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A NORTH UIST
REMOVING—MACLEAN OF HOSTA, 1780.
THE great bulk of
arbitrary removals of old were chiefly of small tenants, crofters,
and cottars. Sometimes a largish farmer was attacked, as in the case
of Mr John Maclean, of Hosta, now to be referred to. North Uist has
suffered perhaps more than any other part of the Hebrides, and it
speaks volumes for the good behaviour and industry of the people
that they to this day bear up so well under intolerable rule.
The name of Maclean
was once numerous and respected in Uist, as tenants under Lord
Macdonald and Clanranald. There is in the papers after given a
perfect romance in history. There was a great rise of rent, a fall
in kelp, a rush to America, all within the short space from 1769 to
1773. Then followed, some few years thereafter, a revival in kelp,
from the prohibition laws of the revolted Colonies. The legal steps
against Mr Maclean, involving the hurrying back of the packet boat
to Skye before he could write his agent at Inverness, and the undue
expedition in extracting the decree of removal pronounced in
absence, etc., may give a wrinkle even to the sharpest practitioner
of modern times. A letter from the minister of North Uist on the
subject is also given, showing the business talent) shrewdness, and
legal capacity of the island clergy of the last half of the
eighteenth century noted by all travellers. Readers will be glad to
know that the oppressive legal proceedings fell to the ground. Here
follow the papers:-
"My Lords, etc., your
servitor John Maclean, tacksman of Hosta, in North Uist. That
whereas I am charged to remove and threatened to he summarily
ejected furth of the said lands of Hosta with their pertinents,
etc., in virtue of a decree of removing, said to have been obtained
against me before the Sheriff-Substitute of Inverness-shire upon the
4th clay of April last past at the instance of Lord Macdonald,
proprietor of the said lands, most vrongously and unjustly.
Considering that the said decreet is not only in absence but also
improperly stolen out against me before I had an opportunity to
state my defences.
For your Lordships
will observe from the citation given me bearing date the 25th day of
March last past, that I was cited to appear at Inverness on the 4th
day of April thereafter, and from the charge given me on the decreet,
it appears to bear date on the same 4th day of April, and that the
decreet was extracted on the toth, being six days thereafter, altho'
the reclaiming days were not then expired, with the avowed intention
of cutting me short by giving me no opportunity to state my
defences; For the matter of fact is that the foresaid citation was
no sooner given me than the factor of North Uist hurryed away the
pacquet boat for the Isle of Sky before I had any time to write a
man of business at Inverness, and the consequence was that decreet
in absence vent out and was extracted in manner already mentioned
before my letters reached Inverness by the subsequent pacquet, so
that it was entirely owing to the advantage taken by the factor and
my great distance from the seat of justice that the proper
appearance was not made on my part, therefore I humbly apprehend
that no regard ought to be paid to the decreet in the present
question, as having been improperly obtained.
"2. In the year 1769
when Lord Macdonald made a general sett of his estate in Uist and
imposed considerable augmentations on his tenants, the farm of Hosta
was sett in tack for 19 years from Whit. 1771, to Hugh Macdonald and
John Maclean, the then possessors, at the yearly rent of L24
sterling ; but soon finding themselves unable to continue their
possession, they sold off their whole stock, abandoned their farm,
and emigrated to America, with many more of his Lordship's tenants
who were reduced to similar circumstances, at Whitsunday, 1773. In
this situation Mr Neil! Maclean, factor on the Island of Uist,
communicated the proceedings of the tenants to Lord Macdonald
requesting his lordship's directions how to proceed respecting the
vacant farms, and his lordship apprehensive that they would lye
waste oil hands, desired the factor to make the best he could with
respect to a sett of them till his lordship should come to the
country. The factor being thus instructed, he prevailed with me to
take the said farm of Hosta off his hands upon the same footing that
the former tacksmen held it, and as a further inducement put into my
hands the foresaid lease which the tenants had delivered up to him
before leaving the country, with an assurance that Lord Macdonald
would not only confirm the same to me when he came to Uist, for the
period yet to run thereof, but would probably make some abatement
from the rent. Induced by these fair promises, I entered into
possession of the farm of Hosta, and Lord Macdonald coming to the
country a few months thereafter, was made acquainted with the
factor's transaction respecting the deserted farms and mine in
particular, when he was pleased to signify to the factor in writing
his entire approbation of the measures which had been adopted to
find tenants to these farms, as will appear from his Lordship's
correspondence with the factor at the time on the subject. A short
time thereafter I waited of his Lordship, when contrary to my
expectations, he declined making any abatement from the rent, but at
same time assured me that the transaction with his factor approven
of by him, entitled me to possess the farm for the period yet to run
of the foresaid lease granted to Hugh Macdonald and John Maclean, in
the same manner as if they had assigned the lease to me with his
consent, adding that his word of honor in support of the factor's
agreement rendered me equally secure as if I had it under his hands
; and in terms of this agreement I continued peacefully in
possession and paid my rents as tacksman till the citation was given
me in the action of removing now under consideration ; but Lord
Macdonald finding of late the advantage of occupying by his own
servants all the kelp shores on his estate on account of the advance
in the price of that commodity since the importation of poll- ashes
was prohibited by the American Colonies, he it seems has been
persuaded to attempt taking advantage of my want of a written sett
or a formal assignation of the former tack, notwithstanding of the
agreements solemnly entered into with his factor and confirmed by
his Lordship in manner already stated ; but in this I am hopeful he
will be disappointed, and that your Lordships will see cause to
suspend the decreet for the following among other reasons, vizt.:—
1st, The decreet was
not only obtained against me in absence in manner already stated,
but the citation to the action of removing was also informal and
defective in so far as it did not contain a full double of the
lybell and made no mention of the Act of Sederunt authorising such
removings as required by your Lordship's decisions, and the practice
of all the Sheriff Courts; 2nd, from the state of facts already
given, I humbly apprehend that it is not now competent for Lord
Macdonald to deprive me of my possession before expiry of the
foresaid lease granted by him to Macdonald and Maclean. His Lordship
authorised his factor to sett the farm of Hosta in manner most
advisable till his arrival in the country, when he was pleased to
confirm the factor's proceedings in the transactions with me both in
writing and by his word of honor as above mentioned, and these
facts, if denied, I am hopeful to instruct not only from his
correspondence with the factor, but likewise by his Lordship and the
factor's oaths, so that I humbly hope this noble pursuer will be
found barred from betaking himself to the plea of locus
penitentia that might be competent to him in a mere verbal
lease, since the delivering the lease to me, my having entered into
and continued the possession and paid my rents in the terms thereof,
are circumstances forming such a rei inferventus as I humbly
hope will exclude any plea founded on my not having an assignation
to the foresaid lease reduced into writing. Herefore I beseech your
Lordships for suspension in the premisses upon caution in common
form according to justice.
(Signed) JAMES FRASER
(of Gortuleg)."
Edinburgh, 19th June, 1780."
The bill was
intimated to Mr Duncan Grant of Bught on behalf of Lord Macdonald,
on the 23rd of June, as follows :-
"Sir,—Your letter of
the 25th June enclosing a copy of a Bill of Suspension in favour of
John Maclean, tacksman of Hosta, was returned to me from North Uist
to this country, and I return you many thanks for your diligence and
assiduity in the cause entrusted to your management. It was a great
pity you was not properly supported to go on with it. I am sorry to
inform you that the written tack granted to Mr Maclean's
predecessors is not to be found. He was so stupid as, after Mr Neil
Maclean, the factor, had given it to him to return it to himself
again to keep as he had no proper keeping for it himself, and by
letter I received yesterday from Uist I am informed that after Mr
Neill Maclean had rumaged all his drawers for it he could not find
it; however, I shall cause another search to be made for it how soon
I go home. Enclosed is a letter from Mr Neil Maclean, the late
factor to John Maclean, Hosta, which I think is a good deal in his
favour; you have also a discharge for the rents of Hosta during Mr
Neill Maclean's intromission. If the tack cannot be found can Lord
Macdonald be obliged to give up the copy he has of it himself, or
will you advise us to treat with Lord Macdonald before a discovery
is made of the tacks being lost? I wrote you a letter by last post
inclosing some papers that I think make for John Maclean, and two
guinea notes which I hope have come safe to your hands. If nothing
better can be made of this process you'll endeavour to keep it alive
till we settle with Lord Macdonald.
"Any remittances
required shall be made you. Direct as formerly by Dunvegan as I go
to Uist in a few days.
"I always am, Sir,
your most obedient and humble servant.
(Signed) ALLAN
MACQUEEN."
"Isle of Skye, 25th July, 1780." |
