66547: Deposition of Duncan Macinnes (Lewis/Harris boundary dispute) 1805

Duncan Macinnes’ testimony at the first hearing of the Lewis/Harris boundary dispute

Witness 14

Sept.24 1805

Duncan McInnes, tenant at Kirkibost of Lewis depones, That he is eighty years of age and that he is a married man: That he has for these last sixty-eight years lived in the farm of Kirkibost: That he does not remember how long he has held lands from the family of Seaforth, but that he has done so since the death of his father. Being interrogated, If he knows the march betwixt Lewis and Harris? Depones, That he knows the march kept by himself. Being interrogated, What these marches are? Depones, That the march begins at the mouth of the water of Veckadale, where it discharges itself into Loch Seaforth, proceeds up the water of Veckdale through Lochrory to Tomruish, from thence by Gilarighaulay to Braidhanfhiaclachan. Depones, That he is not aquainted with the line of march further. Being interrogated, If he ever occupied any sheallings near that line of march? Depones, That he has occupied Arighhedderscuir. Depones, That he never was disturbed in his possession but one year, when Finlay Macleod pulled a divot from the shealling. Depones, That he occupied that shealling for two seasons only, and that for summers 1802 and 1803. Depones, That his father never occupied that shealling since he remembers. Being interrogated, If any of the Kirkibost tenants except himself occupied that shealling? depones, That Murdo McMillan preceded him in that shealling a year or two before him. Depones, That John McAulay occupied that shealling jointly with Murdo McMillan. Being interrogated, If it consists with his knowledge that these people were disturbed in their shealling by the Harris people? depones, That they were the same way disturbed as he was himself. Depones, That he recollects none else who shealled there. Depones, That the shealling of Arighbruochvriden was occupied by Neil M’Dhoil ie Innis tenant at Kirkibost, for a number of years, and by Angus McAulay tenant there, but the deponent does not know how long they occupied that shealling. Depones, That he does not recollect what time has elapsed since they quitted these sheallings, but that they began to erect sheallings there so early as the death of William Earl of Seaforth. Depones, That the Harris people molested these people by pulling off a divot from each of their sheallings as done to himself; and that this was done to them the last and each year they occupied these sheallings, since the time of Colin Derg McKenzie chamberlain of Lewis, but he never heard of their being disturbed before Colin Derg’s death. Depones, That he cannot condescend on the times at which either William Earl of Seaforth or Colin Derg died. Being interrogated, If on the occasions of the Harris people breaking their sheallings, they desired the Lewis people to remove themselves and their cattle? Depones, That they considered the ceremony as a summons to that effect, but that there was no order or mention made of the cattle separately; but that, notwithstanding the breaking of the sheallings, they never removed themselves nor their cattle until they found it convenient. Being interrogated, If he knows or heard that any other shealling or sheallings were occupied by the Lewis people near the line of march specified by him? depones, he never saw any of the Lewis people have sheallings there, but he has heard that Aulay MacAulay, the year that he was turned out of his lands at Kirkibost, did occupy Airigh Uliscuir. Being interrogated, Whether he had heard, by tradition, that John McLennan, tacksman of Kirkibost, the great-grandfather of the deponent, had a daughter named Mary married to a John Campbell then tacksman of Scalpa, and who, from her said father, got the shealling of Arigh Uliscuir for a halfpenny a year? Depones, That he has heard so both from his father and mother since he remembers; and that they also told him, that the halfpenny was regularly paid at the shealling, and if it was not paid at the shealling, it was sent for to Scalpa. Depones, That he knows not how long the family of Scalpa held it by that tenure. Depones, That it is his opinion, and the opinion of many others, that the foregoing circumstance gave rise to the occupancy of the shealling of Arigh Uliscuir by the tacksman of Scalpa, and to the disturbances that have taken place since then. Depones, That he knows that Scalpa has occupied that shealling. Being interrogated, If ever he recollects of a party of twenty men being sent from Lewis to break down that shealling about forty years ago? Depones, That he was present with seven others at Arigh Uluscuir when Scalpa’s shealling was pulled down by them, and that this happened about thirty years ago, or a few years more. Depones, That it was once more broke down by the people of Lewis when occupied by John M’Jan ie Iver (sic) at Ardvoorlich. Depones, That on these occasions the shealling was broke down and demolished by the strong order of the chamberlain of Lewis. Depones, That the timber of the sheallings was broke into small pieces, and the wood thrown across the water of Veckadale. Depones, That the reason they had for proceeding to these violent measures was, that the Harris people inhabiting the sheallings had paid no regard to the ceremony of taking the divot formerly observed by the Lewis party, but no person inhabited the shealling when they last broke it down. Being interrogated, Whether the Lewis people drove off the cattle when they broke the sheallings? Depones, they did not on the occasion of throwing off the divot: That they had got orders to drive them off when they demolished the sheallings, but there were no cattle there. Being interrogated, If he or any of the other tenants of Kirkibost sent their cattle to graze in Glenveckadale? depones, that as they had their sheallings and milk cattle on the other side of Lieud, they sent their yield cattle to the Glenveckadale side of Lieud. Depones, That they were never disturbed by the Harris people, in so far as he knows, while grazing there. Being interrogated, If he or any of the rest of the Kirkibost tenants sent their cattle, horses, or sheep to Glenlangadale to graze? Depones, That they never did, but straying there of their own accord, they pastured there among the Harris cattle; but that the Kirkibost cows never went to Glenlangadale: That the Harris people never disturbed their horses or sheep.