the boundis foirsaidis, and then find sufficient cautioun actit in the bukis of cheker for yeirlie and thankfull payment to his majesties of his rentis, yeirlie deutie and service addettit be thame furthe of the landis possest and occupeit be thame or onie in thair names; and that thai thame selffis, men, tennentis, servandis and dependaris salbe answerabill to his hienes lawis and justiceis, and that thai nor nane of thame sall do injurie to onie uthairis his hienes liegis in thair personis or gudis quha salhappin to repair and travell within the saidis boundis for thair lauchfull trafict within the samyn; and that thai and everie ane of thame sall mak redresse to all pairteis skaithles⁵ and hurt or to be skaithles⁶ and hurt be thame in tyme cuming under sick panis as⁷ sall pleis the saidis lordis of cheker to modefie by reparatioun of the skaithe to the pairteis that sustenit the samyn. With certificatioun to thame and ilkane of thame gif thai failyie in the premises or to compeir and find cautioun in maner and within the space foirsaid, that thai and everie ane of thame quha failyeis salbe decernit, lik as be this present act thai ar decernit to forfalt, amit and tyne all pretendit infeftmentis and uthair richt and titill thai haif or may pretend to have to onie landis quhatsumevir thai haif haldin or pretendis to hald of his majestie athair in propertie or superioritie, quhilk thair pretendit infeftmentis and titillis thairof in cais of failyie foirsaid ar now as then and then as now declarit be this present parliament to be null and of nane availl, force nor effect in thame selffis, and that the nullitie thairof salbe ressaved and admittit in all judgementis be way of exceptioun⁸ reply, but onie proces, actioun or declaratioun⁹ of reductioun to be gevin thairupoun.