THE GIGHA FISHERY IN THE EARLY EIGHTEENTH CENTURY
The following Partnership Contract Was entered
into in 1718 with a view to exploiting the rich fisheries on the West Coast.
The partners with local connections are Daniel McNeill, second son of Neil
McNeill of Taynish, who resided at Ardminish, Gigha and (later co-opted),
Neil McNeill of Ardelay Gigha, both of whom later are among the leaders of
the 1739 migration to North Carolina. Neil Campbell, Minister at Renfrew,
later became Principal of Glasgow University. The Contract is in the Scottish
Record Office under reference AC9/1185/27 and as the basis of litigation
between the partners Lyon and Main. Their firm in Port Glasgow traded in
tobacco to Virginia and in salt herring to Barbadoes, Cadiz etc. We are grateful
to Mr. George Stevenson of the North Carolina Archives Department for drawing
our attention to this early document relating to the fishing industry.
It is contracted articled aggried and finallie endit among thes parties
following to witt John Pitcairn of Blarthomock Archibald Campbell of Knockbowie
John Lyon merchand in Port Glasgow David Main maltman in Glasgow John Baxter
merchand there John Campbell brother german to Mr. Neill Campbell minister
of the Gospell att Renfrew Daniel McNeill sone to [
] McNeill off Taineish that is to say the saids parties have all
of them aggried to be and become parrtneris in the trade of catching curing
and dressing of cod fish and all maner of feasable fish in the seas and wateris
in and about the Highland Islands of Scotland and in buying the same from
fisheris and in selling the same at home or in forraigne mercattis and in
all profetts and losses that may aryse or fall out therby And for that end
they obleidge them to pay ther equall and proportionall partis, of what money
whall be necessary for catching packing and curing the saidis fishes or
purchasing of fish salt and for hyring of ships or boats to cary the fishes
when cured to mercattis at home or abroad and for defraying of mens wages
and all other necessaries in or concerning the said fishing trade and the
bussines of selling the same which money so to be advanced is to be payed
in as the majority of the said company shall direct and the issues and profetts
of the said fishing shall be divyded equally amongst the saids partis of
all losses to be sustained thereanent and obleidge them to pay to one another
or to the creditors of the said company ther [ ] equall
partis of any debts that shall be contracted for and on account of the company
ther being allwayes a previous order of the majority of the said partneris
for contracting of the said debts And if after fishes are cured any of the
partners be unwilling to risk his part therof to a forraigne mercatt or to
advance the dewties or other charges that may be necessary in that respect
in that case it is provyded that such partner or partners may quit and overgive
his part of such cargo outward to the other partners for such pryce as shall
be sett on the same by the partners willing to transport the cargo of fishes
to parts beyond seas and the said fishes shall not be sold by the saids partners
to any other than the company without the speciall advyce & consent had
therto And further the saids persones doe all of them oblige themselfes to
another not to be concerned in any other fishing trade or company for catching
and curing of the said fish nor yet themselfes to catch or cure such fish
or sell such fish but that during the space of this copairtnery all the said
fishes catched or cured by them or by any of them shall belong to the said
company and the profeit therupon shall be divyded for the use & behove
of the wholl And it is lykwayes provyded that the company or majoritie of
them shall appoint any of ther own number or any other person they
shall think fitt to be overseer for the said fishing for manadging therof
who shall act by consent of and take his directiones in all thinges needfull
from the pairtners or majority of them and that the saids pairtners shall
allow a sutable salary or wages besyd his expenses And he shall have power
to imploy and put to work saltners and coupars and other servants needfull
for curing of the said fish and to fraught ships or boats for catching curing
and transporting the saids fishes to mercattis and to doe every thing usuali
and necessary for a manager in such cases which overseer whall be obliged
(as he does hereby oblige him in case he be a pairtner and appointed overseer)
to make up his accompts of his actings doeings and dealings in relation to
and with the effects of the said company and with the issues and profeits
of the fishes sold and all other maters and thinges in relation to the said
copairtnery and to bring the same to a ballance and to lay the said accompt
signed by him with the vouchers therof before the copairtners att Glasgow
or any other place they or majority of them shall appoint yeirlie upon the
term of Candlemas yeirlie and to hold them compt and to make payment of the
ballance may appear to be due by him upon the foot of such accoapt without
prejudice nevertheless to the pairtners to quarrell and repudiat the articles
of such accempt as they shall see caus and in case to the satisfaction of
all pairties or majority of them (whose approbation & fitting of the
said accompts shall be final and determine the whol (pairtners) it be found
by the foot of the said accempt that a ballance is owing to such manager
then the pairtners ar to pay the said ballance to him the said overseer in
case he be a pairtner aliways deducing his own proportional pairt of such
ballance and the said manager is to keep exact and regular bookes of his
management and to make them and his vouchers patent to the pairtners as they
require the same And the said pairtners doe heirby obleidge them within ane
moneth after notice given personally (or at ther dwelling places) of ann
act of the majority of the company to advance what shall be requyred for
the ends and uses of the said copairtnery with this [
] that such a pairtner or pairtners as shall faill to make payment
of ther rateable pairt of the money so demanded shall therby be ipso facto
outed of the company And it shall be in the power of the other pairtners
to make ane estimat of his share in the stock and profeit (debts deduced)
and to pay out the same to him or his heirs and in case of refusall to accept
therof to detain it without interest in their hands till it be called for
And they shall have liberty to deduce therfrom a sevent pairt of such pairtners
dividend for recompense to the company of ther damage and losses on accompt
of such pairtner his retarding ther trade by not due payment And it is heirby
provyded that it shall not be in the power of any pairtner to assign his
pairt of the society without consent of the rest And if he doe otherwayes
he shall be ipso facto outed and the assigner is become voyd And if the effects
of the society be arrested or incumbered by any creditor for ane account
of the particular debt owing by any pairtner and that at the same tyme he
be debitor to the company the said pairtners do heirby allow the said company
retention or compensation against such pairtner or his creditors out of his
stock in the company and in case of the doers of any of the saids pairtners
his heirs femall shall have no right to be a pairtner hot only his heirs
male And when it shall please the saids pairtners to dissolve ther said society
(which shall not be done without the consent of the majority of them or ther
pairtners) to be assumed the person who is manager for the tyme and the said
pairtners oblige them to meet and draw up a full state of the affairs of
the company and of the wholl stock debts profit and loss and to bring the
same to a ballance and to divide the wholl and to hold compt & reckoning
to one another for that effect according as they shall be found to have
intrometted with the effects of the company And to free on another and
bear equall share of debts contracted by the company and of all
losses theranent And that within thrie moneths after the majority have aggried
to the said dissolution and that the sam is intimat to the pairtners under
form of instrument And lastly it is heirby declared that such persones being
natives of the kingdom may be assumed by the said pairtners or majoritie
of them to be copairtner in the said fisherie at any tyme they shall think
fitt The said persones so to be assumed being allwayes lyable and subject
to the rules of this contract of copairtnery and all pairties oblige them
to perform the premiss to other under the penalty of two hundred pund Scotts
money forsaid att one performance And both pairties ar content and consents
that ther presents be insert and registrat in the books of Counsell and Session
& Shireff Court Books of Lanerk or in any othir competent That letters
and [ ] of horning in six dayes and uthir
needfull may pass heirupon inform as effers And therto constitutes
In witnes quharof these presents consisting of
this and the thrie preceiding pages all written on stampt paper be John Smyth
wryter in Glasgow att the dictament of Hugh Craufurd wryter ther ar subscribed
att day yeir & place [ ] foursaids Befor
these witnesses
William Baxter witnes to the wholl subcrepshons [ ] as Hough Crafourt scries Hugh Crawfurd witness to the haul pairtnery except Archibald Campbell and Daniell McNeill James Boyd late Bailie of Renfrew and Ranald Campbell sone to Patrick Campbell of Kilduskland are witnesses to Daniell McNeils subscriptions James Boyd witness Ranald Campbell witness
[all pages signed] John Pitcairn Jo: Lyon Da: Maine John Baxter Jo Campbell Dan McNeill
I Neill McNeill of Ardelay haveing (with the consent of John Campbell
as manager for himselfe and pairtners as tbey are designed in the first page)
red and considered the whole articles tenor and contents of the contract
of copairtnery above and upon the two forgoeing pages written and being fully
satisfied therof do heirby bind and obleidge me and my airs to be bound as
a member of this society and to observe and fulfill the said contract in
all pairts as one the pairtnery In witness quharof I have written and subscribed
this presents at Gia the ffourth day of Aprill jmvii and xviii years befor
this witnesses John and Donald McBretnich both in Drumyeonmoire
John McVretiney witness Donald MrVretny witness Ne: McMeill
No 26 Autumn 1989
Page 2: The Campbeltown Canal // Kintyre's Age of the Train
Page 3: An Eighteenth Century Library
Page 4: Trout Introductions into Kintyre in the Late Nineteenth Century
Page 5: John Smith D.D. // Dr. Norman Macleod
Page 6: C.B.A. Scotland Summer School 1985
Page 7: The Rev. B.B. Blackwood // Some Former Campbeltown Industries // Nostalgia // Contra Account
Page 8: By Hill and Shore - from Mr. Angus Martin
Page 9: Campbeltown
Nicknames // From a Wee Toonsman Down Under // A Recent Find //
Emigrants to America
on the Diana // Coincidences // One Hundred and Eleven Years Ago