Old WALKER papers – Lease of Hiddlefaulds farm – 1813

This is one in a series of blog post about some old papers of the WALKER family, from Kirkliston, West Lothian, Scotland. Please see a list of these papers HERE.

This document is a lease agreement (or “Tack”) made in 1813 between the Earl of Hopetoun, James Hope Johnstone (landlord), and myIMG_7620-ed paternal ancestor, James Walker (tenant).

James Walker was born in Kirkliston, in August 1731 – so would be about 82 years old at the time that this lease was agreed. So it is likely that his son, John Walker (b. Jan. 1772) was running most of the day-to-day work on the farm by this time!

For an earlier (and much simpler) lease of Hiddlefaulds, agreed with James Walker in 1775, see HERE.

James Walker, and his wife, Janet Flint, both died in 1817 and are buried in Kirkliston churchyard. Their son, John Walker, is recorded in the Kirkliston parish registers as having “irregularly” married Isabel Neil, in May 1816, with their first daughter being born in August of that year!

At some point (it appears during John Walker’s time) the family also took on the tenancy of the neighbouring farm at Kilpunt.

Due to the nature/condition/size of this document, I have photographed, rather than scanned, most of the pages.

Please click on the images to see the scans at full resolution. Transcribed text appears in a Maroon colour below each scanned image. At the bottom I’ve made some notes about the document.

Cover; Lease-of-Hiddlefaulds-1813_cover_300dpiTranscription of cover;

Tack
The Earl of Hopetoun
to
James Walker
Of the farm of Hiddlefaulds
for Nineteen years from
Martinmas 1813
————
[Comp #]

Page 1; IMG_3252

Transcription of page 1;

It is Contracted and Agreed Between the Right Hon-#
-orable James Hope Johnstone Earl of Hopetoun Heritable Proprietor #
of the Lands and other aftermentioned upon the One part And James #
Walker Tenant in Hiddlefaulds upon the other part in manner #
following That is the said Earl hereby Lets and in Consideration of the #
Tack Duty and other [prastations] aftermentioned and under the conditions #
after specified Let to the said James Walker and his heirs of line and if #
only daughters to the Eldest without division without prejudice to the #
said James Walker and his heirs to settle the said lease upon any of his #
or their children and under such burdens as they may think proper #
Including all Assignees legal and conventional direct or indirect and #
also Including all subtenants without a special written permission #
from the said Earl or his Heirs and successors But Declaring as it is #
hereby expressly Provided and Declared that any Assignation Conveyance #
or sublease contary to the foresaid stipulation shall be void and null #
and of no force or effect And that immediately upon any such Assignation #
Conveyance or sublease of this Lease contary thereto being granted by the #
said James Walker of his foresaids or anywise attempted to be so #
granted by then it shall be lawful to and in the power of the said #
Earl and his foresaids to enter into possession of the farm with the #
whole Houses and pertinents hereby let And that the Lease hereby granted #
shall from henceforth cease and determine and become void and null #
without any declarator or other process of law in the same manner as #
if it had never existed or been entered into. All and Whole the #
farm of Hiddlefaulds being part of the Barony of Kilpunt with #
the House yards parts and pertinents thereto belonging all as presently #
possessed by the said James Walker himself Lying in the Parish of #
Kirkliston and County of Linlithgow. And that for the space of #
Nineteen years from and after the term of Martinmas Eighteen hundred #
and thirteen which is hereby declared to have been the term of the said #
James Walker his entry thereto in virtue hereof Reserving always #
to the said Earl and his heirs and successors full power and liberty to #
work win sell dispose of and carry away the Coal Lime, Freestone, Marle #
and in general all other Mines Metals and Minerals within the said #
lands hereby set And to  make Roads and Aqueducts and to do every thing #
necessary for these purposes the said Earl and his foresaids always #
satisfying the said James Walker and his foresaids for any damages #
that may be thereby done to the surface of the Ground at the sight of #
neutral men mutually chosen But it is Declared that the said James #
Walker and his foresaids shall have liberty to work Lime Stone within #
the lands hereby set for the use of the same and Houses thereon but not #
for sale or any other purpose whatever. Also Reserving to the said #
Earl and his foresaids full power and liberty to Straight marches and #
to excamb Lands either with the neighbouring Proprietors or with his #
own Tenants at the sight either of the Judge Ordinary or of neutral men #
they
David [Robertson] Williamson
James Walker

Page 2; IMG_3253

Transcription of page 2;

Page Second
the indemnification to the Tenant to be paid either in land or in money #
as the same shall appear most equitable to all concerned. Also Reser- #
-ving to the said Earl and his foresaids full power and liberty to cut and #
carry away all timber now growing or to be planted on the said lands #
and the said James Walker and his foresaids shall have no claim for #
any allowance when the same is done betwixt the first of November #
and the first of May And if any damage is occasioned at any other #
time the said James Walker and his foresaids shall be indemnified #
therefor at the sight of neutral men mutually chosen Also Reserving #
to the said Earl and his foresaids full right and liberty at any time #
during the Lease to resume possession of part of the said Lands for the #
purpose of Planting not exceeding the extent of three acres And the value #
of the land so resumed shall be determined by neutral men mutually #
chosen and shall be allowed to the said James Walker and his #
foresaids And it is Declared that where the Fences of the Plantations #
become fences to the Tenant and useful to the Lands then the said #
James Walker and his foresaids shall be bound to be at half the #
expense along with the Earl in keeping the said fence in repair #
Also Reserving to the said Earl and his foresaids full power and #
liberty to [fowl] or Hunt upon the Lands either by himself, Gamekeepers #
or their having special liberty but always so as not to [injure] any #
Sown or planted crop and the said James Walker and his foresaids #
shall be bound to preserve the Game from all others Also Reserving #
to the said Earl and his foresaids full right and liberty at all times #
during the Lease to inspect and examine the state and condition of the #
farm the Houses and fences And if any of them shall be found in #
disrepair the said Earl and his foresaids shall have power to require #
the Tenant in writing to do what is necessary by way of repair And #
in case the Tenant shall fail to do so within One month after such #
notification the Earl and his foresaids shall have liberty to cause the #
said repairs be executed And the expense thereof Certified by the factor #
of the said Earl without further proof the said James Walker and his #
foresaids shall be bound to pay at the next term along with their Rent. #
Also Reserving to the said Earl and his foresaids full right to #
resume possession of the said lands and others in case the said James #
Walker of his foresaids shall become legal Bankrupts in terms of the #
Act 1696 or of the 33rd of His present Majesty [Cap] 74 or of any #
other subsequent Act of the same nature Or if the said James #
Walker or his foresaids shall execute any voluntary Trust Conveyance #
of their Estate in favour of their Creditors on account of inability to pay #
their debts or although no such Conveyance is executed if they possess #
the Lands only nominally and account to their Creditors or their #
Trustees for the profits of the same, Or if the said James Walker or #
his foresaids shall allow a [Sequestration] to be applied for and #
obtained for payment of the Rent due the said Earl and his foresaids #
shall
David [Robertson] Williamson
James Walker

Page 3; IMG_3254

Transcription of page 3;

Page third
shall be entitled to enter to the possession of the said lands and others #
at the first term of Martinmas after any of the above events shall #
take place And in such cases the said James Walker hereby obliges #
him and his foresaids to renounce possession of the said lands and #
others hereby Set And Consents that Summary diligence shall pass #
for removing all concerned from the lands and thereby enable the #
said Earl and his foresaidsto set the said Lands of new to any other #
person they chose without prejudice always of the remedies provided #
in favour of Landlords either by the Common Law or the Act of #
[Sed…t] 1756 Declaring always that if the said James Walker #
or his foresaids from any of the foresaid Causes shall be unable to #
pay their Rent or to keep the farm the said Earl and his foresaids #
upon obtaining possession thereof shall be obliged to allow them #
the value of such improvements and [meliorations] of which they may #
not have reaped the benefit which allowance shall be ascertained #
by two neutral men mutually chosen Which Tack under the #
Reservations and Declarations before Written the said James Hope #
Johnstone, Earl of Hopetoun Obliges him his Heirs and Successors #
to warrant at all hands For the which Causes And upon the other #
part the said James Walker Binds and Obliges him his heirs Executors #
and representatives whomsoever to content and Pay to the said #
James Hope Johnstone, Earl of Hopetoun his Heirs and Assignees #
of to his or their factors or chamberlains in their name yearly and #
each year during the whole space foresaid of this present Tack the #
Sum of One hundred and Eighty Pounds Sterling and Twelve #
[Kain] Hens or in the [option] of the said Earl and his foresaids One #
Shilling and Sixpence Sterling for each Hen if not demanded but in #
case of their being demanded and not delivered the said James #
Walker and his foresaids shall be obliged to pay [five] Shillings Sterling #
for each undelivered Hen Begining the first years payment of #
the said Money Rent at the term of Candlemas and Lammas #
Eighteen hundred and fifteen by equal portions And that for [crops] and #
year Eighteen hundred and fourteen And of the [Kain] at the terms #
used and want or of the Conversion thereof in the option of the said #
Earl and his foresaids along and together with the said money Rent #
And so [furth] yearly and termly thereafter during all the years of #
this Tack except the Rent of the last year which it is expressly #
agreed upon and declared shall be fully and completely paid up #
at the expiry of this Lease or the said James Walker’s removal from #
the farm with One fifth part more of penalty in case of failure and #
the legal interest or Annual Rent after the respective terms at which #
the same shall become due during the nonpayment thereof Also #
to deliver to the said Earl and his foresaids yearly when required #
between Yule and Candlemas after reaping the Crops Twenty Three #
Bolls
David [Robertson] Williamson
James Walker

Page 4; IMG_3255

Transcription of page 4;

Page forth
Bolls of Oat Meal by Weight of Eight Stones Troy per Boll the beet #
of the growth of the said Lands [feed] only excepted And to Carry and #
transport the same to Hopetoun House or any place within Twelve #
Miles thereof all upon their own proper charges and expenses It being #
hereby Declared that the said James Walker and his foresaids shall #
get allowance out of the Rent beforementioned of the value of the said #
Meal at the rate of the highest fiars of the County of Linlithgow. #
As Also to keep and maintain One of the said Earl’s Hounds or Pointers #
during all the years of this Tack without any Allowance on that account. #
And the said James Walker Binds and Obliges himself and his foresaids #
to Labour the lands hereby Let according to the rules of good husbandry #
And not to wear out or deteriorate the same by undue labouring or #
improper management And particularly without prejudice to the #
said generality that the said James Walker and his foresaids shall #
not be at liberty to take more than two successive white crops from #
the same ground without the intervention of a Summer fallow or #
Green crop And never to take a wheat crop except after a summer #
fallow or Green crop Dunged And further the said James Walker #
Binds and obliges himself and his foresaids to have in each year #
during the last four years of the Lease not less than twelve acres in #
Hay and Pasture of which not more that Six acres shall be in #
Hay And also to have in each of the said last four years Eight Acres #
or […]in Summer fallow or Green crops Dunged Which Summer #
fallow or Green Crop shall along with the Succeeding Crops of Grain #
be laid down with [Grass] seeds of a proper Assortment and quantity #
for pasture or Hay and the land so laid down the said James Walker #
and his foresaids shall not be at liberty to break up again during #
the Lease not take more than One crop of Hay from the same [ground] #
And it is Declared that during these last four years the said #
James Walker and his foresaids shall not be at liberty to take two #
successive White crops without the intervention of a summer fallow #
or Green Crop Dunged But in case of the Grass [seeds] sown with #
Summerfallowed Wheat having failed they shall in that case #
(apon stating the same to the Factor of the said Earl and upon his #
being satisfied thereof) have liberty to plough up the same the #
ensuing year and to take a crop of Barley to be sown down with #
Grass Seeds. And further that in the last year of the Lease at #
any time between Martinmas and Candlemas the said Earl or the #
incoming Tenant shall have power to take Land for Summer #
fallow or Green Crop not exceeding the extent of twelve acres the #
said land to be restricted to that proportion of the Farm which in #
the due and ordinary course of management shall fall to be in #
Summerfallow or Green Crop at the time all lying in one and the #
same~
David [Robertson] Williamson
James Walker

Page 5; IMG_3256

Transcription of page 5;

Page fifth
same field if that can be effected And all the Dung of the proceding #
Crop shall be kept for the same in so far as the same shall not be #
used by the Tenant for any Horse hoed Drilled Crop for that year #
the said James Walker and his foresaids always receiving such #
indemnification for the summerfallow of Green Crop and Dung #
as _ shall be determined by neutral men One to be chosen by #
each _ party. It being understood that in case the Earl or the #
incoming Tenant shall not take ground for Summerfallow the #
last year of the Lease the Tenant shall be allowed an indemnifica- #
-tion for the Summerfallow or Green Crop he is bound to have for #
that year as the same shall be valued by neutral men mutually #
chosen And Further in case where it may be proper the Earl #
or the incoming Tenant shall have liberty to Sow Grass Seeds #
with all or any of the White Crops provided the Grass Seeds are #
Sown along with the Spring Crops or within Eight days thereafter #
If with Wheat Crop not later than the month of April And the #
said James Walker and his foresaids shall be bound to harrow #
and cover then in properly and reaping the crop to preserve #
the said grass from injury and not to allow any Cattle to pasture #
thereon either during Harvest or afterwards the said James Walker #
and his foresaids being to get allowance for any damage they #
may sustain thereby at the sight of neutral men mutually chosen #
And in Reguard the Rents herein beforementioned were fixed #
and Agreed upon on the faith that the ground should be managed #
in manner beforementioned Therefore in case the said James #
Walker or his foresaids shall Contravene the foresaid Stipulations #
respecting the management of the Farm or any of them the said #
James Walker Binds and Obliges himself and his foresaids to pay #
an additional Rent of Five Pounds Sterling per acre for each acre #
of ground which they shall so mislabour or not have in Hay #
and Pasture or in summerfallow or Green Crop as beforementioned #
or shall not allow to be summerfallowed or Sown with Grass Seeds #
by the said Earl or the incoming Tenant with the last Crop #
under this Lease and to be harrowed and Covered in as said is #
And the said James Walker binds and Obliges himself and his #
foresaids to pay the said additional Rent for each year during #
their possession after the respective Contraventions at the terms #
and under the penalty before Covenanted with regard to the said #
Stipulated Rents. And it is Declared that although an #
additional Rent is hereby Covenanted in case of Contravention #
which in all cases is to be considered as pactional and not #
penal yet the said Earl and his foresaids shall nevertheless be #
at liberty if they think proper to prevent the overlabouring or #
mismanagement~
David [Robertson] Williamson
James Walker

Page 6; IMG_3257

Transcription of page 6;

Page sixth
mismanagement of the said lands and to insist for damages #
in the ordinary way and in such manner as accords with the #
law. And the said James Walker Binds and Obliges himself #
and his foresaids to to consume the whole [praw] and fodder of all #
kinds upon the said lands that shall grow thereon during all the #
years of this Tack except the last year of their possession but #
they shall be at liberty to sell Hay at any time they shall think #
proper during the Lease As Also to lay all the Dung upon #
the said lands that shall be made thereon during all the years #
of this Tack except that of the last year which or so much thereof #
as they shall not at their removal have laid upon the lands #
they shall be obliged to sell to the said Earl and his foresaids #
or the incoming Tenant at such price as shall be fixed by #
neutral men to be mutually chosen. And Further the said #
James Walker having accepted of the whole Houses and Fences #
in the condition he was obliged to leave them by his former~ #
agreement Binds and Obliges him and his foresaids to repair #
uphold and maintain the whole of the Houses presently upon #
the Farm with what others they may build thereon during all #
the years of this Tack in a good and sufficient tenantable condition #
and to leave them in the like good and sufficient tenantable #
condition at their removal all upon their own proper charges #
and expenses. And in case the said James Walker and his #
foresaids shall build any additional Houses for their own #
conveniency the said Earl agrees to allow them Timber of the #
growth of his Plantations for Roofing and Flooring for the same #
under the direction of his Factor And they shall be obliged to #
keep and leave the said Houses in the condition beforementioned #
And to repair uphold and maintain the whole Fences and #
Gates of the Inclosures in a good and sufficent fencible condition #
during all the years of this Tack And to leave them in the like #
good and sufficent fencible condition at their removal all upon #
their own proper charges and expenses with power to the Tenant #
to claim the benefit of half Dyke with the neighbouring #
Proprietors or the Earl’s Tenants of his adjoining Farms. And #
the said James Walker Binds and Obliges himself and his #
foresaids to preserve the whole Trees planted or to be planted #
on the said Lands And in case of damage incurred by the #
tenants fault or negligence to indemnify the said Earl and his #
foresaids as the same shall be determined by neutral men #
As Also to Insure the Houses built or to be built from [loss] #
by~
David [Robertson] Williamson
James Walker

Page 7; IMG_3258

Transcription of page 7;

Page seventh
by fine in such Insurance Office as shall be approved of by the #
said Earl or his foresaids And to pay the premium and tax on #
the same regularly during the Lease And in case of any accident by #
fire to assign and transfer the Policy to the said Earl and his #
foresaids with power to recover the money arising therefrom #
which is to be applied in repairing the loss sustained And if this #
shall be neglected the Earl or his foresaids shall be entitled to #
take out Policies and to charge the said James Walker and his #
foresaids with the expense of the same together with the Annual #
premium and fare. As Also the said James Walker Binds and #
Obliges himself and his foresaids to pay the half or legal proportion #
of the Schoolmasters Salary [effiering] to the said lands and such other #
burdens as may be imposed on Tenants by law Declaring always #
that the said James Walker and his foresaids shall have no right or #
claim against the said Earl for any damages on account of Roads #
either public or parochial being carried through the Lands without #
prejudice however to any claim Competent against the County or #
Public funds. Declaring also that the said James Walker and his #
foresaids shall have right if requisite to the possession of the Barns #
and Barn yard until the term of Candlemas following the last crops #
for the purpose of threshing out the same And the said James Walker #
Binds and Obliges himself and his foresaids to flitt and Remove #
themselves families Servants Cattle and Effects furth and from #
the Lands Houses and [others] hereby Let at the expiry hereof #
without any warning of removing or other process of Law And #
in case he or his foresaids shall not flitt and remove themselves #
from the lands and others hereby Let at the expiry hereof but #
shall continue to possess by tacit relocation or in any other manner #
of way without a new bargain formally reduces into writing #
Then it is hereby Stipulated and agreed that so long as they shall #
continue to possess after the expiry hereof they shall be holden and #
Obliged as the said James Walker hereby Binds and Obliges himself #
and his foresaids to pay an yearly Rent of Five hundred and #
forty Pounds Sterling for the said lands and others in lieu and in #
place of the Rent herein before stipulated And that over and above #
and besides fulfilling the whole other forastations and conditions #
hereby incumbent on the Tenant. And Lastly the said James #
Hope Johnstone Earl of Hopetoun and the said James Walker #
hereby Oblige themselves and their foresaids to perform and fulfil #
their respective parts of the premisses to each other and the party #
failing to pay to the party observing or willing to observe their #
part thereof the sum of One hundred Pounds Sterling of liquidate #
penalty attour performance And they consent to the Registra~ #
~tion hereof in the Books of Council and Session or of any other proper #
courts~
David [Robertson] Williamson
James Walker

Page 8; IMG_3259

Transcription of page 8;

Page eighth
court for preservation And if necessary that Letters of Homing on #
Six days Charge and all other legal execution may pass upon a [Decrect] #
to be interponed hereto in usual form And Constitute

Their Procurators for that #
purpose In Witness whereof these presents written upon this and #
the Seven preceding pages of Stamped Paper by William Murrary #
clerk to John Kerr factor to the said Earl Are subscribed as follows #
[…] By the Honorable David Robertson Williamson one of the Senators #
of the College of Justice on the part of the Right Honorable the Earl of #
Hopetoun in virtue of a commission to that effect dated the Nineteenth #
day of April, Eighteen hundred and thirteen years and Registered in #
the Books of Council and Session the twentieth day of August thereafter #
At Lawers the Sixteenth day of September Eighteen hundred and #
fifteen years before these witnesses, Peter Small and James Kemp #
both his servants And by the said James Walker at Hiddlefaulds #
the twenty Second day of September and year foresaid before #
these witnesses, Thomas Cunningham his servant and the before #
mentioned William Murray ~

Peter Small – witness
James Kemp – witness
Thomas Cunningham – witness
Wm Murray – witness

David Robertson Williamson
for The Earl of Hopetoun

James Walker

Notes;

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