I ■ ■ I ■ PUBLICATIONS OF THE SCOTTISH HISTORY SOCIETY VOLUME L RECORDS OF THE BARON COURT OF STITCHILL October 1905 RECORDS OF THE BARON COURT OF STITCHILL 1655-1807 Transcribed by the late REV. GEORGE GUNN, M. A. MINISTER OF STITCHILL AND HUME • and edited by CLEMENT B. GUNN, M.D. EDINBURGH Printed at the University Press by T. and A. Constable for the Scottish History Society 1905 DA 750 . S_a5 v. bO ^OStOS COH.EQB SIBBAR* OCT 21 1971 465043 CONTENTS PAGE INTRODUCTION, .... ix-xxxix THE MINUTES OF THE BARON COURT OF STITCHILL, ....... 1-214 APPENDICES— i. Crimes and Offences, . . . . .215 ii. Times of Meeting of the Baron's Court, . . 216 in. List of Proper Names occurring in the Records of the Baron's Court, . . . . .217 iv. Some Archaic and Provincial Words occurring in the foregoing Minutes, . . . . .219 v. Prices of Chief Articles, . . .221 vi. Barons, Ministers, and Schoolmasters during the Period included in the Records, .... 223 vn. Some Notes on Members of the Pringle Family, . 224 vin. The original Manuscript of the Baron Court Records and its Transcriber, .... 236 INDEX, ....... 239 INTRODUCTION These Minutes, begun two hundred and fifty years ago, extend from the eighth day of January 1655 in unbroken series to the twenty-first day of November 1807, a period of one hundred and fifty-two years. When they began, Cromwell was in his second year as Lord Protector of the Commonwealth of Great Britain and Ireland : they close just twelve years before the birth of Victoria, later the monarch of these realms. In 1655 Scotland was little better than a conquered province of England. The Lord Protector had dispensed with the services and co-operation of the Scots Parliament, of the Commission of Estates, and in matters ecclesiastical, of the General Assembly of the Church of Scotland. In the year previous to the opening of the Minutes, the Supreme Council of the Common- wealth of England had ratified its union with Scotland. This union, although coming to an end with the restoration of King Charles ii. in 1660, was not without some influence upon the social system in the country ; for by its means the feudal tyranny of the nobility was broken. The tenantry and commons enjoyed more domestic peace and tranquillity than had been their lot during the turbulent and disputa- tious times of Charles i. Two contemporary opinions of the state of Scotland during Cromwell's Protectorate are worth quoting, — opinions from widely varied sources, yet whose concurrent truthfulness may be accepted. Robert Baillie, one of the most eminent and perhaps the most moderate of all the Scottish Presbyterian clergy during the Civil War, says : 6 Our State is in a very silent condition, X BARON COURT OF STITCHILL strong garrisons over all the land, and a great army of horse and foot, from 7000 to 9000 in number, for which there is no service at all. Our nobles lying in prison and under for- feitures or debts, private and public, are, for the most part, either broken or breaking. 1 The other opinion is that of Cromwell himself, the chief personage in the State. He had sent for both Houses of Parliament to come to him in Whitehall to the Banqueting House, and thus he addressed them : 8 And hath Scotland been long settled ? Have not thev a like sense of poverty ? I speak plainly. In good earnest I do think the Scots nation have been under as great a suffering in point of livelihood and subsistence outwardly as any people I have yet named to you. I do think truly they are a very ruined nation. And yet, in a way (I have spoken with some gentlemen come from thence), hopeful enough ; it hath pleased God to give that plentiful encouragement to the meaner sort in Scotland. The meaner sort in Scotland live as well, and are as likely to come into as thriving a condition under your government as when thev were under their own great lords who made them work for their living ' (Carlyle's Cromwell, vol. iii. p. 342). The foregoing brief glance at the political condition of Scotland at the time when these records begin helps more clearly to a realisation of the domestic condition of the country — a condition which, however, is actually brought before our very eyes in a singularly vivid manner by the manuscript under consideration, viz. ' The Minutes of the Baron Court holden at Stitchill Kirk bv the Right Worthy Robert Pringle, of Stitchill, baron and heretable proprietor of the lands, parochin and barony of Stitchill." To regulate the administration of justice, Cromwell set on foot a two-fold scheme. He appointed (1) a commission of four English and three Scottish judges to take the place of INTRODUCTION xi the Scots Court of Session, not only for hearing cases in Edinburgh, but also for the holding of circuit courts in the principal towns. With his second step this work is more especially connected. (2) By Act of Parliament it was pro- vided that in every parish each baron should resume his former jurisdiction, and hold a court of justice, and take cognisance of debts, promises, and trespass. The court officials registered their transactions in Minute-books. Those belonging to Stitchill have never previously been published. One series of such records, viz. the Baron Court Book of Urie, was published by the Scottish History Society a few years ago. And now that work is supplemented with similar material afforded by the Court Book of the Barony of Stitchill. Those two reproductions, containing, as they do, the very essence of parochial and village legislation in the seventeenth and eighteenth centuries, the one in the north of Scotland in a seaboard parish, and the other in the far south in the agri- cultural midlands, supply between them accurate and interest- ing glimpses of the everyday life of the Scots villager at the extremes of the country, the former by sea and land, and the latter purely pastoral and agricultural. The jurisdiction of the Baron was powerful and wide- spread, and formed an essential feature of the feudal system. Introduced at an early period, feudalism flourished in Scotland until the fourteenth century, when various causes contributed to its decay ; and it received the death-blow by the abolition of heritable jurisdiction consequent upon the rising of 1745. The actual formula of the Baron's jurisdic- tion contains a number of uncouth but archaic words : 6 Soc, sac, pitt, gallows, toll, theme, infangthief, and outfangthief. , 'Soc' denotes the district included within the jurisdiction; 'sac' means the right of judging in litigious suits; 6 toll "* implies exemption from duty, also the right to exact duty ; 4 theme 1 indicates the Baron's right of declaring who were xii BARON COURT OF STITCH ILL serfs and who were freemen ; 6 infangthief 1 means jurisdiction over a thief within the Baron's soc ; 4 outfangthief 1 refers to the right of extradition of a thief caught within the soc of another; 'pit and gallows' — furca et fossa — is the power of capital punishment, the pit being for the drowning of women, and the gallows for the hanging of men. Such was the parochial court re-established by the Lord Protector, though with greatly limited powers and lessened dignity. In fact it corresponded a good deal to the justice of peace system in England administered bv the class whose feudal authority had been suppressed (Hill Burton, vol. vii. p. 320). The Baron Court with which this volume is more par- ticularly connected was that of the village, barony, and parish of Stitchill in Roxburghshire, three miles to the north of Kelso. The name Stitchill is the equivalent of uphill or uphall, and indicates that the parish occupies part of an upland slope, rising at last to eight hundred feet above the sea-level, to which the ruined fortalice of Hume Castle forms an imposing copestone. Its population and church member- ship both appear to have continued very much the same as at present during all those years. Stitchill at that time was in the centre of a disturbed district. It lies upon the highway to England, and midway between the castles of Hume and Roxburgh, almost within striking distance of Duns ; hence the villagers could not fail to be well acquainted with the main features of the Covenanting campaign. In fact, the religious tone of the villagers if inspired from the mansion-house was Covenanting. At Duns some had lain in arms for Christ's crown and Covenant. At Kelso they had witnessed the inglorious and disorderly retreat of Lord Holland and his troopers. Their own broken soldier, Thomas Whyte, military representative of Stitchill, returned to the village, wounded, from the battle INTRODUCTION xiii of Dunbar. And in the sight of every one occurred the very last act of the drama in which Hume Castle had a part acted out to the end. It may be read to-day in Carlyle's Cromwell, vol. ii. p. 244, thus: 'February 3rd, 1650. Letters that Colonel Fenwick summoned Hume Castle to be sur- rendered to General Cromwell. The Governor answered, " I know not Cromwell ; and as for my castle, it is built upon a rock." Whereupon Colonel Fenwick played upon him a little while with the great guns. But the Governor still would not yield ; nay, sent a letter couched in these singular terms : — " I, William of the Wastle, Am now in my castle ; And a' the dogs in the town Shanna gar me go down." This frolicking humour stood Willie Wastle in no good stead. War is too tragic. So the mortars were opened upon him, which " gar him gang down." 1 The population of Stitchill, as of other Lowland villages, was purely agricultural and pastoral. Farmers, cottars, and the small shopkeepers in the village held land from the laird only, and paid their rents in the three ways — money, service, kind. Farmers held their farms only from crop to crop. There were no leases, and they might be removed at the landlord^ will. In addition to the rents, the Baron sitting in judgment decerned the parochial burdens for the ensuing- half-year. One such order refers to the education rate of that day. He statutes and ordains his haill tenants to pay pro- portionally to James Lennox, schoolmaster, 20s. Scots money during his service, and authorises his Baron officer to poind and distrain any who fail therefor. Again, the assessment is on behalf of the Beddall, the indispensable village tyrant, to whom in those days minister, manse, and parish owed some importance. For the ringing of the great bell at four xiv BARON COURT OF STITCHILL hours in the morning and at eight at night, each big house is to pay him twelvepence yearly. There is also a military rate. It is found that four indwellers were liable in i?32 Scots money, 4 ilk ane of them for their own partes with the interest of the principal sum for the out-reiking ane soldier for the parish of Stitchill.' And as mentioned above, when their soldier returned from Dunbar battle, the haill tenants are stented in payment of £10 Scots money 4 for relief of his wounds, being sent for the whole barony.' In this connection one may note that it was one of Oliver Cromwell's first acts to sweep away the feudal system in Scotland which had entitled the territorial chiefs to the military attendance of their vassals, 4 that all and every the heritors and persons aforesaid and their heirs are and shall be forever hereafter freed and discharged of and from all military service and personal attendance upon any their lords and superiors in expeditions or travels and of all casualties of wards and lands formerly held by the king and other superiors' (Hill Burton, pp. vii, lxxv, 316, 317, 318, Appendix, xxvii ; Bruce's Report on the Union, p. ccx ; and in Scobell's Collection). Still, it is only fair to the memory of James n. to state that in 1450 he permitted lands to be let in feu without the obligation of military service. This step of Cromwell's was one in the direction of the policy pursued by him of allowing the people to carry on their industries undisturbed and unmolested (Ross, p. 121). This, however, is a digression begotten of those examples of the monetary burdens, the education rate, and the military rate. Other examples occur constantly through- out the Records ; such, for instance, as the halfpenny rate imposed upon every tenant at the meeting of the Baron Court, etc. The burden of payment in kind occurs most commonly in that form of rent called kain or kayne, when the tenant con- INTRODUCTION XV tributed to the laird's pantry annually one or more fowls or hens as part of his rent, a custom still maintained in that part of the countrv. The payment of teinds or tithes was another example, and one fruitful of perennial ill-feeling between the parishioners and the minister or the laird. The minister on his part might delay teinding until the weather was breaking, with the crops lying out exposed to all risks. The parishioner, on the other hand, with the skill of years of practice, could so arrange that every tenth sheaf, by the most curious mischance, proved to be the thinnest and poorest ! Fruitful sources of irritation betwixt parson and parishioner. How much more so when they happened to be Episcopalian and Covenanter, or vice versa ! The third burden upon the tenant was that of service ; which service varied according to different purposes — to furnish a sufficient worker day about for carrying out the rubbish accumulated in the kirkvard, under a penaltv of £5 Scots : or it was the reparation of the kirk itself, and included the furnishing of the barrows, riddles, and other necessaries for the work. But perhaps the burden most grievous of all, and one fruitful of constant irritation to every one within the baronv. was that of thirlage to a particular mill. This was called the service of the suckcn. Every thirteenth peck of meal ground at the mill went to the miller under the name of multure, in addition to multure dues to the baron, and lesser dues to the miller's man. under the name of knaveship. And so great was the profit from those multures to the baron and to the miller, that Act after Act was passed ordaining the tenants to confine all their grinding to the mill of the barony. The handmill of the cottar against the water-mill of the landlord strove for centuries back, away before the days even when the monks of St. Albans sallied forth and. after capturing the handmills of their vassals, paved the rloor xvi BARON COURT OF STITCHILL of their refectory with them. Here, for instance, is a refer- ence in the beginning of the year of the Restoration : 6 The which day the said Judge taking into his serious con- sideration what loss and prejudice the possessor of the Mill of Stitchill entertains by the people of this Barony who buy their bread for penny Bridals in the market, and do not grind their bridal wheat at the said Mill, so that therby they are partly unable to pay the tack duties yearly rent for the said Mill use and wont. Therefore it is enacted and by these presents statute and ordained, that all makers of common Bridals, also Ale-brewers, as others within the Barony, shall grind the haill wheat which they shall happen to make use of at the said Bridal, at the Mill of Stitchill, and pay Mill- duties therefor use and wont ; and that none within this Barony buy bread in the market under the pain of i?10 for each fault without modification.' And later, the laird further decreed that no bride dwelling within this barony shall make her bridal outside this parish wheresoever the bridegroom shall happen to dwell, for the benefit of the mill-duties on the malt and wheat, under a fine of £%0. Poor James Macdowell ! His bride's taste for the fancy bread of Kelso cost him ^10 to the laird and double multure to the miller, or ten shillings. Another curious feature of the sucken was the bringing home of the millstones. In a parish where roads were few and rough, this was an operation of danger and difficulty. So the simplest arrangement was to thrust a young tree through the hole of the millstone, and the parishioners in turn wheeled it along upon its edge, so as to avoid injury to the grinding surface. Even the widow of James Campbell was ordered to pay £3 as her share of the expense. Other burdens of service were ditching, diking, enclosing, planting trees for the laird, and casting the mill-lade for the common enemy the miller. The penalty for cutting a tree INTRODUCTION xvii was £10, one half of which was to go to the poor. It came rather hard, however, on the poor when the factor forgot this recommendation and appropriated the whole of the £10, which was George Hamilton's fine for cutting an ash-tree belonging to the laird. One recalls the old rhyme : — ( Oak, ash, and elm-tree, The laird may hang for all the three ; But for saugh, and bitterweed, The laird may flyte, but mak naething by 't.' — Rogers, ii. 46. And with the tenants, so with the cottars. They too paid their rents in money, kind, and service. Isobel Johnstone paid in rent £3 and four kayne hens. Another cottar in name of partial rent must bring ten loads of coal from England to the laird and four to the lady dowager. For the pasture of a horse on the Hall hill one load of coals must be carried. And when the East Loch was drained, a call was made upon the cottars to furnish the labour required. The Baron Court Book contains many such references, of which the foregoing are but examples. And now, coming to consider the condition of agriculture at this epoch of the Commonwealth and after ; where then did the farmer's gains come from ? Hardly from the land. The Border forays of the past centuries ; the frequent march- ings of troops to and from English soil ; of Highlanders and Lowlanders ; of English Independents and Scottish Presby- terians ; of Border reivers and English mosstroopers, all hindered agriculture from becoming a thriving branch of industry. One army destroyed the labour of many years. Farmers had to be content if they succeeded in producing the house- hold supply. The lands were wrought on the principle of infield and outfield. Infield meant one-fourth of the farm lying nearest the house ; this was fairly well fertilised. Women carried everything that was required to the fields in b xviii BARON COURT OF STITCHILL creels, and indeed acted as pack-horses in carrying grain, hay, and manure, often long distances. The outfield consisted of the remaining three-fourths of the farm, which lay further distant and yielded crops of inferior quality. After being pastured for seven or eight years, it was then ploughed, and a crop or two of oats taken off. In hard or clay soils eight oxen were yoked together to drag a single wooden plough, and from four to six persons were required to conduct it : two led the oxen, one held the stilts, one cleared the mould-board, and one regulated the breadth of the furrow by means of a long pole attached to the plough by an iron hook. The swing plough was introduced only in 1763. Generally speaking, these were bad times, times of poor crops, wretched weather, and prevailing dearth and poverty. Bere cost £20 Scots per boll, equal to £1, 13s. 4d. In 1657 the price was £5 9 8s. 4d. Oats brought five merks per boll. The pint of ale cost four or six shillings according to quality, equal to fourpence or sixpence sterling. A boll of wheat, pease, or rye contained ten pecks per boll. Oats and barley contained fifteen pecks per boll. Oatmeal measured six bushels to the boll, equal to 140 lbs. avoir. A ploughgate of land was equal to 104 acres, which eight oxen could plough in one year. It was similar to a hide or carucate in England, which amounted to 120 acres. A davoch was equal to four ploughgates. With regard to the feeding of sheep and cows, there was nothing to eke out the pasture; turnips, potatoes, and the better kinds of grass being introduced and utilised a full hundred years after this, in 1747. The sheep were small and their flesh hard for those who had to eat it ; ' the mutton live to a greater age than elsewhere by reason of the salubrity of the air and the wholesome dry feeding, and are indeed the greatest merchant-commodity that brings money to the place, with their produce of lambs, wools, skins, butter, and cheese.'' INTRODUCTION xix From the Baron Court Records one may get a good idea of the purchasing power of £100 Scots: Alexander Lowrie will sell six dinmonts and ewes for ^?8, 6s. 8d.; John Smith's price for one ox is ^18, 10s. ; William Courtney's two cows cost £31 ; Isobel Ormiston's calf cost «sf?ll, 14s. ; John Wood bought a mare for £26 ; John Brattison will erect a peatstack for £4t. The sum-total of the above amounts to all but £100 Scots or £8, 6s. 8d. sterling. 4 This country affordeth also store of neat hide and sheep skins and great plenty of wool, which is carried to foreign nations, so that the cold eastern countries bless this happy soil, being warmed with the fleeces of their sheep. It affordeth also great plenty of well-spun worset, which is sold and carried for the most part to foreign nations ' (Russell's Yarrow, p. 74). The remaining lands and meadows of each district were possessed and laboured in different parts by the poorer cottars, under the authority of the laird or his bailie. They had equal rights with one another to the woodlands, the peat-mosses, the large ranges of common, and forest-land, which furnished eldin or fuel to them gratis, where pigs and geese might range, and the cows might feed, herded by the small boys of the village. In addition to the agricultural population, consisting of farmers and cottars, there were the tradesmen necessary to their existence : the blacksmith, to whom was paid a tax called 6 sharping corn, 1 who kept the ploughshares and reap- ing-hooks in order ; the joiner; the cordiner, who made shoes; the brewer, who made and sold ale ; the carrier to Edinburgh and the north of England ; and the general merchant. And, in addition, the chapman, who traded by barter, accepting poultry, butter, cheese, and eggs in return for the manu- factured commodities of the town, was ever a welcome visitor with his pack to tempt the goodwives, and his political gossip for their husbands. XX BARON COURT OF STITCHILL Their dwellings were of a temporary nature. As an Eng- lish tourist related, 4 the houses are mouse-holes of mud, covered in with heath and thatch which, when dry, makes excellent fuel." There was but one apartment, with no chimneys, with unglazed boles for windows, and a fire of wood in the middle of the floor. The usual dress of the working people was made of a plain coarse woollen cloth called hodden grey. It had been spun at home by the industrious wives from the washed but undyed wool. The maud, or shepherd's plaid, and the blue bonnet marked the peasant's dress. If he wore shoes, they were made of neat's leather, fastened with brass buckles. In spite of the prevailing 'poverty, the commons liked to dress well, especially on Sundays. John Ray, the naturalist, was so struck by this marked difference between the Lowland labourer in his work and in his dress, that he wrote : ' They lay out most they are worth in clothes, and a fellow that hath scarce ten groats besides to help himself with, you shall see him come out of his smoky cottage clad like a gentleman.' This love of dis- play was prevalent. In the Complaynt of Scotland one may read that, ' ane man is nocht repute for a gentleman in Scot- land but gyf he mak mair expenses on his horse and doggis nor he does on his wyfe and bairns' (Ross, p. 283). This fond- ness for apparel attracted even the attention of Parliament and of the General Assembly of the Church ; and those two bodies tried in vain to regulate it, as indeed James n. had attempted two hundred years earlier. Burgesses and peasantry, men, their wives and daughters, were to be restrained in their extravagance. Dress, coats, and cloaks were to be composed of materials suited to the wearers' ranks. It was enacted that nobles only were to wear golden or silver lacings, velvets, satins, or silks ; no man of lower rank to do so except at a penalty of i?1000 Scots. Servants were restricted to fustian, canvas, or other stuffs produced within the kingdom. INTRODUCTION xxi Scant grace was shown to weddings. One of the Stitchill Records expressly certifies that neither bride nor bridegroom, their friends nor guests, shall make above two changes on that occasion, under a fine if they be craftsmen or servants, not exceeding a hundred merks. Clothing was often made a consideration in completing a bargain. Thomas Hoggarth for his services got £11 9 4s. Scots, with a harden shirt of coarse tweeled linen, a suit of old clothes, and two pairs of hose. John Crottar for a half-year got £5 for fee, twelve shillings for shoes, and twenty-four shillings for new hose. Hose was a species of pantaloons fitting closely to the limbs, and attached to the waistcoat by strings or laces tipped with metal points. William Moffat is decerned to pay to James Alexander for fee to his nephew, £4, 13s. 4d., with a pair of old hose, or 8d. for the price. A woman's wage for the summer months was £4t Scots, often with a bountith of a pair of shoes and the privilege of sowing a little lint. Other examples of wages are : three shillings for one day's thresh- ing ; also one shilling and fourpence for a day's spinning. One shilling Scots was equal to the modern penny ; £1 Scots represented one shilling and eightpence of our money ; and £100 Scots would mean £8, 6s. 8d. to-day. Beef was sold at twopence per pound ; mutton at three halfpence per pound of seventeen and a half ounces ; and cheese brought only threepence or fourpence a pound of twenty-four ounces. In general the common food was brose, oatmeal moistened with hot water and seasoned with salt. Each meal was the repetition of its predecessor, and the cooking process was simple. The greatest social evil in Scotland, and the keenest reproach to her clergy, was the existence and prevalence of the vagrant poor, without any corresponding and adequate method of granting them relief. In vain did Parliament order the arrest of all vagabonds, sturdy beggars, and gipsies, xxii BARON COURT OF STITCHILL such as made themselves fools and bards, and such who sleep all day and walk by night. In vain did the Church distri- bute her sacramental monies and the contents of the poor- box, distinguishing between the respectable, unfortunate poor, and the profane, drunken, debauched sort. In vain did the Baron forbid his tenants to relieve, to house, or give them money, save at the risk of the burden of their continued maintenance. The poor continued to exist throughout the land. The gaberlunzie, the bluegown or the king's man, such as Edie Ochiltree, whose figure must have been familiar to the Stitchill wives and weans, ere he earned his repose in the churchyard of Roxburgh, the village idiot and the village poor, were loyally looked after. But the sturdy, vaguing beggar who would neither work nor want was a constant menace to the cottar and villager, and an unsolved problem to the kirk-session and the Baron Court. Concerning another phase of Border life, there were not wanting in those days manifestations of the old daring spirit of their marauding forebears, who, like the Graemes, found the beeves that make their broth in Scotland and in England both. The iron hand of Cromwell rested too heavily upon the nobles to permit either of forays or of their keeping the crown o' the causey, yet their tenantrv would not be withheld from their love of sport and fairplav. The old wild spirit still broke out at fairs and trysts, at New Year time, and on Sabbath days when business or worship was combined with the breaking of heads, and conviviality mingled with the bruising of limbs. But there was a day of reckoning ; not of the 4 rug and rive 1 kind, not with the ready lance of the old reiver, but in a place where the blood ran cooler, and where even-handed justice was meted out. The Baron and his fine, the stocks and the jougs at the kirk door, and the still more dreaded pit and gallows, wrought no weak nor ineffective vindication. So when in the Stitchill INTRODUCTION xxiii Baron Court George French confessed that he ' committed blood ' upon his servant Thomas Quhigginhall with only his hand, and no military weapon, he was fined £21 Scots. Again, when James Lambie and George French junior fell out, as lads have a knack of doing, James had to pay a fine of £5 or to go into the stocks at the kirk door during the pleasure of the laird. Then for their riot and profanation of the Sabbath, when two men in an inhuman and unchristian manner beat and struck one another in several parts of the body to the effusion of their blood in great quantity, they had to pay £50, and find caution for a hundred merks for their future good behaviour. Still, the calendar of crimes in the Baron's Court was light during all those hundred and fifty years. Small debt cases, trespass, and assaults comprise most of it. A tendency to detraction prevailed throughout, since this was the only weapon which the feeble might urge against the strong. Kirk and kirk-session, Baron Courts and Parliament, contended vigorously against it. For instance, three women were decerned to pav to the kirk-session towards pious uses, ilk ane of them, twenty shillings for slander. Another confessed that a certain man did steal her hen and make use of it, but could not sustain her charge by probation, for which she was ordained to stand in the stocks and pay unlaw by and attour the kirk censure. Isobel Turnbull may scold for forty pence ; John Hoggarth's opprobrious speeches cost him thirty shillings. John French, for scandalling of James Dawson wrongously, in calling him thief and knave, paid a fine of £5 by and attour the kirk censure. Such were the crimes of lesser degree which characterised village life in the seventeenth and eighteenth centuries. But during the same period in Edinburgh, Leith, and other large towns, crimes of great magnitude were rampant, for which * there was daily scourging, hanging, nailing of lugs, and binding of people at the Tron, and boring of tongues/ And curiously xxiv BARON COURT OF STITCHILL enough, as regards drunkenness, the national vice, one may read of two cases only in the Baron Court Minutes for one hundred and fifty years ! There may, indeed must, have been others, private tipplers who did not come to the front ; but of these there is no proof. And one cannot but infer that the extreme and rigorous discipline then prevailing in Stitchill was an influence on the side of goodness and morality. And the laird was not slow to let his power be felt. Talking in the official language of the Acts of Parliament, on August 18, 1655, one finds, 'The said Judge taking to his serious consideration the great disorders and abuse within this Barony by excessive drunkenness, scandal, sensuality, mocking of piety, and such other heinous and God-provoking sins and offences, therefore, conform to an Act of Parliament made at Perth upon the 7th day of August 1645 years, and ratified by another Act of Parliament, of date 13th February 1649 years, do statute, enact, decern, and ordain that none within this Barony and Jurisdiction drink excessively, nor be sensibly drunk, nor be known to be drunk, nor use filthy nor scurrilous speeches, and that none mock at piety under the pain of ten shillings Scots. It is statute that none curse, swear, nor blaspheme, under the pain of ten shillings Scots." 4 Scotland was in bad enough condition, but it was not Pan- demonium ; not a scene of rapine, hatred, and universal anarchy. The great mass of the people went about their daily work with more or less content. Fields were ploughed and harvests gathered, crafts were followed, houses bought and sold, churches, castles, and cottages were built, schools quietly busy, knowledge spreading, religion deepening, and intellectual culture ennobled life" (Ross, p. 291). The Baron thus believed in keeping men sober by the Acts of his Court ; and he indirectly strengthened those efforts towards a stronger morality by an insistence on com- pulsory education. In this he was much in advance of his INTRODUCTION XXV times, although he was but following in the policy of John Knox of a hundred years earlier. The Baron put parents under a ten-pound penalty who failed to educate their children. He forbade a daughter to attend the sewing- school until she had been two full years at the public school. And on October 20, 1688, the judge, 6 sitting in judgment anent a complaint given in by the school- master, which the said judge taking into consideration, enacts, statutes, and ordains the haill tenants within the said barony, who have children capable to learn, to send their children to the public school between this and Tuesday next under the pain of ten pounds Scots for each failure. And that none of the said tenants or cottars that have daughters shall send them to any sewing-school within the barony, until they have had two full years reading at the said public school under the penalty foresaid of ten pounds.' Towards the teaching of poor scholars, the Baron granted a small additional fee to the schoolmaster. Passing now from matters educational to those ecclesiastical, it is found that the Baron in like manner supported the dis- cipline of the Church. And this may have been all the more public-spirited of him, seeing that the tradition of his House was markedly Covenanting, while at the period under consideration, the Church of Scotland was at the beginning of her second Episcopacy. Although the Church was now in possession of her highest power, and exercised an un- limited authority over the religious practice and professions of the community, still she owned a number of black sheep, people who were recalcitrant and tried to evade her discipline. 4 1660, November 26 : — The said Baron taking into his serious consideration how great necessity church discipline of this parish has of the assistance and concurrence of the civil magistrate and help of his authority interponed thereto, and how necessary the same is for the thriving of xxvi BARON COURT OF STITCHILL religion within this parish ; therefore the said Baron hereby judicially decerns and ordains his ordinary officer of the barony to put into execution all acts and decrees of the kirk- session against all persons whomsoever within this barony, and poind for all penalties and fines to be imposed by them, and take the extract of the kirk-session for his warrant/ It would seem from the frequent repetition of such minutes as those, that the minister and kirk-session, with the assistance of the Baron, did their best to enforce the obser- vance of the Decalogue. Their penitents underwent a severe and rigid discipline which sounds nowadays harsh and out of place. The Church had great faith in the power of shame ; so the stocks and the jougs, the cutty-stool and the fine, were the instruments employed for reforming the manners of the age. * The Session decreed that if she so offended a second time, her craig be put in the jougs. ' The minister of Stitchill was quite abreast of the times, and did not fall under the censure of the presbytery as did a neigh- bouring one, neither having sackcloth in store for penitents, nor yet an hour-glass to see that the sermon was of the proper duration. At the invasion of Cromwell in 1650 his soldiers beheld with surprise and disgust, Independent and Puritan though they were, the degrading sentences inflicted by the Church for offences which they deemed utterly trivial ; and in a burst of rage they swept away repentance- stools, jougs, and sackcloth habits. The kirk-session of Stow, among others, resolved to pause in the exercise of discipline till the latitudinarian strangers had returned to their English homes. The Rev. David Starke was minister of Stitchill at the time. One cannot tell now whether, in the language of the time, he was a ' very gracious .young man. 1 It is known, however, that when two years later prelacy was introduced, he conformed and remained in office as minister of Stitchill. INTRODUCTION xxvii Rae, the English naturalist, describes the public worship in the Church of Scotland in 1661. He says : 4 The minister in Scotland in the public worship doth not shift places out of the desk into the pulpit as in England ; but at the first coming he ascends the pulpit. They commonly begin their worship with a psalm before the minister comes in, who, after the psalm is finished, prayeth, and then reads, and expounds in some places, in some not ; then another psalm is sung, and after that, their minister prays again, and preacheth as in England.' The worshippers had stools and chairs for their own use, which they removed or left at pleasure. In some churches the women were forbidden to sit upon the forms which men should occupy, and were made to sit together. During sermon the people usually sat with their hats on, and at times even applauded the preacher. During prayers the congregation observed an outward reverence ; kneeling being the common posture. After the coup associated with Jenny Geddes, the clergy gave up the habit of reading their prayers (1638). Twice a day the Covenanting Army of 20,000 men, encamped on Duns Law in 1639, knelt simultaneously at prayer. In the times of which we are speaking, the extreme party, developing into Protesters, were favoured by Cromwell, and by their spirit, and also by the course they pursued, rent the Church in pieces, and materially assisted the restoration of Episcopacy in 1662, and drove many into conformity with it who had previously imperilled life and fortune for its overthrow a quarter of a century before. The Resolutioners were those occupying the middle way, standing between Popish and Prelatical polity ; and some of them, like Dickson and Baillie, died of broken hearts as they perceived the one extreme pave the way inevitably for the other (Sprot and Leishman's Common Ordei-). In connection with the church of such a parish as xxviii BARON COURT OF STITCHILL Stitchill, there were two points which call for notice — the stress laid upon the sermon as opposed to divine worship, and the frequency of fast-days. Long sermons were then in the heyday of their glory ; long prayers were more notable for their doctrine than for their devotion. Bishop Burnet, of a date a little later, probably with a spark of exaggeration, says, 4 The grace before and after meat they sometimes carried to the length of a whole hour/ In the sermon, 6 all that passed in Church and State was freely can- vassed. Men were as good as named, and either recom- mended to, or complained of, to God, as they were, or were not, of the same party as the preacher. The pulpit was a scene of news and passion/ The sermons were really, however, abreast of the times. In them the preacher gave the latest intelligence, and criticised the actings of all in power. The sermon took the place of the daily newspaper, and the preacher the place of the leading article. The technical name for it was 4 bearing testimony. 1 In Old Mortality, Mause Headrigg exclaims, 'And I say that, wi 1 this auld breath o 1 mine, and it "s sair ta'en down wi 1 the asthmatics and this rough trot, wi 1 this auld and brief breath will I testify against the backslidings, defections, defalcations, and declinings of the land, against the grievances and causes 0' wrath. 1 Bearing testimony supplanted the simple Gospel in those days. The clergymen's influence, too, often tended to intensify the divisive fervour of contention, rather than to promote moderation or wise forbearance. When Cromwell was in Glasgow in 1650, and went soberly to church, we read that Mr. Zachary Boyd railed in his face from the pulpit of the cathedral. Little wonder that the Protector did not relish that pulpit style; that on September 9, 1650, he wrote to the Governor of Edinburgh Castle, granting free liberty to ministers to preach, * but not to rail, nor under INTRODUCTION xxix pretence thereof to overtop the civil power or debase it as they please.'' Fast-days afforded an outlet to the expression of the religious feeling of that age. General Assemblies enjoined their frequent observance ; and presbyteries and kirk-sessions loyally multiplied them in their own bounds. A succes- sion of stormy winters, of bad harvests, of dear provisions, all on the one hand ; rapid defeats of their arms on all sides, the overthrow of the General Assembly, and the diminution of the power of the Church contrasted with the conspicuous evils of the country at large, turned the attention of men in extremity towards days of fasting, humilia- tion, and prayer. ' Atheism and ignorance of God, His Word and works ; looseness and horrible profanity in conversation ; despising and slighting of Jesus Christ, His word and ordin- ances ; neglect of family worship, covetousness, usury ; not renewing the Covenant; defection from the Covenant; im- penitency/ Such, in the exaggerated religious feeling of the stricter party, were the national sins of the time. And on their account fast-days were strictly enforced, as a nation's crv to God to avert His righteous judgments. The people had the heart and the honesty to acknowledge their crying sins, and were terribly in earnest. The same perfervid religious zeal which had led the grandsires of those men to endow monasteries, and confer privileges and lands on the monastic orders, that in turn led their fathers to the refor- mation of the Church, still burned within their breasts, made them 4 not vulgar ranters, or hollow hypocrites, but men terribly in earnest, wrestling with God for the salvation of their country and their Church. ' Names conspicuous for their zeal in the merit-roll of the Covenanters in the thirty years succeeding the opening of the Stitchill Records, show that 6 at this age of unparalleled corruption and moral depravitv, lived men, heroic, religious, and devoted, who, in the words of XXX BARON COURT OF STITCHILL their Covenant, endeavoured to be good examples to others in all godliness, soberness, and righteousness, and of every duty we owe to God and man. 1 The Kers, Pringles, Elliotts, Scotts, Riddels, Inneses, all ancient and renowned Border names, were in full sympathy with the principles of the Covenant, and exerted an undying influence on those living upon their estates. The memory of the heroic Henry Hall of Haugh- head, of Sir Patrick Home of Polwarth and of Richard Cameron, of Donald Cargill and of Alexander Peden amongst the ministers, the memory of their patriotism, of their public spirit and loyalty to their religious convictions, is what we would not willingly let fade. But at the time of which these Records treat, they were in the very flower of their lives, exercising a powerful influence on the lives of the Border people. A famous name associated not only with the con- joined parishes of Stitchill and Hume at that time, but well known also as far up Tweed as Peebles and on to Lanarkshire, was that of William Veitch. For twenty years he was an outcast, preaching, harried and hunted during all that time from the Scottish to the English Border and vice versa. About 1676 he is mentioned as meeting at Hume with the field-preachers and country gentlemen, who were sentenced to be fined heavily if they permitted conventicles to be held on their estates. He frequently also conducted the celebrated conventicle at the Blue Cairn, between the Gala and the Leader, which after several years was removed to Fogo Moor. But it proved to be both the first and the last day of having a field meeting at that place, for on that very evening several troops both of horse and foot, coming from Haddington through the Lammermuirs, scoured the parishes of Gordon and Hume in search of Veitch. He escaped at the time, although the troopers passed the very place of his concealment, the house of Queenscairn in Stitchill, where the dowager Lady of Stitchill was residing. This brave Scots gentlewoman was the mother INTRODUCTION xxxi of that militant Covenanter, Walter Pringle of Greenknow, second son of the laird of Stitchill, who shared the perils, the fightings, and the persecutions of those killing times. The tone of the lairds of Stitchill, when the Records open, was markedly Covenanting ; it became a tradition of the family ; and at a later date the head of the family originated the Secession (1732) in the parish from the Church of Scotland. Among the farmers, tenantry, and cottars of the parish of Stitchill one does not meet with any Covenanters, although some there must have been who attended the conventicles. Perhaps the spirit that induced their minister, Mr. Starke, to conform to Episcopacy leavened them also, and they silently accepted the new order in the Church. Perhaps, too, the influence of the Earl of Home, a zealous royalist, the chief territorial magnate of the district, eclipsed the natural in- fluence of the Pringles of Stitchill, and prevented both minister and people from acting otherwise than they did. One cannot tell now ; but from the Records of that date one may infer that the minister, whether as Presbyterian or Episcopalian, satisfied the spiritual feeling and craving of the people by his ministrations. Passing now to lighter matters, how did the cottars pass their leisure ? From the Record of the last day of January 1658 we learn that the great bell summoned them at four in the morning, and that evidently in the depth of winter, and again it rang them to rest at eight in the evening. This latter was a survival of the evensong bell of the Roman Catholic phase of the Church : — f This battell began in Chyviot, An hour before the none, And when the evensong bell was rung-, The battell was not half done.' The following lines of a different character give an idea of xxxii BARON COURT OF STITCHILL some of the methods in which the cottars of Stitchill passed the time : — • On a winter's night my grannum spinuiu' To mak a web o' gude Scots linen, Her stool being placed next to the chimley, For she was auld and saw richt dimly. My luckydad an honest Whig Was telling tales of Both well Brig ; He could not miss to mind th' attempt, For he was sittin' pu'in' hemp. My aunt, whom nane dare say has no grace, Was readin' in the Pilgrim's Progress ; The meikle tasker Davie Dallas Was telling blads o' William Wallace. My mither bade her second son say What he'd by heart o' Davie Lindesay. Our herd whom a' folk hate that knows him. Was busy huntin' in his bosom. The bairns and oyes are a' within doors, The youngest o' us chewing cinders, And all the auld anes telling wonders.' Regarding the literature available to the commons of Scot- land, a list has been left for our information bv the author of the Complaynt of Scotland, referring to the period a century previous to the opening of the Records of Stitchill. There are fifty works in all, including the Chronicle* of the Lives of the Saints, Chaucer, Barbour's Bruce, Blind Harry's Wallace, Mandeville's Travels, Douglas's Palace of Honour, Dunbar's Golden Targe, etc. The names of some of their songs are also given, and include some known to ourselves and others not now recognisable : 4 Pastance with gude companye,' said to have been by King Henry vm., 4 Still under the lewis grene,' * Cou then me the raschis grene,' 4 The Frog cam to the mvl dur,* 4 0 lusty May with Flora quene,' and the 4 Battel 1 of Harlaw," now only extant in Ramsay's version of the 4 Huntes of Cheviot.* A few of their dance airs are enum- erated, such as 4 All Christian Men's Dance,' the 4 North of Scotland,' 4 Hunt's up,' 4 Robin Hood,* 4 Tom of Lyn," the INTRODUCTION xxxiii 6 Gossip's Dance, 1 6 John Armstrong's Dance,' the 4 Schawman Dance,' etc. And their musical instruments, on which these melodies were played, were a drone bagpipe, a trump, a corn- pipe, a recorder, a fiddle, a whistle, etc. (Ross, 261). Athletic games among the rural tenantry were probably not very popular. Football, handball, and archery may have been the commonest. But regarding the last of these, its practice had to be compulsorily insisted on by Act of Parlia- ment ; and when such means even were not very successful, the potency of ridicule and satire was attempted by the poets of an earlier time, notably the kings James i. and v., in such poems as 4 Peebles to the Play 1 and * Christ's Kirk on the Green.' Large gatherings from wide distances frequented their matches, indeed those were the means of collecting at times a large army unobserved. Thus when Sir Robert Carey was Warden of the Eastern Marches, he received information of a football match at Kelso. He found that his restless neighbour of the Middle Marches, Sir Robert Ker, was there with the 6 chief raiders.' This was sufficient to excite his suspicion, so by a timely alteration of his plans he saved the lives of a number of his men and prevented much loss of pro- perty. In the year 1600 Sir John Carmichael, Warden of the Middle Marches, was killed by a band of Armstrongs on their return from a football match. During the Commonwealth, when these Records begin, all manner of public festivals was severely discountenanced, Christmas or Yule, Pasch or Easter, and the observance of all saints' days was censured both by Parliament and by the General Assembly. Marriages were happy blinks of sunshine in the perpetual dreary round of fastings and days of humiliation. And being so, they could not fail to attract the attention of Parliament and the General Assembly. Acts, ordinances, injunctions and recommendations against both the merriment and the expense were launched one after c xxxiv BARON COURT OF STITCHILL another. The struggle was sharp and severe, and lasted long ; but such ceremonies as riding the braes, described by Burns, and creeling the bridegroom, lasted down almost to the present day. But the spirit of those early Covenanting times was against them all, and the Baron's Court had up the offenders frequently before its outraged majesty. Marriages, baptisms, and funerals were put under severe restrictions. The baron ordained that those celebrations were to be solemnised in a sober, decent manner, and that at marriages, besides the marrying persons and their blood relations, there shall not be present, nor meet on that occasion, above four friends on either side. And neither the bridegroom nor the bride, nor their parents nor relations, tutors or curators, shall make above two changes of raiment at that time. The penalties were : for landed persons one- fourth of their annual rents ; those not landed were liable in one-fourth of their moveables : burgesses were to be fined not more than five hundred merks ; and persons of the meaner sort one hundred merks. And if the number of guests exceeded the limits mentioned above, the master of the house was liable in five hundred merks. For baptisms four outsiders only were permitted to be present. If the marriage dues were not settled within three days, the schoolmaster, as session clerk, was to receive other five pounds. And even so late as 1702 there occurs a Minute of the Baron Court anent supernumerary marriages, and entertaining more guests thereat than the law allowed. The Minutes of the Presbytery of Haddington and Dunbar, of date May 7, 1647, asserted with regard to penny-weddings that ' the paving of extravagant sums of twelve shillings for a man, and eight shillings Scots for a woman, that is, one shilling and eightpence sterling respectively, is the cause of great immoralities of piping and dancing both before and after dinner and supper ; moreover, loose speeches, singing of licentious songs, and INTRODUCTION XXXV profane minstrellings in time of dinner or supper tends to great debauchery. Through all which causes pennv bridals, in our judgment, become seminaries of all profanation/ For piping at bridals, Adam Moffat, piper, was by the kirk- session at Ashkirk, on November 16, 1638, ordained the next Sabbath to stand at the kirk door with a pair of sheets about him, barefoot, and bare-legged, and after the people are in, to go to the place of repentance, and so to continue Sabbathly, during their wills. The General Assembly in- hibited also promiscuous dancing. All over the Border district the rural population appears to have delighted in song. Peeblesshire may have been the exception, because Dr. Pennecuik, who practised in that county, relates how one might journey long enough, and not hear a ploughman whistling at his work, nor a dairymaid singing at the milking. But the existence of the old ballads, and of the old airs, recovered and preserved by Burns and Allan Ramsay, proves the contrary for all the rest of the Border country. Sang schools too had been in existence at the time of the Baron Court Records for over a century ; they were a revival of the sang schools of the Roman phase of the Church of Scotland. These not only 6 stimulated the study of music in Scotland, but secured greater efficiency in congregational singing.* We find as many as two thousand people singing the second version of the 124th Psalm to the very music to which it is still sung, and able to do so with a harmony of four parts. A negative proof of this love of song is to be found also in certain Acts of Assembly, which forbade under penalties the singing of profane, licentious songs and ballads. In fact certain ministers, such as the Wedderburns, made a well-intentioned effort to wed healthier sentiments to those popular airs and choruses — 1 to turn the tunes and tenour of them into godlv songs and hymns.* To the popular melodies, new verses of a pious character were xxxvi BARON COURT OF STITCHILL added. If they did not further piety, they have served this end, that the obscene songs which they supplanted have disappeared ; and their airs, low and debased as many of them are, survive. And they do not permit us to forget that love of song and music which made the Borderers maintain their piper and their harper. Minstrel Burn was the last of the latter ; and probably Sir Walter had him in his mind when he composed The Lay of the Last Minstrel. Sir William Alexander and Drummond of Hawthornden were the poets of this period ; its prose writers, especially in the domains of Church history and ecclesiastical subjects, being Baillie, Spottiswoode, Burnet, Rutherford, Guthrie, and Leighton. It must be kept in mind that in the Borders during the Covenanting period, songs and ballads were fewer than in the succeeding age. After the passing of the iron rule of Cromwell, when the Restoration was accomplished, a renaissance occurred, which attained supreme development in the times following the risings of the Fifteen and the Forty- five. The choicest ballads and melodies were then created. Sung at happy gatherings, printed on broadsheets, picked up by the children, crooned over by old carlines, happy in their youthful audiences, these songs and ballads lived to the times when Percy and Sir Walter Scott, and other collectors of our floating minstrelsy, saved them from dropping for ever into the quicksands of time. Most familiar then, and certain to be chanted at the ingleneuk, were the exploits of some neighbouring chief of the Douglas, the dead man that won the field of Otterburn ; or that of Jamie Telfer o" the fair Dodhead, in which the old wild spirit of the Border foray is masterly portrayed ; or, again, that of the daring rescue of Kinmont Willie from the castle of merry Carlisle by the bold Buccleugh fifty years later. Songs of lighter tone, like * Tamlane, 1 or others of melancholy cast, like the 4 Dowie Dens of Yarrow,' were heard within those lowly INTRODUCTION xxxvii cottage walls. Fairy-tales and superstitious stories were enshrined within those beautiful ballads. Thomas the Rhymer was the Merlin of that region. But higher up Tweed, by Drumelzier haugh, Merlin Lailoken prophesied himself Once again. The tales and ballads became Cymric, not Border. The place-names, too, remind one that the British tribes inhabiting that part of Strathclyde brought with them their folklore and traditions of King Arthur, and Merlin and their great chief Vortigern, and the great peace apostle Kentigern. But this is a digression. Saddest and most touching superstition of all was that of witchcraft. Here in the Baron Court Records may be read the reference to a man threatening to inform upon an old woman, in order to procure her own death by burning, and to consign her house to the flames. Within a mile or two of Stitchill Manse the tree is still pointed out which grew close to the site of the last witch-burning. On the road to Nenthorn, on the opposite side from Stitchill glebe, is a hollow on the roadside popularly spoken of as the Witc!^ Hole. Suspected persons were thrown into those pits full of water ; if the body floated, the person was guilty ; those who sank were pronounced innocent, but allowed to drown. In August 1661, John Rae mentions that during that month one hundred and twenty women were burnt as witches ! For the two hundred years during which a belief in witches pre- vailed, nearly eight thousand persons were cruelly immolated. Witches were charged with a variety of offences. They were accused of stopping mills; as boulders, of impeding the plough; of riding upon the wind and foundering fishing-boats ; of transporting themselves through space upon broomsticks ; of casting the evil eye or glamour over a person, leading to illness, death, or misfortune ; and in general with an intimacy with the evil one. The Church and the courts of law unquestionably accepted witches and their craft as an xxxviii BARON COURT OF STITCHILL existing evil and power ; and the Protestant Church of Scot- land in this matter has its roll of martyrs as long or longer than the Church had in its Romish phase. There was also the belief in the return from the dead. The Borderer could not bring himself to believe that the grave formed a real break in the continuity of the essential life of man. He passed only from the visible to the invisible, and naturally might still take an interest in the affairs of the world he had left. Now it was to expiate a deadly sin ; or to recover a troth ; or on account of dis- quietude with the voice of grievous mourning. Full of pathos, of beautiful, exquisite poetry, are such scenes con- ceived as may be read in such a ballad as the ' Wife of Usher's Well/ And in speaking of death, one is reminded from those records how in Scotland a body must be wrapped in linen, but in England in woollen, as the chief manufactures in the respective countries. In the reign of Queen Anne, however, it was decreed that every one should be buried in woollen ; and ministers were appointed to attend the placing of the body in its coffin, not specially for the purpose of com- mitting it therein with a religious service, but in order to see that the law in the above respect was carried out ! Such are some of the manners, customs, and events described in the records of the Baron Courts of so little renowned a place as Stitchill. Yet they are full of interest and charm, as signs of the progress made by our ancestors to a nobler and fuller life, signs of the struggles, the victories, and the defeats of our ancestors. They form no trivial possession ; they afford us no puerile study, no lifeless pursuit. Thev are traces of that past which has made way for this present — traces of the men by whom we live, of the ideas they held, and the work they performed ; of men like us, worthy or unworthy their position in the INTRODUCTION xxxix history of the world, and in the destiny of mankind. Surelv this whole field of study is full of interest in its bewilder- ments, and confusions, its ceaseless strivings, foreboding fears, and almost hopeless hopes ; full of interest in the height of the attainment to which it shows we have CD attained, and in the vision of that higher and more ennobling future which still holds our soul in rapt desire and mighty endeavour. Such a past then is not dead and buried, lifeless and annihilated : peopled by abstractions of men, by ghosts ; but, using the forcible words of Carlyle, bv 1 men in buff or other coats and breeches, with colour in their cheeks, with passions in their stomachs, and the idiom, features, vitalities, of very men.' GEORGE GUNN. THE MINUTES OF THE BAROX COURT OF STITCHILL The firste Court Barron holden at Stitchell upon the aught (i) day of Janv. jajvi 0 and fyfty fyve yeires, be the Right l6s5 ' JaR ' 1 worthy Walter Pringle of Green Know, 1 In name of and haveing full power and commissioun fra the Right worthy Robert Pringle of Stitchell, 2 Barroun and heretable pro- prietor of the Lands, Parochin, and Barrony of Stitchell. Court lawfully fenced and affirmed. The qlk day the haill tenents and coatters within the Barrony of Stitchell being all lawfully wairned and called, compeired all personally and tuike Instruments of their compeirance. The qlk day also the said Judge [in compliance with the] Act for holding of Barroun Courts in Scotland hes elected and chosen fvfteen famous honest men of whois fidelity and qualificatioun he has assurance to pass voyce upon Inquest or The inquest. 1 He was the second son of Robert, the first laird of Stitchill. The elder son, John, predeceased his father, Robert, the first laird, leaving a family of eight children. The eldest of these was Robert, the second laird of Stitchill, and later, the first baronet (created 1683). Walter of Greenknow, uncle of the young laird Robert, had been living for five years at Stitchill House as curator of his deceased brother's children, ever since the Battle of Dunbar, at which he had been present. He continued at Stitchill House until November 1656, and thereafter went to Torwoodlee, the home of his wife. He is known as the Covenanter, and left behind him a manuscript memoir of his adventures and religious experiences for the use of his children, published by the Wodrow Society in their volume of Select Biographies. 2 Second laird and first baronet, succeeded to Stitchill on the death of his grandfather in 1649. He inherited Newhall in 1667, on the death of Robert of Newhall ; was created baronet in 1683. His wife, Margaret Hope, daughter of Lord Craighall, had nineteen children, of whom one was Sir John, the second baronet, and her second became Sir Walter of Lochton, knight, Lord Newhall. A THE MINUTES OF THE [i655 Bourlawmen. Swine on Commons. Wounded soldier from Dunbar. Jury in all matters questionable within the said Barrony, viz.. Win. Haggeard, John Donaldsone, Adam Haggeard, Robert Hamiltoune, John Lowry, Richeard Guttraw, James Campbell, ab.. Thomas Lambe, ab., Alex. Lowry, Abhm. Smvthe, Ede ffrenche, Andw. Nizbet, Wm. Haggeard, Ed. Hamiltoune, James Lamb, ab. The said fvfteen famous honest men compeired all person- ally and gave thair aithes of verity for faithfull and lawfull administratioun of thair office in all matters questionable and debateable to the best of thair knowledge In all tyme comeing without favor or haitred. The qlk day also Andro Giffen, John Donaldsone, Adam Haggeard, Robert Hamil- toune, John Lowry, Richeard Guttraw, Henry Hopper, Thomas Hamiltoune, Thomas Lambe, are elected and chosen to be Bourlawmen. And with advyse and consent of William Nizbet factor of the said Barony to desyde all matters questionable and debaitable among neybors and to impose Stent and publick Impositions and to desyde the samyn equally and proportionally without partiality conforme ilke anes severall possessioun, with powr to any twa of them with the said William Nizbet ffactor forsaid to convein, stent, desyde and decerne efter mature deliberatioun. 1 The qlk day John Smvthe is elected Bourlaw Officer, his aith de fidel'i administratione officii. The qlk day it is statute and ordained that na swyne be seen in any Comoun of the town fra the tent day of May untill the first day of the teynding 2 be past yeirly under the paine of twentie shillings and that non of them be seine or found on the Commouns or growing corne betwixt the said dyets under the paine of foure pundes. Also the haill tenants are ordained to be stented be the said 1 The inquest or jury of fifteen men and the bourlawmen were elected by the judge himself ; the former to administer that office in all matters questionable and debateable ; and the latter, under supervision of the factor, to settle ques- tions among the neighbours and to impose stent and other public assessments. 2 This was the ingathering, by the owner of the teinds or tithes, of every tenth sheaf of grain as it stood in the stook on the completion of harvest, and before leading-in began. Tenants were not allowed to remove the crop till the teind-sheaves were drawn, and, as a further protection, swine were to be kept off the commons between the completion of sowing and the teinding of the reaped harvest. 1655] BARON COURT OF STITCHILL 3 aught stent maisters for payment to Thomas Quhyte 1 of Ten punds Scots for his relieffe at the handes of Andro Pringle for tym cumeing of his wounds received be him at Dunbar Battell being putt furthe for the haill Barrony and the officer is ordained to poynd the recusants and dissobeyors propor- tionably. The ffourthe Court Barroun 2 holden at Stitchell Kirke upon (2) the twenty twa day of Marche jajvi c and fyfte fyve yeirs Be l655 ' M * the said William Nizbet in name of the said Robert Pringle, Barroun of the said Barrony. The qlk day Andro alias David Haggeart, is decerned Claims to pay to Thomas Pearsone in Nenthorne Burne Brae that haill apprysed corne 3 awand claimed be him efter the deposi- tioun of the Bourlawmen in Nenthorne for clearing or verifie- ing theirof, and thairefter ordaines the officer to poynd and make payment accordingly and assolzies the defender off the claim for eatten grasse. Issobell Turnbull is decerned to pay to Edward Hogge for Fee. fee awght punds three shillings with a paire of new hoase or tua elles of plaid in, becaus verified by his oathe. William Hoggeart is decerned to pay to James Lam be fyfty three shillings. The qlk day James Wood, younger is decerned to pay to Claims. Robert Hamilton qlk was arrested in his hands for his father nyne punds ten shillings for apprised grasse with three firlotts of oates and foure fulle of aits destroyed eatten be 1 Thomas Quhyte had been sent forth to the Scots army as the representative of the whole barony. He, like the laird's uncle, Walter, who was holding this court, had been present at the Battle of Dunbar on September 3, 1650, and had been wounded. This payment would correspond in the present day to a commuted pension for all time coming. Note the error, eight stentmasters being mentioned, while nine were elected. 2 This court, over which the factor as commissioner of the baron presided, was held at the parish church, the predecessor of the present building (1905). It is called the fourth court, but was probably the second, as it is not likely that other two courts were held between 8th January and 22nd March, which is the date of this minute. 3 Apprised corn was corn which, having been damaged by trespassing animals, was now valued as to the loss incurred by its owner. Another claim, this time for grass, eaten also by trespassers, had not been proved. Nenthorn is the parish next to Stitchill, 4 THE MINUTES OF THE scandal, 20s. himselfe with uther thre fullcs of aits the pryse of the haill come be the Inquest is modified to be six punds sixteen shillings. 1 James Blaikie is decerned to pay to William Hoggearth twentie foure punds confest by the defender. Barbara Learmount is decerned to pay to Jon Lowry 41ib. William Lowry is decerned to pay to Barbara Learmount, confest 50s. Blasphemy and Thomas Bowtoun, Euphean Lambe, Margaret Muirehead, George Smith, and Margaret Eliot are unlawed in ilke ane twenty shillings Scots to be imployed ad pios usos for blas- phemy and scandall. Andro Giffen is decerned to pay to Robert Talzeor nyne punds sixteen shillings and assoilzies the defender of the rest of the claime. (3) The Set and Barroun Court holden at Stitchell Kirke 1635, Aug. 18. on ^ e aW ght eeil Jay 0 f August 1655 yeare be William Nisbet ffactor and Chamberlaind of the said Barroun and having full power and commission fra the said Robert Pringle of Stitchell Barroun foresaid for that effect. The qlk day the haill tenants of the said barrouny being called, compeared all personally. Drunkenness, The qlk day the said ffactor and Judge takeing in his serious consideratiouns the great disorders and abuse within this Barrouny be excessive drunkenness, scandal, sensuality, mocking of piety and such uther heynous and God-provoking sinnes and offenses Thairfore conforme to ane Act of Parliament made at Perth upon the 7th day of August 1645 years and ratified be ane uther Act of Parliament of the dait the 13th 2 ffebruary 1649 yeares Doe statute enacte, and ordaine and decerne that non within the Barrouny and Jurisdictioun drink excessively nor be sensibly drunke nor known to be drunk nor use filthy nor scurlus speiches and that non mock at piety under the paine of Ten shillings Scots toties quoties. 5 1 ' Eatten be himselfe ' means that the oats had been eaten by his animals, in addition to grass eaten by the animals belonging to his father. 2 The Acts of Parliament referred to are — 1645, c. 49 (vol. vi. pt. i. p. 458) and 1649, c. 97 {ib. pt. ii. p. 174). 3 This minute is an example of the strictness of the morality insisted on under tc i655] BARON COURT OF STITCHILL 5 It is statute that non curse swear or blaspheme under the paine of Ten shillings Scots toties quoties without modifi- catioun. The qhilk fynes and amercearnents and penaltyes is to Fines go to be employed for their Table uses be the advyce of the Minister Kirk Session and Members of Kirke-Session and by and attours thair Kirkes cervice, and ordaines the said awght men to take notice for observeing heirof. The qlk day William Hogearth elder conforme to ane Act of Kirke-Session produced is ordained to pay to the said Session to be employed ad pios usos Three punds Scots. Issobell Turnbull is ordained to pay ad pios usos for scold - Scolding, ing 40s. John Henreson is ordained to pay fourty shillings. Margaret Muirehead is decerned to pay twenty shillings to the Kirk Session to be imployed for the use of the poore because the Act of the Kirk-Session was both instructed be production of the Session Buikes and verified be the Elders, thairfore the said ffactor ratifies and approves the said Act of the Kirk-Session thairanent. Crystan Scott is decerned to pay to Isobell Lowry and John claim. Galbraith her spouse for his interest Twentyfour punds Scots money becaus the said defender compeired judicially and con- fessed the said claim. The Ground-maister being first payed. The qlk day Andro Eiffen is decerned to give and delyver to William Hoggearth fyfe bolles of sufficient beir Kelso- measure unpayed of Twenty-ane Bolles conformed to his awin subscrived tickett. The Heid Barroun Court halden at Stitchell Kirke the 27th (4) day of November jajvi c and fyfty and fyve yeirs Be the said 1 j5 ' ° v ' ' William Nisbett ffactor haveing full power fra the said Right worthy Robert Pringle of Stitchell Barroun for that effect. The qlk day Eupheam Lambe, Isobell Turnbull, and Janet slander 20s. Johnstone, are decerned to pay to the Kirke-Session ad pios the Commonwealth. The minister was the Rev. David Stark, M.A. He con- formed to Episcopacy after the Restoration, and continued until 1683. The fines were to be devoted to the church for table uses — i.e. communion elements— also for pious uses, and for the use of the poor. Delinquents had to thole the censure of the church in addition to the payment of those fines. 6 THE MINUTES OF THE Schoolmaster. Accounts. Ale. usos ilk ane twenty shillings for slander conforme to the Act of the Kirke-Session and recommends the modification thair- of to the members of the Kirke-Session. Also that the haill tenants within the Barrony are decerned to pay proportionally to James Lennox schoolmaster in Stitchell Twenty shillings Scots money yeirly during his service in tyme comeing at the Teirme of Mertimas and authorises his Barroun officer to poynd and distreinzie the failziers thairfor towards of payment being first terme and byepast. James Blaikie is decerned to pay to Robert Bromfield tailour in Home 1 for grazing seventeen punds twa fulles beir and a full of peise and ordaines Henry Hopper Robert Lillie and Richard Gottraw to take tryall thairof In respect of the defender present seikness and continues the reste of his claime to the nixt Court. James Blaikie is decerned to pay to John Lowry Ten punds and fyve shillings and ordains James Donaldson and Adam Hoggart for to heir all compts cleared betwixt the Defender and Issobel Pringle and ordains the Defender to pay to quit his awdit and finds that the said auditors are appoynted to clear whither James Blaikie be awand to James Wilson, merchant threttean punds Scots money conforme to his lybell with a bolle of kylle-dryed peis and efter thair report decret to be extracted against the defender. Alexander Lowry is decerned to pay to Anna Brommfield fourteen punds for aill confest be the Defender the ground- maister being satisfied first, her being payed efter. (5) 1656, June 19. The stocks for unproved case. The fFyte Barroun Court halden at Stitchell Kirke upon the nynteen day of Junij jaj vi c and fyfty six yeirs forsaid be the said William Nisbet ffactor in name of the said Robert Pringle Barroun of the said Barrony. The qlk day being ane Heid Court the haill tenants, coatters in Stitchell being all called, compeared personally and took Instruments. Agnes Blacke confest said Adam Lowry did fell her hen and make use of it and could not sustaine the same 1 Home, three miles to the north-east of Stitchill, was united ecclesiastically to Stitchill. It is pronounced Hume. 1656] BARON COURT OF STITCHILL 7 be probatioun or otherways, qrfore she is ordained to stand The Stocks, in the Stockes and pay unlaw, by and attour the Kirke censure. William Hoggearth is decerned to pay to Marioun Cossars Claim, twalve punds sixteen shillings with a load of coalles efter just compt and reckoning in presence of John Lowry and Richeard Guttraw within fyfteen days next efter this Court. The qlk day George ffrenche is decerned to pay to Agnes Bairnesfather for fees aught punds Scots confest. The Sixt Court Barroun halden by ye said ffactor in name (6) of the said Laird and Barroun. The qlk day Anna Clapertoune and Alexander Lowry re- ferred and submitted themselves bothe to the Decreit Arbitrall of Adam Hoggearth, Jon Donaldsoune, Robert Hamiltoune, William Hogge, Arbiters, and William Nisbet, ffactor, Odsman, anent claimes and matters questionable betwixt them. James Blaikie is decerned to pay to Richeard Guttraw twenty Debt, punds principall becaus called and not compearing is holden as confest and the reality of the debt verified be witnesses. James Donaldsone confest he comitted accidentally in his Assault ^10. own defence blood fistulo upon John Smythe, Bourlaw Officer, and submits himself in the will of the judge qrfor he is un- lawed in ten punds without modificatioun. That blood aledged by the Pror. ffiscal to be comitted be chancellor Issobell Turnbull upon Bessy Aitchiesons is referred to the of Inc i uest - Inquest and the Inquest being all inclosed did all in ane voyce elect James Campbell, Chancellor of the said Inquest. The said Chancellor and Inquest all in ane voyce without Assault ,£10. variance or difference finds and decerns the said Issobell Turn- bull to be guilty of committing the said blood accidentally, but not by presumptioun nor certain knowledge qrfor the said Issobell Turnbull is unlawed in ten punds without modificatioun. Allisoune Hamiltoune and George Pattersoune her spouse are absolved of that quey acclamed fra them be George Hamiltoune hir father because the pursuers failzied in their probatioun. Ailisoune Hamiltoune and George Pattersone are decerned to pay to George Hamiltoune hir father, cleared be this Inquest, nyne punds. 8 THE MINUTES OF THE [1656 (6 continued) 1656, Nov. 13. Harvest fee and Bountitb. Eaten corne. Auditors. Kiln. Pundler. (7) [657, Feb. 9. Lady Stichill. Claims. The Sixt Barroim Court holden at Stitchell Kirke upon the thretteen day of November jajvi c and fyfty six years be ye said ffactor in name of the said Barroun. The qlk day James Blaikie is decerned to pay to Thomas Ingles in Hume for harvest fee, and Bounteth, fourteen punds, twa fulls beir and halfte a full of peis, and contineues extract qle Henre Hoggeartli and Wm Scot heir the defender of his just absence. The qlk day it is statute and ordained that all eatten corne be the neighbour or others be persewed within yeir and day after the date thairof with all expenses bestowed in persewing thairof in tyme cumeing gif Justice be not vaicand for the tyme or other way, persewers not to be heard and all the expenses to be payed be the defender. The qlk day John Lowry, Adam Hoggearth, and John Donaldsone, are appointed to be auditors to the claimes given in be James Wood against Robert Hamiltoune and James Blaikie and others and they efter trew tryall to decerne against them lyable and payable to the said perse wer as if it were done judicially within fyfteen dayes. The qlk day William Hopper is decerned to pay to Thomas \ air for fee sixteen punds qrof to be deduced for fyreing of his Kylle in his drunkennesse six punds so reste ten punds. John Donaldsone is decerned to pay to Issobell Turnbull fyve full of oats or fyve punds for the pryce thairof. The qlk day James Hall is elected Pundler 1 or Bourlaw Officer, who deponed his aith de fideli administratione officii and ilke lande in the Nethertoune to pay to him yeirly a full of aits only. Seventh Court Barroun holden at Stitchell Kirke upon the nynt day of ffebruary 1657 yeirs be the said ffactor in name of the Barroun foresaid. The qlk day the haill persones lyable in payment of the remains of the Castellwairds are decerned to pay conform to the lybell given in be Robert Dickson servitor to the old Laidy 2 and also these who are restand thair proportione of fyfty foure punds are decerned to pay yr severall proportiones. William Lowry is decerned to pay to Maissie Hunter 1 A distrainer or poinder. 2 This would be Katherine Hamilton, mother of Walter the Covenanter, and grandmother to the laird Robert Pringle. 1 647] BARON COURT OF STITCH ILL 9 confest 31ib. I6sh. William Nisbet is decerned to pay to William Hoggearthe declaired be John Lowry elected be 51ibs. Id. Andro Giffen is decerned to pay to George Cran- stoune in Nenthorne of the superplus of twa horse fyve punds 4ar her husband are absolved of a fulle of bier expenses in going out of Barrony with thre punds for a queys food Sumer and Wintar with some of his meir acclaimed to him cleared be the said Alisounes oathe. George Smithe is decerned to pay to James ffairbaime 41ibs. James ffairbaime is decerned to pay to George ffrenche for a veirs maille of a house fourty shillings with. . . . Heid Court Barroun holden at Stitchell Kirke upon the (8) eleventhe day of July jajvi c and fvfty and seaven yeirs, be the l6i7, ^ said William Nisbet ffactor forsaid and in naime of the said Robert Pringle Barroun above descrybed. The qlk day the haill tenants and coatters being all lawfullv wairned to this Heid Court called and compeared and tuike Instruments of thair compeirance. The qlk day the said ffactor and Judge haveing heard the Assault £ clame and lybell given in by James Lennox, Pror. ffiscal of this Court against George ffrenche and Thomas Quhiggen- shail his servant for blood committed be them upon others the said George ffrenche compearing confest the commited blood upon the said Thomas with his hande without any militar weapons less or mair he being provoked thairto be the said Thomas as was clearly understood be the said Judge, thair for the said George unlawed and amerciat in twentie (inlawed, foure punds and the said Thomas called and not compear- ing qrfore he is unlawed and amerciat in twelve punds for blood wyte and wilfull absence. The qlk day John and Thomas Henrysones are unlawed in 10 THE MINUTES OF THE Riot 40s. Grass maill. Mill-stone silver. Holding plough. Eaten Fee. Law Burrows. fourty shillings for Ryot and straickes committed be thaim upon Margaret Dicksone and the said Margaret is amerciat in twenty shillings for provoking them thairto. George ffrenche is decerned to pay to Marke Urmestoune in Smail- holme 1 confest be the defender twelve punds 13s. 4d. of peise and the Bolle yrof. The qlk day James Wood now in Harlaw has willingly enacted himselffe to compeare at next Barroun Court and instance by the just pursuite of Robert Lillie smythe in Stichill and bothe by the just decret thairof he being law- fully wairned be the officer else to be holden as confest not- withstanding he be moved out of the Barrouny. George ffrenche is decerned to pay to James Wood in Harlaw aught merkes for grass maill with twelve sh. and 8d. for myllestane silver. Thomas Lambe is decerned to pay to the said James Wood confest by himself foure merks. John Welshe is decerned to pay to William Nisbet proven be wit- nesses for holding of ye pleughe fourty shillings. Adam Quhyte is decerned to pay to William Nisbet yearly dureing that possessioun of that land possessed be him for a soumes grass 40s. James fFairbairne is decerned to pay to James Hamiltoune proven be witnesses fyfty shillings. William Hoggearth is decerned to pay to John Donald- sone for his proportioun of eatten come twenty six shillings 8d. or the trew pay of a bolle of aits. William Moffat is decerned to pay to James Alexander for fee to his nephew foure punds 13s. 4d. with a pair of old hose or 8d. for the pryce. The qlk day George Hamiltoune is becum cautioner Sew- ertye Law Burrows for Margaret Dicksone his just spouse that John Henrysone his wife, Bairnes and others pertaining to him that he be harmeless, skaithles of the said Margaret on body gudes or name and the said John Henrysone is becum acted and bunde that the said George his spouse and ye 1 One of the many branches of the Pringle family had been long settled at Smailholm, about five miles west of Stitchill. John Pringle of Smailholme, youngest son of David Pringle, slain at Flodden, married Margaret, daughter of Sir James Gordon of Stitchill and Lochinvar. 1658] BARON COURT OF STITCHILL 11 foresaids shal be harrnles and skaithless of him or any of his directly or indirectly in all tynie earning ntherwayes nor be order of law and justice under the pane of twenty punds. It is subscrybed George Hamiltoune. Tho Pearsone Noty. Pub. Court Barroun holden at Stitchill Kirke upon the thyrd day g of October jajvi c and fyfty seaven yeire be the said William l6 57. Oct. Nisbet ffactor in name of the said Ryt Worthy Robert Pringle of Stitchell Barroun forsaid. The qlk day it is statute, enacted and ordained that all these fyfteen men elected for the Inquest be all personally present at ilke Barroun Court, and that non of them be absent without a lawful excuse given be them twelve hours befor Court under the paine of twelve shillings for ilke failzier. George ffrenche is judiciallv absolved of that persuit be Absolved. Thomas Quhigginshaw for releiving him of any unlaw or amerciament becaus Robert Lillie and Thomas Lambe, as witnesses for baithe parties being sworne and examined de- poned they never heard the said George ffrenche promise to due. The qlk day Richard Guttraw is decerned to pay to John Thompsone, wobster be oathe of the persewer 80s. Scots. Issobell Turnbull is decerned to pay to William Turnbull Fee £5. 10. her manservant for bygane fee fyve punds lOsh. with a new harden shirt. The qlk day it is statute, enacted and ordained that all persewers cause summoned and wairned the defenders within this barrony the day befor the Court (unless they be strangers). The qlk day Robert ffairbairne is elected ane of the Inquest who gave his oathe dcjideli administratione officii. Heid Barroun Court halden at Stichill Kirke upon the 19 (10) day of Jany 1658 be the said William Nizbet ffactor in l6 ~ ;8 ' Jan> name of the said Robert Pringle, Barroun. The qlk day the haill tenants and coatters within the Barrony of Stitchill being all called and compeired personallv and tuike instruments of their compeiring. The qlk day Andro Giffen is absolved of that twelve lib. acclaimed fra him be William Hopper for eatten corne becaus the persewer failed next probatioun. 12 THE MINUTES OF THE [1658 The qlk day the said Judge having heard the claim given in be James Lowry against George Hamiltoune as Intromettor with the guids and gear of the deceast Issobell Johnstoune for Kayue hens. the payment of 31ib. with 4 kayne hens for the maill of a coatt hous for a yeire set be the persewer, and possest be her. The claim being verified by Robert Aimer and Issobell ffall- syde who deponed on thair aithes of the treuthe of the samyn qrfore the Judge decerned the said persewer to be payed con- forme to the claime with fyve shillings for ilk hen of the Readyest of her guids within this Barrouny, and ordained to poynd and appryse the samyn and make the said persewer to be completely payed of the said Coatt house maill and kayne or pryce foresaid. The qlk day Andro Giffen is decerned to pay to James Eaten oats. Donaldsone eleven halffe fulles of eatten aits or 5lib. 10 shillings for the samyn. Reffers that blood alledged committed be Ailison Arm- strong upon Joannet Johnsoune to the Inquest. Claims. The qlk day Adam Hoggeard is decerned to pay to Thomas Hoggearth 201ib. at ane tyme and 201ib. at ane uther tyme after Compt made befor John Donald soun and John Lowry arbiters and Ro. Hamiltoune Oddsman within 15 days and quhatsoever the arbiters decerns the persewers and de- fenders are bund to obey and they have baith subscrybed this judiciall submissioun with their hande. Se it is so sub- scrybed, — Adam Hoggearth, Thomas Hoggearth. The qlk day Andro alias David Hoggeard confest him to be awand to the said Thomas Hoggearth 31 lib. qrfor the defender is decerned to conform to his awn confessioun. Trespass. The qlk day it is statute and ordained that none goe to the Mylle thro the Mainrigg quheit under the paine of 2 shillings Scots to be payed be ilke qho contravenes, and collected by John Lowry officer and to be employed ad pios usos. The said Ailisoun Armstrong is convict be the Inquest in comitting the said blood upon Joanet Johnsoune, qherefor she is unlawed and amerciat in lOlib. Scots. And the said Joanet is Blood- wyte and is unlawed in 41ib. in the mercy of the Judge. Bioodwyte. The qlk day Mungo Wady and Joannet Weddel are decerned Vicarage teinds. ^ 0 jfafa proportionable pairts of the Vicarage for the 1658] BARON COURT OF STITCHILL 13 Vicarage Teinds 1 which their houses and lands awand unpaid for all yeires be them and sikelike in tyme cumeing at the sight of the 15 men of the Inquest. Court Barroun holden at Stichill Kirke upon the penult day (n) of January jajvi c and fyfty aught yeires be the said William 16581 -* an Nizbet, Barroun-Bailzie in name of the said Robert Pringle Barroun of the said Barony. The qlk day these men of Inquest being all called, com- peired personally. The qlk day it is statute and ordained that ilke ricke house within this Barony shall pay to Johne Underwood Beddell and Beadle, to his successour for the ringing of the bell twelve pennyes Reii ringing yeirly betwixt Mertinmes and Yuille beginning now presently and sua furthe yeirly in tyme cumeing. Also it is statute enacted and ordained with consent of the Inquest that ilke husband-land in this pariche shall pay yeirly to John Under- wood Beddell and to his successors for ringing of the Great Bell at foure houres in the morning and at awght at nyt dayle half a pecke of aits. And the said Bellman is ordained to ring the said Bell in the Sumar and Winter after dait hereof pun- chewally and is to begin his payment the firste of Marche next tearme 1658 and sua furthe in Marche yeirly be and attour his werk penny ten shillings therewith. The qlk day also ilke Craftsman within this Barony is de- cerned to pay to the said Bellman and his successors yeirly for ringing of the said Bell twa shillings Scots money by and attour Stent of the land possessed by them. The qlk day the haill tenants in the Nether town are de- Quarters to a cerned to pay and stent proportionably to William Hopper cor P oral - for quarters to an Coupural 2 seventeen merkes and ordained the Barroun Officer to stent the samyn equally and poynd therefor proportionably. 1 These were the small teinds of calves, lint, hemp, eggs, etc., payable to the vicar, as distinguished from the more valuable teinds of grain, payable to the parson. Subsequent to the Reformation the vicarage teinds of Stitchill were bestowed on the minister of the parish. See Early History of Stitchill, pp. 9-11. 2 Here, a corporal, probably of the Sectarian army, was billeted upon the villagers. 14 THE MINUTES OF THE [1658 Court Barroun hoi den at Stichill Kirke upon the nynteen day of Aprylle jajvi c and fyfty awght yeires forsaid be the said William Nizbet forsaid in name of the said Robert Pringle. The qlk day the said men of Inquest being all called com- peired all personally. The qlk day George ffrenche is decerned to pay to William ffrenche for Service, resting of fee and Bountith confest foure punds fvve shillings Scots. John Windrim is decerned to pay to Robert Lilly smith 51ib. Scots compleit payment of ten libs. James Hamiltoune fflescher is decerned to pay to James Campbell in the My lie SOlibs. with 30 shillings of expenses within fyftene days or else persewer to be in his first place as they first agreed and gave the benefait of four fulles of aits sowing. This soume at Mertinmes next to cum qrof there to be deduced 28 shillings. The qlk day Andro GiflPen is decerned to pay to Issobell Pringle confest 91ib. 10 shillings. The qlk day James Donaldsone is assoilzied of ten merkes acclaimed fra him be Issobell Turnbull for a wendow. James ffairbairne is de- cerned to pay to Andro Giffen confest be the defender 201ibs. Court Barroun holden at Stichill upon the twenty thyrd day of November 1658 be the said William Nizbet ffactor forsaid. Court lawfully fensed. The qlk day the samen men of Inquest being all called, compeired all personally. Thomas Henry son is decerned to pay to Johne Brattisone in ffallsvdehill foure punds 40d. with halfe a pecke of Beir for the prvce of a stacke of peits. The qlk dav James Pres- toune is decerned to pay to John Gottal confest 50 merkes, with 30 shillings for the byegane annualrents thereof 181ibs pavable at Mertinmes last and fyfteen punds 6s. 8d. with the said 30 shillings of annual rent at Candlemes jajvi c and fyfty nyne yeires. Cirstan Scot called and not compeiring is decerned to pav to the said John Guttraw efter juste Compte and reckoning 20 libs. James Prestoune is absolved of that claime persewed be Richard Peatt be the defender his aithe. Andro alias David 1 659] BARON COURT OF STITCHILL 15 Hoggeard is decerned to pay to Mark Wilson confest 151ib. John Wood is decerned to pay to James Wilson confest 91ib. 4 shillings. The qlk day it is statute, enacted and ordained that the Herdsmen, haill tenants within this Barrony shall provyde themselves with sufficient herdes for keiping of their Bestiall and saveing of their come in tyme cumeing, and that they fee or hyre no herds but only those who are sufficient and able, and they are to produce their herds at the first Bourlaw Courts yeirly to be holden to be approven be the fyfteen men of the Inquest. And ilke ane qho fee ane insufficient and unable herd to pay 51ib. The qlk day the haill tenants are to attend within this Barrouny Court and have obliged and enacted themselves to pay their haill rents unpaid for Mertinmes last 1658 yeires R ents and and all their byegane dewties for their yairdes and lands pre- ceding, awand and unpaid within 15 days under the pain of poynding, and hereto they have willingly enacted themselves judicially. The qlk day it is statute and ordained that all the eaters of Eaters of corn, corne be admonished to heir and see the samen apprysed be- fore the apprysing heirof, and the eater efter the samen is proven verified or confest is decerned to pay for the Bourlaw Drinke. Thomas Pearsone Notar pub. Court Barroun holden at Stitchell Kirke upon the nynt day (14) of January jajvi c and fyfty nyne yeirs. Be the said William l6s9 ' ^ an " 9 " Nizbet factor forsaid. The qlk day the haill tenants and coatters within this Claims. Barrony being all called at ane heid Court compeared all personally. The clames be John Thomsoun against Robert Hamiltoune for nyne half fulle of aits is continued to the nixt Court. Alexander Windrim couper in Stitchell is decerned to pay to Thomas Ker Merchant in Kelso 36 punds Scots. Andro Giffen is decerned to pay to James Campbell fyfty shillings Scots in full of complete payment of the pryce of Twenty Bolles of aits or any uther thing qlk any of them can or may aske or clame fra uther for any caus or occasioun begane. 16 THE MINUTES OF THE [1659 Andro Giffen is decerned to pay to Catherein Hamiltoune Lady Stitchell eldest, 1 for the agreed pryce of foure Bolles of Beir confest fourty merkes. Lady Stitchiii. These tenants lyable in payment of Hoppers grass Maill to the Laidv for bveganes confest are decerned conforme to the claime. Trespass. The qlk day it is statute, enacted and ordained that al Beasts heirafter found or seene upon the comes of the Craigs Steills or Humly Knows betwixt the two gaits at the eist end of the Over toune without a hird on the come shall pay, ilke nolt or horse two shillings Scots and ilke sheir without a hird 4d for ilke fault. 15 Upon the . . . yeires be the Rvt Worthy Robert Pringle of Stitchell Barroun for said Barronv first Court halden be himself being present and William Nizbet factor forsaid. The qlk dav it is statute and ordained that non within the Miller not to be Barronv sell their grinding cornes in the Mercat or uther ways prejudiced. jn pre j„^ ce 0 f fl^ possessor of Stitchell My line. But that thev bring their haill grinding come for the use of their families to the Mylle and pay Mylle dewties 2 use and wont therefor under the paine of fwe punds and that the said Mvller keip the said Mylne in guid order and do thankfull service to the people theirby, by serving them under the like paine. The qlk day the Laird himself being personally present of new agane as before nominated and elected the said William Nizbet factor forsaid to be his Balive and to contineu in administratioun of justice as before in the Lairds absence as if he w r ere personally present himselfe. The qlk day it is statute and ordained that the possessors of ilke six quarters of land in the Over toune shall keipe a suffi- cient standing hirde yeirly and pav him proportionally, and 1 This is the aged dowager, grandmother of Robert Pringle the laird, and mother of Walter the Covenanter. The designation 'eldest' would seem to mean that now there was another Lady Stitchiii, wife of Robert the laird. 2 This minute deals with the vexed matter of thirlage. All the tenants of the barony were bound or thirled to the barony mill. Corn was not allowed to be sold out of the barony, ungTound, as thereby the miller would lose the duty payable for grinding. 1 659] BARON COURT OF STITCH ILL 17 stent conform to their severall possessions under the paine of fyve merkes for ilke failzie by and attour the performeing of this Act. The qlk day John ffrenche in Over Stitchell is decerned to pay to Bessie Thomson his sister twentie foure punds Scots conforme to his Bond and judicially confest be him, at three termes to witt aught punds presently, awght punds at Mer- tinmes nigher 1660 yeires, and uther awght punds in compleit payment of the said haill soume by Mertinmes 1661. Bessie Jamieson is decerned to pay to Johne Wilsone con- fest be the defender three punds Scots and the defender is judicially assoilzied of the rest of the claime in all tyme comeing. Continews that claime be Andro Giffen against Johne Win- drim couper for twentie punds to the nixt Court becaus of the Defenders absence. Thomas Pearson Notar Publict. Court Barroun holden 17 February 1659 place forsaid, be (16) the said William Nizbet ffactor forsaid. Court lawfully l6s9, Feb> 17 fenced. The qlk day William Hopper in Stichill is decerned to obey Claim the Decreit Arbitrall to be pronnounced by the Arbiters already chosen, Robeart Alexander, Croftar in Hume, and him and Adam Hoggearth anent the claim persewed be the said Alex- ander against the said William, and the said Arbiters are to pronounce ther Sentence betwixt and the 5th day of Marche next 1659, and ordains the ordnar officer of the Barrouny to put the Decreit Arbitrall to execution against the said defender. David Hoggearth is decerned to pay to Isobel Charter- Harvest Fee, house for harvest fee confest 71ib. ten shillings. David and William Hoggearth are decerned to pay to Mar- Fee and Boun- garet Trottar for fee and Bountith confest 161ib. 10 shillings etc " ^ l6 ' with 3 ells and 3 quarters of harden. Thomas Lambe is decerned to pay to George Smyth confest 261ib. George Acquitted, ffrenche is absolved of foure punds acclaimed be Jean Blacke becaus she refuseth to depone. The qlk day it is statute and ordained that all within this Ale sellers. Barrouny lvable in payment to Isabel Pringle or uther aill- 18 THE MINUTES OF THE sellers shall be decerned be the Bourlawmen if it be confest be the pairty or verified be the persewer providing the claimes do not exceed 50 shillings Scots. James Hamiltoune is decerned to pav to William Welch e for all bygane claimes or Compts qlk the said William can clame fra the defender preceiding the dait heirof 31ibs. 14 shillings Scots. Thomas Pearsone Notar Public. Heid Barroun Court halden at Stichill Kirke upon the 28 January 1660 be the said William Xizbet ffactor in name of the said Ryt Worthy Robert Pringle of Stitchill Barroun forsaid. The qlk day the haill tenants and cottars within this Bar- rouny all compeared personally and tuike Instruments of their compeiring. The qlk day John Guttraw confest he committed blood upon Richard Gothraw his younger brother being provoked swa to do be the said Richeard wherefore he is unlawed and amerciat in twenty punds Scots. And the said Richeard confest him to be guilty of Blood wvt wherefor he is unlawed in ten punds. That clame be Andro GifFen against John Windrim Couper for twenty punds is of new again as before continewed to the next Court becaus of the Defenders absence. Thomas Lambe is judicially decerned to pay to Robert Lilly smyth in Stitchill aither 5 fulle of Beir or ten libs, for the prvce therof with uther 30 shillings with 12 shillings of penalty confest. The qlk day Robert Lilly smith in Stitchell as the Cautioner of James Lilly smythe in Sproustone his brother is judiciall decerned to pay to Kathrine Hamiltoune Lady Stitchell eldest, confest and instructed be the Bond produced with the clame oOlibs. Scots money principall awand of a greater soume with the ordinar annual rent of the said fyfty punds for ane yeir bygane with power to the said Defender Cautioner to persewe the said principall for his relieffe. Alexander Windrim couper is decerned to pay to Robert Lyllie smythe confest nyne punds ten shillings. The Land and ground maister being first payed. Thomas Pearsone Notar Public elk. 1666] BARON COURT OF STITCHILL 19 The qlk day George ffrenche is decerned to pay to Margaret Claim, ffairbairne relict of the deceast Thomas Hamiltoune in Over Stitchell being referred to the aithe of the defender 191ib. 16 shillings. William Hoggearth alias Hvnde is decerned to pav as Cautioner. Cautioner for Robert Gibesonein Lowest Gordoune to William Nizbet ffactor to the Laird of Stitchel for his pryce of 6 fulle Beir^n per of Beir at eleven pirnds the Boll 131bs. 4 shillings. James Campbell is decerned to pay to Richeard Guttraw Claim, confest for seaven halfe fulles of aits apprysed be the Bourlaw men 41ib. 13sh. The qlk day George ffrenche in Over Stitchill is judici- Lady Stitchill ally decerned to pav to the Ryt Worthy Margaret Scot Ladv }0un ^' T ' Stitchill younger lOOlibs. Scots money due to her for their lands confest be him perteining to her in liferent for Martin- mes last bypast 1659 veires, together with the haill bvegane termes a wand bv him to her for all yeires trysts and termes bygane and sik lvkes in tyme cumeing the tvmes of pavment being first cum and by past. Barroun Court holden at Stitchill Kirke upon the 26 Novem- W ber 1660 yeires be the Right Worthy Robert Pringle of Stit- chill Barroun and William Nizbet his Balive forsaid. The qlk dav Henrv Hamiltoune in Queenscairn is judicially Claim, decerned and confirmed in his ane confessioun to pav to Alex- ander Hogge in Home aither eleven halfe fulles of aits or 10 merks for the pavment therof. Andro alias David Haggeard is decerned to pay to Robert JJjjJf Lillie smvthe for the pryce of 11 halfe fulles of peis at 13 punds the Bolle, 14libs. 6 shillings or 36 shillings utherways etc. The qlk dav Mungo Wady in Over Stitchill is decerned Payment at conform to his ane confessioun to pay to George Bell thair, 181ib. 3 shillings at three tymes. to wit 61ib. 1 shilling at Yuille only to cum. and sua furthe at the tyme of Yuille yeirly, till the compleit payment of the principal sowme because of the Defender his present poverty and inabilitv. The qlk dav James Lowry is decerned to pav Kathren Hamiltoun in Sproustone confest 201ibs. at Yuille to cum. the Laird being first paid. 20 THE MINUTES OF THE [1660 Rent of houv? Alexander Windrim, couper is decerned to pay to Robert Dickesoun Domestic servitor to the Laird for the maill of a hous 6Hbs. That clairae be Agnes Pattersone against Alex- ander Lowrv is continued to next Court. iron girthe^. The qlk dav James Campbelle is judicially absolved to 6 libs for the ailed ged prvce of ane yron girthe for a mylle acclamed be James Wood in Ednam Mylle becaus the said cirthe was on the stain as a pairt of the mvll graithe at his removing without qlk girthe the myll was not sufficient in operation sua that of necessity it lay on the myll a yeir efter the said Defender his entry and the said persewer his deceast father found ane yron girthe in the said myll at his first entry thairto, sua he ought and should leave ane uther. Neverthe- less the said persewer without caus appealed and required Instruments. Claims. Bessv Bell is decerned to pay to William Huteson upon the aithe of the persewer olib. 18 shillings. John Dickesoun is decerned to pav to Adam Quhyte upon the Defender his oathe that he was awand no money to the persewer his deceast daughter six libs. Mungo Wadv is decerned to pay to the said Adam Quhyte 4libs. qlk he borrowed fra his deceast daughter be her father's knowledge befor her decease. James Hamiltoune is decerned to pav to the Lady of Green Knowe 1 eonfest 31ib. 12 shillings. The qlk dav Bessie Bell relict of the deceast William Wilson is judiciallv decerned to William Hopper aither twa Bolles outfield aits or else olibs. ilk Boll therof. The qlk dav Janet Johnsoune and George Hope her spouse for her interest are decerned to pay to Johne and Margaret Dows Lawful Bairnes to the deceast John Dow in Nenthorn and to ther tutors curators in ther name for ther behooves olibs. intromitted with and be her uplifted fra Robert Hamil- toune, James Campbell and David Hoggeard wherefor the said three persons are absolved of the samyn becaus the said Joanet grantit the receipt therof fra them. Assoilzied. John Guttraw is judicially assoilzied of 4libs. acclamed fra him be William Taillzier for land teilling becaus the said 1 Mother or wife of Walter the Covenanter. i66i] BARON COURT OF STITCHILL 21 William failzied in probatioun. The qlk day Issobell Stevin- son relict of the deceast James Donaldsone is decerned to pay to Margaret Trotter her mother-in-law 91bs. The qlk dav the haill tenants within this Barron v of Stit- Schooimaster J ' and Precentor. chill agree to pav to James Lennox schoolmaster and precentor in Stitchill 401ibs. Scots monev proportionally amongst them, ilk ane for ther awin pairts yeirly conforme to ther severall possessiouns at twa teirmes of the yeir Mertinmes and Whitsun- day for all teirmes to cum dureing his service and serving the Cure of the said Kirke as a precentor and siclike for all yeires and teirmes byegane restand awand and unpaid. The qlk day the said Barroun takeing to his serious con- 1660, Nov. 26 sideratioun how great a necessity Church Discypline of this K^TsessioiL** Paroch has of the assistance and concurrence of the Civil Magistrat and helpe of his authority interponed thereto, and how necessar the samvn is for the thryvening of religioune within this Paroch, Thairfor the said Barroun heirby judicially decernes and ordaines his ordnar officer of the Barroun to put in execution all Acts and Sentences of the Kirke Sessioun again all persouns whomsoever within this Barrouny and poynd for all penalty and fvnes to be imposed be them and take the Extract of the Kirke Session their Act for his Warrand. The qlk day the haill tenants within this Barony lvable Grass-rent and and dew for payment of Grass maill and m vile-stain silver at stone-sihw. this term of Mertinmes instant 1660 yeirs are decerned to pay the samyn proportionallv for the said term and all the uther yeirs and teirmes preceding restand awand and unpaid. The qlk day the haill tenants within this Barronv who are awand their Entreis money are ordained to pay the annual rent therof Entry money, for all yeires and teirmes bygane sen the daits of the severall Bonds therfor : and also of all bygane inaills and dewties restand awand and unpaid be them ilk ane for ther awn pairt. The qlk day the said William Nyzbet ffactor and Balive Baihe. forsaid is of new again commissiouned and auctorised be the said Barroun judicially to continew Bailive in the Laird's absence and to keip Courts as befor till he be discharged be the said Laird. , , Heid Barroun Court holden at Stitchill Kirke upon the 1S61. Jan. 8. 22 THE MINUTES OF THE [1661 awght day of January jajvi c threscore ane yeires, be the said William Nizbet Balive befor designed In name of the said Right worthy Robert Pringle of Stitchill, Barroun. The qlk day the haill tenants and Coatters within the Barrony of Stitchill compeared all personally and tuike In- struments of ther compeirance at said Court. The qlk day compeired James Campbell in Stitchill personally and confest Assault ^24, judicially that he committed blood upon Thomas Hoggearth Bloodw>te ^ I2 * his servant qrfor he is unlawed and amerciat in 241ibs. for the said Blood and in 121ibs. for Blood wyte. The qlk day also James Lambe younger in Over Stitchill confest he committed Ryot and Straiks upon George fFrenche yr, qrfor he is unlawed in five punds Scots, and ordained to be put in the Stocks dureing the pleasure of the Laird and Balive. Riot ^"5 and stocks. Pease 12IU 2S. Teirids. Anent Bread for Bridals. Brides not to have their Bridals outside the Barony. The qlk day Andro Giffen is judicially decerned conforme to his ane confessioun to pay to James Campbell and Robert Lillie for peis 12libs. 2 shillings Scots. The qlk day John Hoggearth alias Calsyend is decerned to pay to William Aitchison in Teinds confest awght punds. William Moffat in Over Stitchill is ordained to pay to George Nizbet for meill 91ibs. Scots. The qlk day the said Judge and Balive taiking to his serious consideratioun what loss and prejudice the Possessor of the My lie of Stitchill sustaines be the people of this Barrony who buyes their bread for penny Bridells in the Mercat and does not grind the Bridell quheit at the said Mylle sua that therby they are partly unable to pay the tack dewties and yeirly rent for the said Mylle used and wont, Therefor it is enacted and by these presents statute and ordained that all Makers of Common Bridells, also Aill Brewers, as uthers within this Barrony, shall grind the haill quheit qlk they shall happen to make use of at the said Brydell at the Mylle of Stitchill and pay Mylle dewties therfor used and wont ; and that non within this Barrony buy Bread in Mercat under the paine of Ten punds for ilk failzie without modificatioun. Also the same day it is statute and judicially decerned that no Bryde dwelling within this Barrony at the tyme of her 1662] BARON COURT OF STITCHILL marriage shall make her Brvdell out of this Parochin where- soever the Bridegroom happen to dwell. But that the Brvdell be made and keiped within this Barrony in all tvm cumeing for the benefit of the Mvlle dewties of the Malt and quheit to the Possessor of the said Mylle under the paine of Twentie punds ; without lieving asked and granted of the Laird and his successors. The qlk day Andro alias David Hoggearth is judiciallv decerned to pay to Andro Watson awght punds. Ita est Attestor ego Thomas Pearsoune Xotarias Publicum elk. Ane Heid Barroun Court halden at Stitchell Kirke upon *>) the twenty third day of August jajvi c sixty and twa yeirs be ^ 2 g ^ the forsaid Robert Pringle of Stitchell Baroun forsaid. The qlk day Robert Hoge in Over Stitchell, Cirstan Stot^°^^ tof there and Margaret Muirehead there being all lawfullv wairned to this Barroun Court oft times called, and not com- peiring, therfor thev are ilk ane of them unlawed and amerciat in fyve punds Scots money. The qlk day William Tailzieor Sccid-.r.g = in Queenscairne is decerned to pay to the Kirke Treasurer to be employed ad pios usos fyve merkes Scots for Nicholas Wood her penalty for her former scolding and the like mis- behaviour qlk was areisted in his hand as her debitor at the instance of the Kirke Sessioun. And the said Nicolas has ^aoandBanisb- enacted herselfe to live peaceably in all tyme cumeing under "-^^ 2ad the paine of Twenty punds and Banishment furthe of this Barrony. The qlk day William Moffat is decerned to pay to George Claim. Smythe confest judicially be the defender sixteen punds principal with three punds Scots for the byegane annual rent thereof. The qlk day James Campbell is decerned to pay to Thomas Hoggearth for byegane fees eleven punds foure ".Vages. shillings, twa pairs of hose, a new shirt with a suite of old cloathes at the sight of John Lowry, Robert Hamiltoune. Adam Hoggearth, John Donaldsone, Andro Nisbet. and continews the Extract heirof qle the Defender be heard be them becaus of his present absence and to be decerned be them within fvfteen days. THE MINUTES OF THE Portionerat William Moffat is decerned to pay to Jeremy Crottar portioner at Home confest thre punds awght shillings. Richeard ffairbaire is decerned to pay to Issobell Charterhous for byegane fee ten punds Scots. Breaking a Thomas Henrysone is ordained to pay to Robert Lillie smyth confest 51ib. The qlk day James Thompesone is un- lawed for breaking up of a locked door brevi manu in 51ib. And also to redeliver to Joanet Aitken aither a locke or 30 shillings for the worthe therof. Contempt of The qlk day it is judicially statute and ordained that the Bourlaw Court and personal haill indwellers within this Barony shall obey the Sentences punishment. an( j j) ecre ft s to be pronounced be the Bourlawmen in tym cumeing and that non oppose them neither be word nor deid nor scold, raille, nor outcry against ther proceedings in tym cumeing utherwyas nor be order of Law and justice under the paine of fyve punds and personall punishment at the Lairds pleasure the nixb Barroun Court nixt efter their dissobedience. Wages. The qlk day William Hoggearth is decerned to pay to James Thompesone for fee, foure punds six shillings with thre ells of linen or else ten shillings with a pair of new hose or else twelve shillings. William Tailzieour in Queenscairne is decerned to pay to Johne Thompesone for fee confest Thre punds twelve shillings. The qlk day William Hoggearth for Blood committed be him upon Thomas Lowry is unlawed and amerciat in the sowme of Twenty foure punds at the Lairds mercy. Swine in corn The qlk day John Lowry, James Campbell, David Hoggeard, Richeard Guttraw, John Guttraw, Robert Hamiltoune and George ffrenche for keiping of swyne in Corne and Lint in Summar contrair to former Acts of Court as was clearly under- stood be the said Barroun are unlawed ilke ane of them in foure punds Scots. Ita est Attestor ego Tho. Pearso?ie, Notarius Publicus elk. (21) Ane Barroun Court halden at Stitchell Kirke upon the 1662, Oct. 12. twelft day of October jajvi c and sixty twa yeires be the Right Worthy Robert Pringle of Stitchell Barroun foresaid. The qlk day Andro alias David Hoggearth, younger, is 1663] BARON COURT OF STITCHILL decerned to pay to Issobell Thomson as Cautioner for Mark Dods in Mellerstains nyne punds six shillings and continew the Extract heirof till the said David be heard befor John Lowry and John Donaldsone. Adam and William Haggearth and Thomas Mylle are judici- ally decerned to pay to Andro Giffen for eaten corne aughteen shillings Scots for ilke 20 sheir of a hundred and forty sheir extending to six punds ilk ane for ther awn pairts proportion- ally conform to the number of their sheir, 41ibs. lOsh. Richeard ffairbairne is judicially decerned to pay to Bessie Bell for eaten aits 41ibs. lOsh. The qlk day the said Barroun did judicially assoilzie and absolve Robert Hopper herd for ane cow perteining to Adam Hamiltoune aledged to be killed be him becaus the said cow was drawn out of a dytch that same nyt wherein the said Adam aledgeth the said herd bracke hir backe, as was made clear appears to the said Barron wherfor the said herd is quyte fre of the said blame forever. The qlk day Adam Hamiltoune for hydeing and conceiling of Concealing his cornes in the yaird unteynded is unlawed and amerciat in f-zo. the sowme of SOlibs. Scots money at the Laird his mercy. The qlk day it is statute, enacted and ordained that none Act anent un- within this Barrony lead any of their cornes unteynded nor ein e °° rn ' remove the samyn fra the ground where it grows unteynded, nor hide nor conceal the samyn but that it be told and teynded yeirly in all tym cumeing under the paine of lOlibs. Scots money by and attour the said Teynd. The qlk day all within this Barrony awand to Issobell Ale to be paid Pringle for aill are ordained to make payment to her therof ot exceedin & after the samyn is aither confest be the said Debitor or verified and made appeare be her in presence of the Bourlaw Court within 48 houres therof under the payne of poynding, provyding her clame do not exceid three punds Scots. Barroun Court holden at Stitchell Kirke upon the third day rr M of January jaj vi c thre score and thre yeires, Be the said Robert Pringle Barroun forsaid. The qlk day the hail! tenants within this Barony who are Katharine awand to Katherein Hamiltoune Lady Stitchell eldest the Lady Stitchell. 26 THE MINUTES OF THE [1663 pryce of their ferme Beir dew be them aither for the yeir or crop 1661 yeirs and as yet unpaid are ordained to pay the samyn to John Lowry as her ffactor for her use and behove within fyfteen dayes under the paine of poynding. Lykeas they are judicially decerned to pay to her ilke ane for their ane pairts their grass-mailles dew to her unpayed for crop 1662 yeirs and what they are rightly aw and to her and as yet unpayed for all uther yeires and teirmes preceiding efter nixt Court and reckoning. Margaret Scot, The qlk day George fFrenche in Over Stitchell is judicially Lady Stitchell. ( j ecerne j ^ Q j. Q Margaret Scot Lady Stitchell, younger, his Maille Teinds, tackes and dewes unpayed for crop 1662 yeirs and for all uther yeirs and crops preceiding as yet unpayed by him to her. Again. The qlk day Jane Guttraw, Robert Hamiltoune, and Alex- ander Hoggarth are judicially decerned to pay to Margaret Scot, Laidy Stitchell younger their haill mailles, teinds and tacke-dewties dew by any of them to her for the cropt and yeir of God 1662 yeirs and for all these yeirs cropts and teinds preceding. Weaver. The qlk day James Thompson Wobster in Stitchill is decerned to pay restore and redelyver backe againe to the executors of the deceast Andro Essten in Runningburn ane Gray Wobe taken wrongously be him brevi manu fra the Waulker, they paying to him at their receipt therof twenty ane shillings awght pennies disbursed be him for the samyn to the Waulker. Smith's Fees. The qlk day it is judicially statute and enacted and ordained that the owner and maister of ilke pleuche within this Barony shall pay yeirly to John and Robert Lillie, smythes in Stitchell for their sharpeing-corne 1 and in lieu and place therof, ane stoucke of sufficient outfield aits sicke as grown in ther ground yeirly for ilke husband-land plewed be them whether of their awn or hyred lands fra them with power to the fewars to seeke ther releisse and make ther agreement for the hyred land swa 1 Sharping com was the price paid to the blacksmith by each owner of a plough for sharpening the ploughshare and the sickles for cutting the corn. In this case the price was one stook of outfield oats for each husbandman. 1663] BARON COURT OF STITCHILL 27 plewed be them for ther releiffe fra the awners therof propor- tionally. The qlk day William Hoggearth younger is decerned to pay to Richeard Guttraw twelv punds Scots viz., six punds therof at Witsonday 1663 and other six punds at Witsonday 1664. Ita est Attestor ego Thomas Pearsone Notarius Publicus elk. Heid Barroun Court holden at Stitchell Kirke upon the (23) seaventein day of January jajvi c thre scors and thre yeires be l66 °' ^ an ' I? ' the befor designed Robert Pringle of Stitchell himself. The qlk day the haill tenants within this Barrony of Stitchell compeired all personally and tuike Instruments of ther compeirance. The qlk day Johne Crottar servant is ordained to enter to Broken engage- Johne Stevisone in Humebyres his maisters service or els to pay to his said Maister fyve punds for fee, twelve shillings for shoes, and twenty foure for new hose. The qlk day Patrick and Alexander Giffen lawful sons to A Father's the deceast Andro Giffen in Rinenburne are decerned as Intro- e s " mettors with ther deceast fathers guids to pay to James Thomsone Wobster in Stitchell thretty six punds Scots at thre tymes, viz. twelv punds therof at Mertinmas nigh to cum in this present yeir of God 1663 yeires, and twelv punds at Witsunday 1664 yeires and uther twelv punds in compleit payment of the said haill sowme at Mertinmes nixt therafter 1664 yeires. The qlk day the haill tenants within this Barony who are Rents and awand their maill, fermes, and dewty for the cropt of yeires taxes ' 1662 and for all uther yeires and cropts preceiding com- peired all judicially and enacted and obleist themselves to make payment therof within fyftein days and are de- cerned conform to ther ane confessioun to make payment therof. The qlk day James Wilson merchand in Stitchell is judici- A claim for ally decerned to pay to Johne Lowry younger for a swyne swine ' killed be him twa merkes and assoilzied fra the rest of the claime. _,. . . _ ... . . No swine after Ihe qlk day the said Barron takeing into his serious con- May 15. £8 THE MINUTES OF THE [1663 sideratioun what great skaithe and damage this Barrony hath sustained these diverse yeires byegane be destroying of ther corne be keiping of swyne in the Summar tyme, Thairffoir it is now statute and ordained with advyce and consent of the famous men of the Inquest that no person whatsumever within this Barrony shall keip ane swyne efter the fyftein day of May untill the first teynding day yeirly in all tyme cumeing under the paine of awght punds Scots money to be payed be ilke transgressor and contravener of this Act without modifi- catioun. (24) 1663, Dec. 3. Straike and Riot. Arbitration anent a mare. Maills and Stent duties. Ferme Beir. Grass-maill. Ane uther Court holden at Stitchell Kirke upon the threid day of December be the said Right Worthy Robert Pringle of Stitchell Barroun. The qlk day John Lowry confest judicially that he comitted Straike and Ryot upon James Campbell wherfor he is unlawed and amerciat in the sowme of Ten punds Scots money. Thomas Henrisone Tailzieour is decerned to pay to Robert Lillie smythe confest be the Defender fyve punds. The qlk day Johne Stevisone in Humebyres judicially elected Robert Hamiltoune, and Adam Hoggarth to be Arbitors for him ; and John Lamb and Andro Watson nominat Henry Hamil- toune and James Campbell for them, anent the difference of a Meir bought be the said Johne fra them with warrandice ther- of and in case of variance betwixt the said Arbitors John Lowry is elected Odsman and both parties are decerned to obey their Decreit Arbitrall. The qlk day the haill tenants of this Barrony are judicially decerned and ordained to pay their said Mailles and Stent- dewties within Mertimas last bypast and sickelyke of their haill Mailles and Termes awand be ilke ane of them pro- portionally ilke ane for their awn pairtes and for all uther yeires Cropts and yeires preceiding restand awand and un- payed. The qlk day the haill tenants and possessors of the auld Lady her lyferent-lands are decerned to pay to her ... of her ferme Beir befFor the Cropt and yeir 1662, and their grass- maill dewty to her for the yeire and cropt 1663. i66 3 ] BARON COURT OF STITCHILL 29 Another Barroun Court holden within Stitchell Place 1 upon (25) the 26 day of December forsaid 1663 yeires Be the said l66s ' De °' 2 Robert Pringle of Stitchell Barroun forsaid. The qlk day the said Barron haveing heard the clame and lybell given in by the Procurator ffiscal of this Barroun Court against Andro Hoggeard for blood comitted be him upon Blood. Alexander Lowry in Queenscairne, 2 The said Andro compeared judicially and denyed the said blood. It was, in place of all further probatioun referred to his aithe of verity and the said Defender refused to depone, wherfor he is holden as confest Oath of Verity and unlawed and amerciat in the sowme of fyfty punds at the refused - Laird's mercy. Anent the said Blood- wyte bothe the pairties Bloodwyte. denyed the samyn wherfor the said Barroun referred the samyn to ane Inquest. So being all sworn and judicially elected, Johne Donaldsoune is Chancellor therof, and the said Chancellor and Inquest all in ane voyce finds the said Alex- ander Lowry to be guilty of the said Blood-vvyte becaus the said Andro first bedded the Kylle and the said Alexander offered to stopt him and dispossess him and his rowme 3 at his awn hand brevi manu wherfor the said Barroun unlawed and amerciat the said Alexander for the said Blood-wyte in the sowme of twenty fyve punds. The qlk day the said Andro Hoggeard found Robert Law Burrows. Hamiltoune in Stitchell, Caution, Surety and Law Burrows for him ; and the said Alexander found James Campbell 1 Stitchill Place was the designation of the mansionhouse where this Court was being held, instead of the church as heretofore. 2 Queenscairne is a farm upon Stitchill estate. It seems to have been a dower-house at which old Lady Stitchell was residing. William Veitch, the noted Covenanting preacher, was concealed there when the dragoons were actually searching the place for him after the conventicle at Lauder Moor. The name is thought traditionally to have been derived from the fact that the queen of James II. was residing at the place with her son when the news was brought to her that her husband, the king, had been killed at the siege of Roxburgh Castle, a few miles distant. 3 This was one of the many petty annoyances inseparable from thirlage. Each person bringing corn to be ground had to stand his rowme, i.e. wait his turn at the mill. There was, of course, opportunity here for favouritism, bullying, etc. The servant of the miller had much in his power also, according to the amount of knaveship given to him. This was his allowance out of each one's sack of corn. 30 THE MINUTES OF THE [1663 Caution for him that they and theirs shall be harmless and skaithless of uthers in all tym coineing, otherways bv order of law and justice, and the principals are bound to releeve ther Cautioners. Thos. Pearsone, Notar Pub. elk. The qlk day George ffrenche is judicially decerned to pay ^argaret Lady to Margaret Scot Laidy Stitchell elder, ane hundredth punds Maiils. Scots money for the Maill of these her lyferent lands confest be him for the Teirme of Mertimas last by past 1663 yeires within fyfteen days nixt efter he be charged therto Together with thretten Bolles of Beir and thretten Bolls of aits meill of the quantity and quality conteined in his Tack at Candlemas nigh to cum in anno 1664 for the yeire and cropt 1663 veires. (26) 1664, Jan. Assault. Bloodwvte. Guilty Ane uther Barroun Court halden at Stitchell Place within the Gairden upon the fourthe day of January 1664 veires, be the said Robert Pringle of Stitchell, Barroun foresaid. Curia legittime affirmata. The qlk day the said Barroun haveing heard the clame and lvbell given in be the Procurator ffiscall of this Court upon Edward Stevisone in Humebyres for Blood alledged comitted be him upon John Donaldsone in Nether Stitchell, the said Edward compeared personally and denyed judicially the said Blood. The said Johne Donaldsone also compeared and confest Blood-wyte be first casting a cup at the said Edward and becaus the said Edward denyed the said Blood theirfor the said Barroun referred the samyn to the knawledg of ane Inquest. Inquisitio : — Robert Hamiltoune. Adam Haggeard, James Campbell, Andro Nizbet, Rich ear d Guttraw, George ffrenche, George Smythe, Robert Tailzieour, Robert Hogge, William Watsone, Henry Hamiltoune, John Guttraw, Thomas Lam be. John Smythe, Richeard ffairbairne. The saids famous men of Inquest efter they were all solemnly sworne being all inclosed nominate and elected the said James Campbell as Chancellor of the said Inquest who all in ane vovce efter mature deliberatioun tryall and examinatioun finds and declares John Stevisone in Humebyres lawful brother 1664] BARON COURT OF STTTCHILL 31 to the said Edward to have comitted the said Blood upon the said John Donaldsone Theirfor the said Judge and Barroun conform to the said Act and conviction, unlawed and amerciat the said Johne Stevisone in the sowme of fyfty punds at the Blood £50. Lairds mercy. And the said John Donaldsone for Blood-wyte in twentyfyve punds and the said Edward for a Ryot and Bioodwyte £25. Straicks in fy ve punds Scots. Rlot £s- The qlk day Robert Lillie, smythe in Stitchell and Alex- ander Ceddy are fand both guilty of Straicks and Ryot ilke ane upon uthers, theirfor they are unlawed, in ilke ane fyve Riot ^5- punds Scots. The qlk day John Guttraw for his violent intromissions and his illegal possessioun of a housse possessed be James Lowry illegal pos- is unlawed in fyve punds and ordained to repossess the said sesslon James Lowry therto aye and til he be lawfully removed and legally ejected. The qlk day Issobell Stevisone relict of the deceast Richeard Claim. Guttraw younger, and James Lowry as her present spouse, for his interest are decerned to give John Guttraw as uncle on the fathers syde Tutor Administrator to Richeard Guttraw his nephew and pupill sufficient moveables and pennyworthe for twa hundredth and fourty merkes Scots money and the said Johne is ordained to accept of the said Moveables and give Bond of Security to his said nepphew therfor, and dis- charges the said Issobell and her said spouse for his interest therof and the said Moveables are to be apprysed beffour neutrall men being twa for ilke pairty. The qlk day James Lowry became Cautioner, Surety and Lawburrows. Law Burrows for the said Edward Thomsone that the said John Donaldsone and his shall be harmless and skaithless of him and his in tym cumeing otherways be order of law and justice under the pane of fyfty punds; and the said Principall has willingly obliged and enacted himselfe for releiffe of the said Cautioner sic subscribitur Edward Thomsone. The qlk day John Lowry Barroun Officer is decerned pre- Boundary, sently by Court to take the Bourlawmen with him and clear that ditch-reach on the gait betwixt the lands possest be George ffrenche and James Campbell and to regulate the passage therof in all tym cumeing. Thomas Pearsone Notar Pub. cler. 32 THE MINUTES OF THE [1664 (27) 1664, Ap. 28. Servant's Fee, Decreit to Walter Pringle. Margaret Lady Stitchill. Katharine Lady Stitchell. Silver- and grass-maills. Apprysing of Eaten corn. Ane uther Barroun Court halden be the beffor designed Robert Pringle of Stitchell Barroun upon the twenty awght day of Apprylle 1664 yeires. The qlk day Issobell Stevison relict of the deceast Richeard Gottraw younger and James Lowry now her present spouse for his interest are decerned to pay to . . . Davidsone her lait servant for his fee confest be the said Defenders 211ib. The qlk day John Guttraw, Robert Hamiltoune, and Adam Haggeard are decerned to pay to Walter Pringle secund law- full brother to the Laird, as assignee, constitute be Margaret Scot Laidy Stitchell younger 1 his mother, ther haill Maills and fermes dew be them to her for her lyferent lands and possest be them ilke ane for ther awn pairtes for the teirme of Candlemas lait bypast 1664 yeires instant. And the said Margaret Scot her haill uther tenants and possessors of her said lyferent lands are judicially decerned to pay to her ther haill Mailles and fermes for the said Teirme of Candlemas last bypast restand awand and unpayed ilke ane for ther awn pairtes. The qlk day the haill tenants and possessors of these lands perteining in lyferent to Katherein Hamiltoune Laidy Stitchell eldest, are decerned to make payment to her of ther silver Mailles and grasse-Mailles restand awand and unpayed be them for the cropt and yeir of God 1663 yeirs last bypast; and also of ther haill Maills, fermes, kaynes, and yeirly dewtie dew to her for all uther yeirs and Teirmes preceiding ilke ane for ther awn pairtes. Ita est Attestor ego Tho. Pearsone Notar. Pub. cler. The qlk day the said Judge and Barroun takeing to his serious consideratioun that diverse and sundry persouns within this Barrony are persewed beffor this Barroun Court for comes eatten be ther Bestialls and apprysed be their knowledge for remeid whereof it is statute and ordained that all eatters of 1 This lady was the widow of John Pringle (father of Robert the laird), who himself had not lived to succeed his father. She had two sons, Robert, the present laird, and Walter, junior, later of Graycrook, advocate, mentioned by Wodrow as ably pleading for the Covenanters taken after the Battle of Bothwell Bridge in 1679. Katherine Hamilton, the eldest Lady Stitchill of all, was still living, as is evident from the next paragraph but one. BARON COURT OF STITCHILL 33 come be first wairned beffor the samvn be urged be the Barroun officer or Bourlaw officer and see it apprvsed qlk wairning being made beffor witnesses the said apprysing shall be sustained whether the Defender compeir to heir or see the said apprysing or not. Also it is statute and ordained that all eatten corne be apprvsed in tvme cumeing be twa Bourlaw men onlv. The qlk dav James Lennox schoolmaster called and not Schoolmaster's compeiring is decerned to pay to Andro Xizbet in Stitchell ient and teinds - Mylle for a yeires Mailles and Teinds of a Coatt house fwe punds Scots with thre kayne hens or else rive shillings for ilke Kayne hens, undelivered hen and contineus the Extract heirof for ten davs till the Defender be heard be the Laird if he have anvthing to object becaus of his present absence. The qlk day John Guttraw is judicially absolved quvte and Absolved, freed of those six ewes and -ix lambes persewed be Issobell Stevisone, and also of the interest money for thre quarters of ane Husbandland because he produced a Discharge ther for to him be the deceast Richeard Guttraw younger his brother and her umqhile husband beffor his decease. Tho. Pearsone Xotar. Public, cler. Ane uther Barroun Court halden at Stitchell Kirke upon .5 the nynteen dav of November jajvi 0 thre scoir and foure veires Nc ' 1 be the beffor designed Robert Pringle of Stitchell Barroun forsaid. The qlk day the said Judge and Barroun takeing to his Act supporting serious consideratioun how necessar it is for advanceing the V ? Kirke 5 Session. glorv of God the cherisheing and nourisheing of pietv and vertew within this parochin and for punisheing of vice for incouragement to weill doers and for terror to all those who inclvne to doe evill within this Parochin. That the Ministers. Elders and Kirke Sessioune have the concurrence and assist- ance of the Civil Magistrat for corroborating of ther Acts to be made be the said Kirke Sessioun and his auetority inter- poned therto that sicke persons as shal be convict be them may heirefter stand in aw to doe evill. Theirfor the said Barroun has judiciallv statute and ordained that the Barroun Officer of this Barronv and his successors in the said Office c 34 THE MINUTES OF THE [1664 shal put to full executioun be law all Acts of the Kirke Sessioun against all persouns convict be them and to caus payment of the penalties imposed be them to be made and to poynd, arrest and use all legal executioun therefor and to take the Extract of the Kirke Sessioun for his Warrand becaus there was a desyre and lybell given in be Maister David Starke Minister at Stitchell for that Office, qlk desyre the Barroun thought reasonable. Brewer. The qlk day John Guttraw ex consensu rei is decerned to pay to Issobell Pringle, Brewer nyne punds ten shillings. Crooked horse. The qlk day George ffrenche is absolved, assoilzied and judiciallv quyte of payment of ten merkes acclamed be Robert Lillie as Caution for Johne ffrenche his brother for cureing of a cruiked horse becaus the said Robert to depone reserve- ing actioun to the persewer to persew the Principall. Negligence £5. The qlk day Johne Hamiltoune for his negligent intromis- sioun with Agnes Cottersone her cornes and away takeing of the samyn from the field instead of and in place of his awn is unlawed and amerciat in fvve punds Scots. Contempt £10. The qlk day James Prestoune being lawfully wairned not compeiring is decerned to pay to John Lillie Ten punds. Eaten corn. Patricke Giffen, James Lambe, and Johne Haggeard are decerned to pay to Johne Donaldsone proportionally con- forme to ther possessioune seaven halfe fulles of aits eatten be ther Bestiall or else fvve merkes for the prvce of the Bolle therof. Carriage of The qlk dav James Lowrves (eister and wester) and James Lambe are all three decerned to pav ilke ane of them for bvgane Cairiages to Katherein Hamiltoune Laidy Stitchell eldest 81ib. Katharine The qlk day the haill tenants and possessours of the said Lady Stitchell. ^ a ^ are j n her lvferent lands are decerned to pay to her ther haill Mailles, fermes, kaynes and Cairiages 1 dew be them to her at Mertimas instant 1664 yeires and also for all uther yeires preceiding restand awand and unpaved. Byegone duties, The qlk day the haill tenants within this Barrony are all 1 These are examples of three forms of payment, viz. : Rents in money, fowls as rent, and several carryings of coals or other burdens as service. 1665] BARON COURT OF STITCHILL 35 judicially decerned and ordained to make payment of ther haill Mailles, fermes, kaynes, cairaiges and grass-mailles dew by ilke ane of them for ther awn pairtes conforme to ther severall possessiouns for all yeires and Teirmes byegane restand awand and unpayed within fyfteen days nixt efter they be chairged therto under the paine of poynding. The qlk day George ffrenche and Thomas Lambe obleist Lawburrows. and inacted themselves judicially that non of them shall trouble or molest each other in tym cumeing in body, guids or name be word or deid utherways nor be order of Law and Justice under the paine of Twenty punds Scots money for ilke failzie. The qlk day it is judicially statute and ordained that no The Laird's person within this Barronv presume nor tacke upon themselves Teinds - to leid, collect, or away take any of his Stocks of corne or grass from wher it grows till the Laird his Teynds be first collected and fully away taken both in the Nether town and Barrony Except be particular liberty fra the Laird himself. The qlk day John Lowry Barroun Officer is ordained to Riot, conveine and bring before the Laird within awght days nixt efter the dait heirof Robert and John Lillie and Margaret Dickesoun and ther witnesses for cleareing of that Ryot and Differences betwixt them under the paine of fourty shillings Scots for ilke absence. The qlk day Matthew Thompesone for Deforcement given Deforcement be him both to the Barroun Officer and the Bourlawmen is ^ 5 unlawed in 51ib. And it is statute and ordained that non within this Barrony giffe Deforcement neither to the Barroun Officer nor Bourlawmen nor Bourlaw Officer in tym cumeing under the lyke paine of fyve pund Scots without modifica- tioun for ilke Deforcement. Ane uther Barroun Court halden at Stitchell Kirke upon ( 29 ) the 20th day of Apprylle 1665 be the beffor designed Ryt l665 ' Apnl 21 Worthy Robert Pringle of Stitchell Barroun forsaid him- selfe. The qlk day the haill tenants and Coatters within the Barrony of Stitchell compeired all personally and took Instruments of ther Judiciall apeiring. 36 THE MINUTES OF THE [1665 Lady Stitchill younger. Riot Kayne hens. Bringing home coals. Margaret Scot Lady Stitchell. Claim. Multure ab- stracted ^5. The qlk day John Guttraw is decerned ex consensu ret to Walter Princrle as Assicmev lawfully constitute be the Laidv Stitchell vounger his mother for Candlemas last bvpast 1665 instant fvftv punds. The qlk day James Wilsone for Straickes and Ryot comitted be him upone James Cranstoune his brother-in-law is unlawed and amerciat in fwe punds. The qlk day Mr. Robert Hopper is found to be dew and decerned to pay to the Kaynes of Sweethope for crop 1664 six hens. Also Johne Donaldsone is decerned to pay the twa pairtes of those kavne foulls dew for the land possest be Issobell Stevisone for the said cropt 1664 and the said Issobell Stevisone herselfe the third pairt therof Becaus the haill moveables are swa pairted betwixt her and the Minister. The qlk day it is statute and ordained that all within this Barronv who bring not in ther proportioun of coalles beffor Lambes veirlv (being foure tymes lawfully wairned be the Barroun Officer for that effect) shall efter the said Teirme of Lambes als weill buy them upon ther awn expenses as bring them home veirlv in all tym cumeing. The qlk day the haill tenants and possessors of these lands pertaining to Margaret Scot Laidy Stitchell younger in Lyferent are decerned to pay ther haill Mailles fermes and dewty as dew be them ilke ane for ther awn pairtes for the Teirme of Candlemas 1665 last bvpast. The qlk day John Woode is decerned ex consensu ret to pay Johne Aitken fourteen punds twelv shillings. The qlk day Patrick Giffen is decerned to pay to Andro Nisbet tx consensu rei viii lib. 6 shillings. The said Patrick Giffen is also decerned to pay to Robert Lillie smythe for Smydye werke Ten punds 12 shillings 5d. The qlk day George ffrenche confest he abstracted his multures fra Stitchell Mylle to the prejudice of the possessor therof contrail* to former Acts of this Barroun Court wherfor he is unlawed and amerciat in fyve punds and to pay to Andro Nizbet Double Multure for a fulle of malt confest befor be him. The qlk day it is judicially statute and ordained that non 1665] BARON COURT OF STITCHILL 37 within this Barrony abstract ther Multures 1 Meall nor Malt in tym cumeing fra Stitchell My lie. but that they bring ther haill grinding come and malt therto to pay Mylle Dewties used and wont therfor under the payne of fvve punds and Double Multures to the possessor of the Mvlle for the corne and malt so abstracted and that the possessor of the said Mylle and his sub myllers keep the said Mylle in gud opera- tioun and do gud and thankefull service to the people thirled and therto resorting under the lyke paine. The qlk dav James Macdowell and William Moffat for 5r.d^: Erez- buying of bread to ther Brydall in prejudice of the possessour ~ of Stitchell Mylle contrair to former Acts of this Barroun Court are unlawed ane amerciat in ilke ane ten punds at the Lairds mercy and the said James to pay the possessed r of the Mylle for Double Multure of twa fulles quheat confest abstracted be him six shillings 8d. and the said William for a double Multure of a fulle of quheit abstracted be him 3 shillings 4d. The qlk day George Hoppe is judicially elected Bourlaw 7 Officer or Pundler in Nether Stitchell who deponed his oathe de fidel'i administratione officii without partiality favor hatred or malice. Tho. Pearson Notar. Publ. cler. Ane uther Barroun Court holden be the beffor desygned =■= Ryt Worthy Robert Pringle of Stitchell at Stitchell Kirke 1665 % upon the 9th day of December 1665 yeires. The qlk day John Guttraw in Stitchell is judicially decerned Claims. ex consensu rei to pay to William Swanstoune in Hume six- teen punds Scots. The qlk dav the said John Guttraw ex consensu rcl is judicially decerned to pay to John Lillie. smvthe. 91ib. 5s. lOd. ; Also William Hoggeard. wester, to the said Johne Glib. 3s. 4d. ; also Adam Hoggeard to the said John Lillie. 5lib. 3 3s. 7d.: also John Hoggeard. alias Calseyend vii: lib..vi:i >.. lOd. ; also George flrenche to the said John Lillie for Smydy thirled, and sold it or sent it to be gram to have defrauded the miller of his cut imposed for what were called abstracted his corn to the mill to which he was 1 at some other mill, he was considered es. and became iiabie km the penalties 38 THE MINUTES OF THE [t66 5 werke confest a wand 15s. with halfe a fulle of quheit. The qlk day Thomas Henrysone in Stitchell is decerned to pay to James Campbell malt man 4 lib. Thos. Pearsone Notar. Public, cler. Ox £18. ios. The qlk day James Lowry eister in Nether Stitchell is judicially decerned ex consensu rei to pay to John Smythe in Over Stitchell for the agreed pryce of ane ox bought and receaved be the said James 181ib. 10s. That Ryot and Straickes betwixt Issobell Turnbull and John Henrysone is contineued till Tuesday nixt and John Lowry Officer to convene the pairties beffor the Laird at Stitchell Place that day. Claims. The qlk day haveing heard the clame given in be James Wilsone Mercheand against Alexander Eiston, the said Judge did ordaine John Donaldsone and James Campbell to be auditors to ther accompts,who efter mature deliberatioun found the said Defender to be dew to the said persewer 71ib. 2s. wherfor the said Judge decerned for the said sowme to be payed be the said Defender. Rents The qlk day the said James Wilsone Mercheand is decerned to Margaret Scot Laidy Stitchell younger for the ferme of that parcell of the Maynes lande possesst be him for the yeir and cropt 1664 yeires Twelv punds 10 shillings. More for grass Maille 61ib. made 18lib. 10s. The qlk dav that Ryot betwixt George ffrenche and James Lambe is continewed till Tuesday nixt to be examined at Stitchell Place beffor the Laird. The qlk day the Settling of that Act for cutting of trees within this Barrony is continued till the nixt werke ai Stitchell Place. Assoilzied. The qlk day heaveing heard the clame given in be Thomas Allane Tinckler against Alexander Low ry eldest lawful son to the deceast Alexander Lowry his father acclaming fra him thre punds ten shillings restand unpayed be him to his deceast father Beffor his decease desyreing that as he as heir or owner or intromittor titulo lucrativo, or be any passyve tytells myght be decerned to mak payment therof The said Defender com- peired judicially and denyed that he ever intromitted with any of his deceast fathers guids geirs or moveables less or mair BARON COURT OF STITCHILL 39 titulo lucrative* qlk was clearly understood be the said Judge wherfor he was judicially absolved, assoilzied, quyt and freed fra the said clame fra ever. Tho. Pearsone Notar. Public, cler. Ane uther Barroun Court halden at Stitchell Kirke upon ( 3I ) the secund day of January jajvi c threscoir and six yeires Be the l666, J an- 2 before designed Robert Pringill of Stitchell Barroun forsaid. The qlk day Walter Elliot and Robert ffrenche confest Blood £50. judicially that they bothe comitted Blood ilke ane upon uther, wherfor they are unlawed and amerciat in ilke ane fyfty punds at the Lairds mercy. The qlk day Richeard ffairbairne, John Smythe, Joanet Arbiters. Bogge have judicially submitted themselves to John Lowry arbiter for the said Richeard and Johne Smythe and to James Campbell Arbiter for the said Joanet Boge anent the nixt amic- able divisioun of the guids and geir perteining to umqhile Robert ffairbairne only sone to the said Richeard and spous to the said Joanet Boge and anent all uther clames and differences betwixt them for all causes and occasiouns bygane And the said twa arbiters are to conveine, and pronounce their finall Sentence theranent within fyfteen days. The qlk day anent that clame given in be Adam Hogeard Assoilzied, against Robert Guttersone acclaming fra him awght peckes of ait meall for nuorisse, the Defender denved the said clame qlk was referred to the persewers probatioun, whereintill the said Adam failzied and succumbed, therfor the Defender is judicially assoilzied absolved quyte and freed fra the said clame fra ever. Ane Heid Barroun Court halden at Stitchell Kirke upon (32) the 24 day of March jajvi c threescoir and six yeires be the 1666, Mar Beffor desygned Ryt Worthy Robert Pringill of Stitchell Barroun forsaid. The qlk day the haill tenants and coatters within this Barrony compeird all judicially and tuike Instruments of ther compeiring. The qlk day Adam Haggeard in Stitchell is judicially decerned ex consensu rei to pay to James Pattersone in ffogo 40 THE MINUTES OF THE [1666 Half year for fee and Bountith for halfe a yeires service awght punds £8. 13s. thretein shillings. Claims. Th e q]j^ j a y John Guttraw in Nether Stitch ell is decerned ex consensu rei to pay to William Watsone gairdener seaven punds 5s. The qlk day the said Johne Guttraw is decerned conforme to his awn confessioun to pay to Andro Nizbet in Stitchell Mylle and William Nizbet his soune threten punds ten sh. The qlk day James Campbell is judicially decerned to pay to William Haggeard wester, for wheit be the oathe of said Defender 61ib. 15sh. The qlk day James Wilson Mercheand is decerned to pay to Johne Underwoode Beddell, thretty thre punds and continew the Extract heirof till the penult of this moneth till the Defender be heard be the Laird in his defence, (if he has any becaus of his present absence) or else to be extracted. The qlk day James Lowrie eister, is decerned to pay to Katherein Eastoun relict of the deceast Robert Lillie smyth in Stitchell Ten punds seaven shillings ten pennyes. Margaret Scot The qlk day Robert Hamiltoun in Nether Stitchell is younger! ' judicially decerned ex consensu rei to pay to Walter Pringill Rents. Advocat 1 as assigney constitute be Margaret Scot Laidy Stitchell younger his mother for the Maill of that land possesst be him perteining to her in lyferent for the yeir and cropt 1665 yeires payable at Candlemas last 1666 yeires instant Twentie fyve punds; also to pay to him the Maill and dewty of the said land for all uther yeires and Teirmes preceiding restand a wand and unpaid. Also John Guttraw is decerned to pay to the said Walter as assigney forsaid his Maille and dewty for the said lyferent lands possest be him for the Teirme of Candlemas last 1666 yeires and for all uthers Teirmes preceiding unpayed. The qlk day Richeard Guttraw, George Hamiltoune aUas Hill, George Dickesoune, Adam Haggeard, Johne Donaldsone, James Lowry, Johne Hamiltoune, Adam Hamiltoune, James Wilsone are all judicially decerned ex consensu rei to pay to 1 Brother of Robert the laird, and counsel later for the Bothwell Bridge Covenanters. 1 666] BARON COURT OF STITCHILL 41 Margaret Scot Laidy Stitchell younger their haill Mailles and dewties dew be them for the said hyr lyferent lands possest be him for the Teirme of Candlemas last by past jajvi c thre scoir and six yeires and for all uther yeires and Teirmes preceiding restand awand and unpayed ilke ane for ther awn pairtes. The qlk day John Haggeard alias Calseyend is decerned Claim, to pay to Johne Guttraw thre punds twa shillings reserveing actioun to the defender to persew John Lyllie smythe younger for his relieffe of 26 shillings therof. Tho. Pearsone Notar. Public, cler. Ane uther Barroun Court halden at Stitchell Kirke upon (33) the twenty foure day of September jajvi c threscoir and six l666, Sep 24 ' yeires be the Beffor desygned Right Worthy Robert Pringle of Stitchell Barroun forsaid. The qlk day Johne frrenche in Over Stitchell is decerned Claims, to pay to Thomas Gray in Smailholme fyftein punds sixtein shillings principall with twenty shillings expenses viz., six lib. therof at Mertimas nixt 1666, 31ib. therof at Mertimas 1667, 31ib. therof at Mertimas 1668, uther thre punds with the expenses at Mertimas 1669 yeires. The qlk day it is statute and ordained that ilke husband- Tax f or sharp- land within this Barony shall pay a sufficient Stouke of outfield aits 1 yeirly proportionally in tym cumeing for shairpeing corne to Robert Lillie smythe ; and the former Act made in favor of the smythe stand in force for tymes byegane. The qlk day Johne Guttraw is decerned to pay to Walter Rent. Pringle advocat for his Maill for the Teirme of Lambes last bypast and uther tymes preceiding thre scoir twa punds fourtein shillings 8d ex consensu re'i. Also Robert Hamiltoune is decerned to pay to the said Walter for Lambes last 1666 twenty fyve pundes. The qlk day Adam Hageard, Richeard Guttraw, Johne Lady Stitchell, Donaldsoune, James Lowry, Wylliam Gottersone, William >ounger ' Hogeard, George Hamiltoune (hill) and Johne Hamiltoune are all decerned to pay ther severall proportiounes of ther sowmes 1 One-fourth of the farm land lying next the farmhouse was more thoroughly fertilised than the remainder, and was called infield. The remaining three- fourths formed the outland or outfield. 42 THE MINUTES OF THE [1666 dew be them to the said Laidy Stitchell younger for the Maynes for Lambes last 1666 yeires and for uther yeires and times byegane restand awand and unpayed. interest. The qlk day George fFrenche ex consensu rei is decerned to pay for Interest Monv vet restand unpayed fyftein pundes. Trespass. The qlk day it is judicially statute and ordained that the Tennants in the Over Toune keipe their Cattell from the ground grasse and pasture of Homebyres possest be Mr. ffrancis Pringill Sommer and Winter under the paine of six shillings Scots for ilke beast horse or nolt. And the said Mr. ffrancis inact himselfe judicially that his Cattell and Bestiall shall abstain fra the ground and pastures of the Over Toune of Stitchell under the lyke paines. Fee £3. The qlk dav Thomas Gray in Smailholme ex consensu rei is decerned to pay to Margaret Dickesoune for fee 31ib. Rents. The qlk day all within this Barony who are awand ther rents, maills, and fermes for Mertimas last 1665 and for the said Cropt judicially decerned to make payment therof. (34) 1 666, Dec. 13. Fee £j. 10s. Bridal Bread. Decree in Absence. Grassmaille. Ane uther Barroun Court halden at Stitchell Kirke upon the threttein day of December jajvi c threscoir six yeires be the beffbr desvgned Ricrht Worthy Robert Pringill of Stitchell Barroun forsaid. Curia legittime affirmata. The qlk dav James Lowrv in Nether Stitchell is judicially decerned ex consensu rei to pay to William Service for fee seven punds ten shilling. The qlk day Andro alias David Haggeard for buying of bread to his Brvdall contrair to former Acts of this Barroun Court is unlawed in Ten punds at the judges mercy and he is also decerned to pay to Andro Xizbet possessor of Stitchell My lie for the Multure of that abstracted quheit ten shillings Scots. The qlk day William Moffat lawfully cited ofttymes called and not compeiring is holden as confest and decerned to pay to George fFrenche in Over Stitchell Twenty seaven punds twelv shillings Scots and continewes the extracting of this pntt Decret till the twenty day of December instant that the De- fender may be heard be the Laird becaus of his present absence. The qlk day all within this Barrony and jurisdictioun lyable BARON COURT OF STITCHILL 43 in payment of grass-maille for the Teirme of Mertimas last bypast jajvi c thre scoir and six yeires are decerned ex consensu rei to make payment therof. The qlk day the haill tennents of this Barony are decerned Schoolmaster, to pay to Mr Thomas Halvburtoune Schoolmaister and pre- centor at Stitchell fourtv pundes proportionally ilke ane for ther awn pairtes conform to ther several possessiouns yeirly dureino; his seryeing of the said Cure as Precentor and School Maister at Stitchell Kirke proportionally in maimer used and wont. The qlk day Robert Tailzieor and Alexander Lowry in Herd s corn. Queenscairne are decerned equally to pay to William Turne- bull hird there fyve fulles of aits with twa pecks and a halfe of humble corne. The qlk dav it is statute and ordained that non within this Bridal Bread Barronv who shall make Brvddell Bread herefter shall buy an " * e ' their Brydell Aille and Drinke furthe of the Barrony but that they buv their haill Aille for the use of the Brydell fra the Brewers within the Barony provydeing the said Brewers make their Aille also gud and sell it to them for also a reasonable pryce as it is sold in the country and as they may buy it fra uthers under the paine of Ten pundes Scots money for the Aille bought out of the Barrony by and attour the satisfac- tioun to the possessor of Stitchell Mylle for the Multures of the Brydell malt together therewith. Ane uther Heid Barroun Court holden at Stitchell Kirke (35) upon the sixtein day of ffebruarv jajyi c thre scoir and seaven 1667 ' Feb " l6 ' veires be the beffor desvomed Rvt Worthy Robert Pringill of Stitchell Barroun forsaid. The qlk day John Hoggeard alias Calsevend is decerned ex Claim. consensu rei to pay to William Hoggeard wester in Nether Stitchell twenty punds foure shillings. The qlk day John Guttraw in Nether Stitchell is decerned Harvest fee ex consensu rei to pay to James Grieve in Tofts for harveist I4 ' fee seaventein punds fourtein shillings. The qlk day the said John Guttraw is also decerned to pay Harvest fee £4. to Henry ffairbairne in West Gordoun for harveist fee foure punds. 44 THE MINUTES OF THE [1667 The qlk Robert Hoge absent is hold en pro confesso and decerned to pay to George ffi-enche Thre punds 5 shillings 8d. The qlk day John Gottraw in Nether Stitchell is decerned to pay to Elizabeth Courtney 1 pntt spous to Mr David Starke Minister at Stitchell for the modified pryce of twa corne sackes lost be the defender as was clearly verified judiciallv be the persewer fourty awght shillings. Continew that claime James Campbell possessor of Stitchell Mylle contra George ffrenche for abstracted Multures to the Laird his farther deliberatioun. The qlk day Robert Hamiltoune is decerned to pay to Thomas Wood confest for service thre punds fourtein shillings. Ita est attestor ego Thomas Pearsone Xotarius Publicum cler. The qlk day Johne Guttraw is judiciallv decerned to louse that arreistment made be Johne Aitken in the hands of Robert Lillie smythe and the said Johne Guttraw is decerned to delvver the corne sold be him to the said Robert Ultie suf- ficientlv dry conforme to ther first condition, and efter the arreistment is loused ordaine the said Robert Lillie to pay to the said Johne Guttraw the agreed pryce for the said corne with all possible diligence efter the lousing of the said arreist- ment. The qlk dav Johne Donaldsone and Robert Hamiltoune are judicially elected both be the judge and pairties to be auditors to the haill accompts betwixt the said John Guttraw and the said Robert Lillie and to give a perfect accompt of ther dili- gence to the Laird theranent within fyftein days. The qlk day James Wilsone is decerned to pay for the ferme heir of that pairt of huppers lands possest be him for the veir and cropt 1665 and James Campbell is decerned to pav for the grass mailles of that land last possest be the said James Wilsone for the yeire and cropt 1666 yeires last bypast. The qlk day the haill tenants within this Barrony are all decerned to pay to Maister Thomas Halyburtoune School- maister and Precentor at the Kirke of Stitchell fourty punds veirly proportionally furthe of the said Barrony conform to : Elizabeth Courtney, spouse to Mr. David Starke, minister. The suggestion is here thrown out that this lady may have been the daughter of Mr. Starke's predecessor, whose incumbency ceased in 16 13. 1667] BARON COURT OF STITCHILL 45 ther several 1 possessiouns ilke ane for their awn pairtes viz. for a yeir preceiding the twenty ane day of Marche nigh to cum and Teirmely in tvme cumeing at Witsunday and Mertimas Begineing the first Teirmes payment for his secund veires service at Mertimas nigh to cum in this pntt yeir of God 1667 yeires for the halfe yeir preceiding. The qlk day James Lowry eister is decerned ex consensu ret Katharine to pay to Katharein Hamiltoune Laidy Stitchell eldest for the Rent .£30. Teirme of Mertimas last 1666 for that land possest be him perteining to her in liferent thretty punds. Also James Lowry wester is decerned to pav to her and to Rent unpaid, her factors in hir name fourty shillings Scots mony resting unpayed of the yeir and cropt 1665 thretty punds for the maille of her lyferent lands possest bv him for the veir and cropt 1666 last bvpast. Also Alexander Giffen is decerned be his awn confessioun Ferme Beir. to pay to the said Laidy Stitchell eldest for the ferme beir of that pairt of her lyferent lands possest be him for the yeir and cropt 1665 yeires Twelv punds twelv shillings. The qlk day James Lambe. James Lowrves eister and wester Loads of Coais. are decerned to bring some fourtietwa loads of bvegane coalls in maner efter divyded viz.. To the Laird ilke ane Ten loads therof ; and to the old Laidy herselfe be the said James Lambe four loads therof ; be the said James Lowrv eister awght loads therof ; and be the said James Lowrv wester uther Ten loads of the said coalls. The qlk day the said Judge and Barroun takeing to his Geese- serious consideratioun the great hurt and skaithe done be keiping of geisse within this Barrounv in Sumar in tvme bvegane, Theirfor it is judicially enacted statute and ordained that non within this Barrony keipe Geisse in tvme cumeing from the first day of May untill the cornes be tevnded. and teynds and stocks totally led home and inclosed in the Lairds, yeirly in all tyme cumeing under the pane of twentv shillings Scots for ilke failzier and attour payment of the skaithe to the pairty damnified. The qlk dav the said Judge and Barroun haveing heard the Anentthe lybell and complaint given in be the haill tenants of this " Barrony mentioning that the possessors of Stitchell Mylle and 46 THE MINUTES OF THE Myllers ther will not sutler them to cast on seids on their beginning to grind their melder in maner used and wont both in this Mylle and uther Mylles: qlk being heard and considered by the said Barroun and he therwith being weill and ripely advvsed did efter mature deliberatioun statute and ordain that the owner of ilke Melder shall have liberty first to cast in a Neiffefful of seeds bettor they grind their meill or sheillings. Also it is statute and ordained that the owner of the corne mak their awn sheilling in all tvme cumeing. 1 (36) Ane uther Barroun Court halden at Stitchell Kirke upon i66 /f Jui> 13. ^ e threttein dav of Jullv jajvi 0 thre scoir seaven yeires be the beffor desvgned Rvt Worthy Robert Pringle of Stitchell heretable proprietor of the saids lands and Barony therof. Curia legitime affirmata. Damages. The qlk day James Campbell ex consensu rei is decerned to pay to Robert Hamiltoune awghi punds 13s. 4d. destroyed be his Bestiall apprysed be the Bourlawmen, and for thre halfe fulles of aits eaten be his Bestiall and apprysed be the Bour- lawmen twentyfoure shillings Scots. And the said Robert offered to the said James to quvte him the said sow me con- teined in the said Decreit if he wold do him no more hurt nor skaithe in tvme cumeing and find him sufficient Cautious for that effect anent his neyboirheid within awght days nixt efter the dait heirof in tvme cumeing. Whereupon James tuik Instruments and if the said Cautioun be not found within awght davs the Decreit is to be extracted and put to all legall Executioun. Eodcm die the said James Campbell ex consc?isu rei is Claims. decerned to pav to Richeard Guttraw foure pund 6sh. 8d. The qlk dav Thomas Lambe is judicially decerned to pay to Katharein Eastoune and Joanet Guttraw relicts of the deceast Johne and Robert Li Hies lait smythes in Stitchell equallv betwixt them twa for smvdy werke and drinke threttein punds six shillings. The qlk day Alexander GifFen is decerned to pay to the 1 The Black Dwarf * was two years at Broughton Mill, employed in stirring the husks of oats, which were used for drying the corn on the kiln, and required to be kept constantly in motion.*— Horae Subsccivac, II. BARON COURT OF STITCHILL 47 said Kathreen Eastoune and Joanet Guttraw instructed be the saids deceast husbands their compt Book equally betwixt them twa. awght punds Scots. The qlk day Johne Wood, John Windrim couper being Bridal Bread, absent is holden as confest, and James ffairbairne for buying of quheit Bread to eomoun Brvdell contraire to former Acts of this Barroun Court in prejudice to the Myller are unlawed in ilke ane Ten punds at the Judges modificatioune and mercy. Tho. Pearsone Notar. Publict, cler. Ane uther Barroun Court halden at Stitchell Kirke upon , {? 7 \ 1 1667, Sept. £ the fourtein day of September jajvi c threscoir and seaven veires forsaid, Be the befFor designed Right Worthy Robert Pringle of Stitchell heretable proprietor of the haill lauds and Barron v thereof. The qlk day William Moffat in Over Stitchell is judicially Claims, decerned to pay to Andro Dickesone in Ednam ex consensu rei Thre punds 16sh. Also James Lowrv wester is decerned to pay to Andro Xisbet ex consensu rei for his victual! foure punds. The qlk day the said Judge and Barroun haveing heard the Great Riot. Lvbell and clame given in be Johne Underwood Procurator ffiscall of this Barroun Court against Thomas Bovde and Robert Hoge in Over Stitchell mentioning that thev had comitted Blood. Ryot and Straickes ilke ane upon uthers to the effusion of Bothe their Bloods in great abundance and great hazard of bothe their lives. Also upon Andro Robesone and Johne Hoggeard for Straickes and Ryot comitted be them upon Robert Lillie smythe ; also upon Stephen Burne and James Lidgait minors for Blood and Straicks comitted be them twa upon uthers : also upon Johne Windrim for Blood and Straickes aledo-ed comitted be him upon the said James Lidgait minor. The qlk haill claimes being heard red, seine and considered inquest, be the said Barroun he being weill and rvpelv advvsed, sub- mitted and referred the saids Bloods and Rvots to fvfteen famous men of Inqueist who being all solemnlv sworne and thereafter inclosed, elected Andro Xizbet jun. Chancellor of the said Inqueist. The said Chancellor be the mouthe of the 48 THE MINUTES OF THE said Inqueist efter mature deliberatioun doe all in ane voyce convict and declare the saids Thomas Boyde and the said Verdict. Robert Hogge ilke ane to be guilty of a Ryot and Straicke upon uthers and the said Robert Hoge ilke ane to be guilty of the Wyte of the said Ryot, and the said Robert his foalle did provoke the said Ryot be eating of the said Thomas his corne and the said Robert refused aither to amend or to be restricked also the said Chancellor and Inqueist finds and declares them bothe to be guilty of Blood as was clearly verified be famous witnesses and referres their censures to the Laird and Barron. Also they convict and declare the said Andro Robesone and the said John Hoggeard to be bothe guilty of Ryot upon the said Robert Lillie smythe as was clearly verified be famous witnesses and referrs their censures to the Laird and Judge. Also the saids Inqueist finds the said Stephen Burne and James Lidgait minors to have bothe comitted Blood ilke ane of them uther conforme to their awn confessioun and referrs their censures to the Laird and Judge. Also the saids Inqueist convict the said Johne Underwood couper of Straikes and Ryot comitted be. him upon the said James Lidgait minor and assoilzies and absolves him of the Blood becaus swa verified be famous witnesses and referrs his censure for the said Ryot to the Barroun and Judge. Sentence. The qlk day the said Barron and Judge conforme to the Act and Convictioun of the saids fyftein famous men of Inqueist pronunced be the said Chancellor did judicially unlaw and amerciat the said Robert Hoge and Thomas Boyd for the said Bloods in ilke ane fyfty punds. And the said Robert Hoge for Blood wyte in Twentyfyfe punds at the Judge his mercy and modificatioun. The qlk day also the saids Andro Robesone and Johne Hoggeard conforme to the said Act of Convictioun are unlawed in ilke ane Ten punds. Also the saids Stephen Burne and James Lidgait minors conforme to the said Act of Convictioun are at the Lairds mercy for what amerciament or personall punishment he pleaseth for the said Blood becaus of their present minority pupillarity and less age. Also the said John Windrim couper conforme to the said 1 667] BARON COURT OF STITCHILL 49 Act of Convictioun for the said Ryot and Straickes comitted be him upon the said James Lidgait minor is unlawed in Ten punds Scots and judicially absolved assoilzied quyte and freed fra the said Blood aledged comitted be him forever. The qlk day all differences and matters questionable betwixt Judicial Sub- Alexander Giffen and James Lambe are judicially referred and misslon - submitted to Adam Hoggeard for the said Alexander his pairt ; and to Johne Donaldsone for the pairt of the said James Lambe as arbiters chosen be ilke pairty and to settle, agree and reconce all them ; and what the saids twa arbiters ordaines the saids twa pairties are judicially decerned to obey and the saids pairties and arbiters are to convene for that effect within awght dayes efter the dait heirof. And the said Johne Donaldsone is also becumed Cautioner Cautioner and for the said James Lambe; and Patrick GifFen eldest lawfull Brother to the said Alexander is becum Cautioner, Surety and Law Burrows for the said Alexander that the saids Twa pairties, their wyfes, bairnes, servants, and families shall not trouble, or molest uthers in Tyme cumeing be word nor deed utherways nor be order of Law and Justice under the paine and penalty of Twenty punds for ilke failzie, and the saids Twa pairties have judicially inacted themselves to relieve their saids Twa Cautioners of their said Cautionry. The qlk day Alexander Lowry in Queenscairle and William Absolved. Turnbull hird there, are both judicially absolved of a sheep acclaimed fra them be William Thompson weaver be their oathes of verity. The qlk day the said Judge and Barroun takeing to his Act for Planting, serious consideratioun the great prejudice that this Barrony and Indwellers therein doe susteine for want of planting and setting of young trees and how profitable and pleasant planting is, and what detriment this Barroun susteines for want and neglect therof, Therefoir the said Judge and Barroun hath statute and ordained that ilke Tenant and Coatter in Nether Stitchell shall plant in their severall yairds six guid Ashe plants yeirly till their yairds be sufficiently planted. And to begin to plant betwixt Mertimas and Yuil nixt, and swa furthe betwixt the said two kinds yeirly till the saids yairds be planted, and in place of ilke decreaseing plant to replant a D 50 THE MINUTES OF THE Act anent dykes. Act anent Dastrovers. Act anent trespass. Service. Absolvitor for the Weavers. new plant in place thereof under the paine of fyve punds for ilke failzie. The qlk day it is also statute and ordained that ilke Tenant within this Barony make ther heid dycks sufficient and hird- well for keiping the saids plants at all tymes in the yeir, and for keiping of guid neyboirheid, and to begine within awght days nixt efter the dait heirof to bige their saids heid dyckes under the paine of fyve punds. Also it is judicialy statute and ordained that the Breakers and Destroyers of the said plants shall pay for ilke transgres- sioun Ten punds by and attour personall punisshment at the Lairds pleasure. Also it is statute and ordained that non within this Barony old nor young make Rods nor gaits threw their neybors yairds nor breake doune their neybors dykes nor goe nor passe throw their neybors yairds under the paine of Twelve shillings Scots for ilke failzie. The qlk day it is statute and ordained that the possessors of ilke ane husband-land within this Barony lyable for Service shall furnishe and put furthe ane able workeman for helpeing to cast a ditche about the eister Louche proportionally, and foure of them to be ready dayly for that effect course and tyme about proportionally till the samyn be fully casten and ditched. The qlk day the haill weavers within this Barony being complained upon be John Underwood Procurator fflscall of this Barroun Court for makeing and weaveing Linen cloathe vendible for Ten shillings or above within the breadth of ane elle and twa inches contrair to the Act of Parliament made in anno 1662 qlk. being referred to their oathe of verity they all compeired personally and being all severally deeply sworne they all deponed that they did not weave any Linnen cloathe vendible for Ten shillings or above within ane elle and twa inches of Breadth since November jajvi c sixty ane yeires ; theirfoir the said Judge and Barroun assoilzied absolved quyte and freed the said haill weavers within this Barrony fra transgressing of the said Act of Parliament for all tyme bygane. Tho, Pearsone Notar. Public, cler. BARON COURT OF STITCHILL 51 Ane utber Barroun Court being ane Heid Court halden at (38) Stitchell Kirke upon the first day of ffebruary jajvi c and sixty l668, Feb x * awght yeires be the beffoir designed Right Worthy Robert Pringill of Stitchell heretable proprietor of the haill lands and Baron v thereof. Curia legittime affirmata. The qlk day the haill tennants and Coatters within the said Barrouny compeired all personally and tuike Instruments judicially of their compeirance. The qlk day the said Barroun and J udge sitting in Judgment R iot £\o. in ane fensed Court haveing heard the Lybell and complaint Blood ^ 50, given in be Johne Underwood Procurator ffiscall of this Bar- roun Court against James Campbell in Stitchell Mylle and Andro Robesone his hynde mentioning that they not only comitted Ryot and Straickes upon uthers with Staffes handes and feet and uther weapons offensive dinging uther to the ground most cruelly But also to the effusione of Bothe their Bloods in great abundance and great hazard of bothe their lives The said Judge efter mature deliberatioun, the saids pairties being lawfully wairned ofttymes called, not compeiring therfor ilke ane of the saids twa pairtyes are judicially unlawed and amer- ciat for Ryot and Straickes in Ten pundes And the said James Campbell for Blood comitted be him upon the said Andro Robysone as was clairly understood be the said Judge is unlawed in fyfty punds at the said Barroun his mercy. The qlk day William Gottersone cordiner in Stitchell called Malt ^14. not compeiring is halden as confest and decerned to pay to Joanet Handyside in Kelso for malt fourtein pundes. Also Jane Alexander in Over Stitchell called not compeiring Malt 16 Merks. is halden as confest and decerned to pay to the said Joanet Handyside for malt sixtein merkes. The qlk day William Moffat in Over Stitchell also called Claims, and not compeiring is holden as confest and decerned to pay to David Cowan in Ednam Twenty thre punds 14 shillings. The qlk day John Guttraw in Nether Stitchell ex consensu rei is decerned to pay to Robert Hoggeard there twenty six punds six shillings viz. the one halfe within fyftein days and uther halfe at Mertimas nigh to cum 1668 yeires. The qlk day Andro alias David Hoggeard is decerned ex Claims. 52 THE MINUTES OF THE [1668 consensu rei to pay to William Hoggeard eister mailler fyfe punds ten shillings. The qlk day also Patrick Giffen absent holden as confest is decerned to pay to James Thompesone for weaver worke foure punds 8 shillings. Also Alex Giffen is decerned to pay to the said James thre punds. Tho. Pearsone Notar. Public, cler. (39) Ane uther Barroun Court halden at Stitchell Kirke upon c ' 3I ' the last day of October jajvi c sixty eight yeires be the beffor designed Right Worthy Robert Pringill of Stitchell heretable proprietor of the haill Lands and Barrony thereof. Curia legittime affirmata. TwoStots The qlk day Alexander Giffen in Nether Stitchell being £*9- 4s. lawfully summoned personally, ofttymes called and not com- peting is halden as confest and decerned to pay to Thomas ffairbairne therfor the pryce of twa stots bought and receaved be him fra the said persewer as was clearly verified Nyntein punds foure shillings. Claims. The qlk day George Hamiltoune (alias hill) in Nether Stit- chell is decerned to pay to Jeane and Euphean Andersones lawfull sisters to the deceast Issobell Andersone aequally, and to Alexander Maisson pntt. spouse to the said Jeane for his interest ex consensu rei Nyntein punds Scots mony (they finding Cautioun to warrand him at the haill uthers aires and executors of the said Issobell and all uther hands qtsumevir). The qlk day Andro alias David Hoggeard is judicially decerned to pay to Katreine Eastone relict of the deceast Robert Lillie smythe in Stitchell confest eleven punds twelve shillings confest. The qlk day Johne Smythe is to be auditor and to examine Richeard ffairbairne his smydy accompts and what is already payed to Joannet Guttraw her daughter in law to be redely- vered be her to the said Kathren Eastone. The qlk day George ffrenche is decerned to pay to Richeard ffairbairne for eaten corne fourty eight shillings. Claims. The qlk day Alexander Giffen called, not compeiring is decerned to pay to Johne Hageard nyntein punds six shillings. i668] BARON COURT OF STITCHILL 53 The qlk day Johne Guttraw is decerned to pay to Andro Burne for bygane fees Twelv punds six shillings. The qlk day Johne Hoggeard is decerned to make furthe cumeing to Margaret Smythe, if Law will, foure sheip pntte in his possessioun perteining to Robert Cromby and wreisted in his hands till that Action depending betwixt Margaret Smythe and Robert Cromby be legally discussed. The qlk day James Campbell and Robert Hamiltoune are Arbiters, decerned to be Arbiters for settleing of that Difference betwixt William and Johne Hogeards anent exchanged Mares and in cace of their variance the Laird is pleased to be Odman. The qlk day Adam Hogeard is decerned to redelyver to Thomas Hoggeard pnttly twa sheip of three and ordaine Johne Lowry, Johne Donaldsoune and Robert Hamiltoune to [putte] these foure sheip in the custody of Joanet Guttraw and if one of them be found to belong to the said Thomas the said Adam Stott Hoggeard is decerned to sattisfie the said Joanet Guttraw therfor And the said sheip to be delyvered to the said Thomas Hoggeard as his awin. The qlk day William Hoggeard is decerned to pay to Johne Haggeard younger ex consensu rei fourtein punds ten shillings. The qlk day Adam Hoggeard is decerned to redelyver to James Leith herd aither two sheipe lost upon his default or else three punds sevin shillings for the modified pryce therof. The qlk day Johne Lowry and Robert Hamiltoune are elected arbiters to meit and decide all differences betwixt George Hamiltoune and William Hoggeard and what they decerne the pairtyes are judicially decerned to obey. John Lowry Barroun Officer of this Barrony is ordained T f r ^ ls ^ 1 ess ° rs and authorized to poynd all transgressors of that Act made Act. 6 a " ' 1 anent planting and make the fynes and unlaws of the Trans- gressors to be payed. Also the said Barroun Officer is ordained to poynd William Militia. Service for fyve punds for resetting of James Leitche in Dalcove contrare to that Act made be the honorable Commissioners of the Shy re anent the Militia. 1 1 James Leitche had been drawn to serve in the Militia, and had been hidden by William Service, whose goods were now arrested to the value of five pounds. 54 THE MINUTES OF THE (40) Ane uther Barroun Court being ane Heid Court halden at 1669, April 10. stitchell Kirke upon the 10th day of Apprille 1669 Be the beffor designed Right Worthy Robert Pringill of Stitchill Barroun. Blood £50. The qlk day James Campbell for Blood comitted be him upon James Johnstoune as he confest is unlawed in fyfty punds. Opprobrious The qlk day Johne Hoggeard for opprobrious speaches to peec es 30s. jj^g^ LiHj e sm ythe is unlawed in thretty shillings And the Provocation said Robert Lillie for provoking of him be words and offering 5 ° s ' of Straicks and Ryot is unlawed in fyfty shillings. Claims. The qlk day Johne Guttraw is decerned ex consensu rei to pay to Johne Lowry seaven punds fyftein shillings. The qlk day William Moffat in Over Stitchell called, not compeiring is decerned to pay to James Dawsone in Hume byres for oatts bought and already receaved be him fra the persewer nyntein punds and continews the Extract heirof for foure days till the Defender be heard be the Laird becaus of his pntt absence. The qlk day George Dickesoune in Nether Stitchell called, not compeiring is judicially decerned to pay to James Cossar portioner of Hassingtone six punds Scots mony. The qlk day William Hoggeard confest and is decerned to pay to James Dawsone foure punds foure shillings. And Adam Hamiltoune is decerned to pay to the said James 42 shillings. Smithy work. The qlk day Adam Hoggeard in Nether Stitchell is de- cerned to pay to Kathrein Eastoune relict of the deceast Robert Lillie smythe there for smydy werke one pund eight shillings. James Lowry wester to the said Kathrein llib. 10 shillings 4d. And Johne Hoggeard is to relieve the said James Lowry of what pairt of the said sowmes he has receaved from him already. Robert Hog to the said Kathrein Eastoune confest . . . William Moffat to her 23 shillings. David Hoggeard to her for smydy werke 13 shillings 4d. And the said Johne Hoggeard and his spouse are decerned to releive them at the hands of the said Kathrein of what he or his said spouse has already receaved fra the defenders therof if any be. 1669] BARON COURT OF STITCHILL The qlk day John Guttraw is judicially decerned to pay to Claims. James Lowry eister confest foure punds with foure fulls of aits or else four merkes for the pryce therof. The qlk day George ffrenche is decerned to give to Issobell Trottar 7 hirdbolls fyve fulls of aits with nyntein shillings raony. The qlk day Adam Hoggeard is decerned to pay to Thomas Hoggeard confest eightein pounds. Tho. Pearsone Notar. Public, cler. The qlk day John Lowry Barroun Officer of this Barony is Transgressor* decerned to poynd all transgressors of that Act made anent Planting for the fynes and unlaws therein exprest. The qlk day Johne Donaldsone, James Campbell and Johne Auditors. S my the are to be auditors to revise the Compts and determine therein betwixt Richeard ffairbairne, Joanet Guttraw and Kathrein Eastoune her mother-in-law and ordaine the said Kathrein Eastoune to give foure punds fyftein shillings of the first end therof and what is not in the said Richeard his hands therof to be payed to the said Kathrein be the said Joanet 41ib. 15 shillings. The qlk day William Tailzieor in Queenscairne is decerned Fee ^3- 9. 6. to pay to Cudbert Purveis tor fee unpayed thre punds nyne shillings six penyes with a pair of sufficient new hose. Ane uther Barroun Court halden at Stitchell Kirke upon (41) the 23rd day of October 1669 yeires be the beffor designed 16691 ° ct - 23 ' Right Worthy Robert Pringill of Stitchell Barroun himself. Curia legittime affirmata. The qlk day George ffrenche in Over Stitchell and William Keeping Swine Hoggeard wester in Nether Stitchell for keipeing swyne in 111 Summer - Summar contraire to former Acts of this Barrony Court are unlawed in ilke ane twenty shillings. The qlk day Adam Haggeard called, not compeiring is Rents, halden as confest and decerned to pay to Mr. Francis Pringill now of Rowingstoune 1 as assigney constitute be Margaret J This is a brother of Robert the laird, and son of John Pringle who prede- ceased his father, the first Robert. Three sons of John are now accounted for : Robert the laird, Walter of Graycrook, and Francis of Rowingstoun. There were at least five other children of John Pringle. 56 THE MINUTES OF THE [1669 Claim. Claim, Absolvitor. Claim. Riot £10. Carriages. Not Planting 12s. Scot Laidy Stitchell his mother Twenty twa punds foure shillings for his proportioune of Maille for that pairt of the Maynes possest be him for the Teirmes of Candlemes and Lambes jajvi c thre scoir and nyne yeires instant. The qlk day the said Adam Haggeard called not compeir- ing is halden as confest and decerned to pay to Robert Lillie smythe for smyddy werke eleven punds eight shillings and ten pennyes. Tho. Pearsone Nottar. Publict, cler. The qlk day Johne Lowry is decerned to pay and redelyver backe againe to Robert Hogge qlk was layed in pand in his hand fyfty foure shillings. The qlk day Robert and Johne Hamiltoune being persewed be the Procurator ffiscall for Ryot, Straickes and Blood aledged comitted be ilke ane of them upon uthers they denyed bothe and the said Procurator ffiscall succumbed and failzied in his probatioun wherfor the said Defenders are judicially absolved and assoilzied quyte and freed therfrae for ever. The qlk day John Guttraw called and not compeiring is halden as confest and decerned to pay to Alisone Lowry eight punds Scots mony and continews the Extract heirof till the Defender be heard befFor Johne Lowry and Johne Donaldsone within eight dayes becaus of his present absence utherways the Decreit to be extracted. The qlk day Johne Lowry Barroun Officer for Ryot and Straickes confest comitted be him upon James Campbell is unlawed in Ten punds at the Laird his mercy. The qlk day Johne Lowry is authorised and impowered to stent and collect mony for paying bygane cairiages propor- tionally ilke ane for their awin pairtes and to pay for all Maylles and bygane Cairiages therwith. The qlk day the haill Tennents in Queenescairne neglecting to perfect their pairt of that Act made anent planting are unlawed and amerciat in ilke ane of them Twelv shillings Scots. Tho. Pearsone Nottarius Publicus, cler. (42) . 1670, Oct. 8. Ane Heid Barroun Court halden at Stitchell Kirke upon the eight day of October jajvi c threscoir and ten yeires Be the 1 670] BARON COURT OF STITCH ILL 57 beffor designed Right Worthy Robert Pringill of Stitchell Barroun. The qlk day the haill tenents and Coatters being all lawfully wairned to this present day compeired all personally and tuike Instruments of yr appearance. The qlk day compeired Robert Hogge and William Hut- Riot £5. sone in Over Stitchel and confest both judicially that they comitted Ryot and Straickes ilke ane upon uthers wherfor they are unlawed and amerciat ex consensu rei in ilke ane fyve punds. Also Matthew Thompesone Webster for deforcing of Johne Deforcing £5. Lowry Barroun Officer in poynding and lawful administratioun of his Office is unlawed in uther fyve punds. Also Richeard Tailzeour for Ryot and Straickes comitted be him upon Riot ^5. Thomas Wood ex consensu rei is unlawed in uther 5lib. And the said Thomas Wood for provokeing the said Richeard to comitt the said Ryot be calling him unjustly a theiffe is unlawed Defamation £3. in the sowme of three punds by and attoure the Kirke Sessioune and together therwith. The qlk day William Courtney is judicially absolved and Assoilzied, assoilzied quyte and freed of the sowme of nyntein punds Ten shillings acclaimed frae him be Johne Thompesone in Home- byres for the agreed pryce of certain strae bought frae the said persewer be the oathes of the said Defender. The qlk day George ffrenche being called and not compeir- Cow £17. ing is halden as confest and decerned to redelyver backe to William Courtney a Band made and subscrybed be the said per- sewer to the said Defender for seaventein punds for the pryce of a Kow bought be the said persewer frae the said Defender to be cancelled and destroyed becaus the said Cow returned to the said Defender and was disponed upon be him and to pay to the persewer thretty shillings. The qlk day Johne Guttraw ex consensu rei is decerned to Cess, pay to William Courtney six punds eight pennyes Cesse. The qlk day George ffrenche called not compeiring is Eatten oats, decerned to pay to James Dawsone in Homebyres for oats eatten be his Bestiall and apprysed be the Bourlawmen Twelv punds. Also Robert Hog is decerned ex consensu rei to pay to Claim. 58 THE MINUTES OF THE [1670 Scandal ,£5. Claim. Absolvitor. the said James Dausone for oats and utherways SOlib. 5 shillings. The qlk day Johne ffrenche for scandalling of James Dausone wrongously in calling him Theiffe and Knave is un- lawed in fyve punds Scots by and attoure the Kirke Sessioun and together therewith. The qlk day Johne Guttraw ex consensu rei is decerned to pay to Robert Hogge fourtein punds 14 shillings. The qlk day James Dawson is judicially absolved and assoilzied quyte and freed frae payment to Alexander Aitchy- soune halfe a Bolle of aits sowing, and fodder aledged promitted to him be umqhile James Dawsone elder his deceast father becaus he succumbed and failzied improbando be famous witnesses upon oathe. Fee, etc. £5. 6s. The qlk day William Hoggearth wester is decerned to pay to William Mylle for fee and utherways fyve punds six shillings with a pair of sufficient shoes or else thretty shillings for the pryce therof. The qlk day John Wood in Stichell ex consensu rei to pay to Johne ffairbairne in Newtowne Mylle for meille six punds six shillings eight pennyes. The qlk day George ffrench called not compeiring is halden as confest and decerned to pay to James Campbell in Stichell Mylle twenty eight punds two shillings Scots. Absolvitor. The qlk day Adam Haggeard is absolved assoilzied quyte and freed for ever of eightein punds acclaimed frae him be Johne Hoggeard his nephew be oathe of the said Adam. Robert Hog ex consensu rei is decerned to pay to Robert Lillie smythe for smydy werke and utherways thre punds tvvelv shillings twa pennyes. The qlk day Johne Guttraw ex consensu rei is decerned to pay to James ffairbairne for fee and utherways 91ib. 3 shillings 8d. The qlk day Johne Donaldsone and Robert Hamiltoune are to decyde and decern and settle that claim be James Thompe- sone against Adam Haggeard for ane ew and a lamb aledged lost upon his default and they to pronounce their ffinal Sentence therein within fyftein dayes nixt efter the dait heirof and the pairtyes are decerned to obey their Decreit. Meal. Claim. Claim. Arbiters. BARON COURT OF STITCHILL 59 The qlk day Alexander Robysone Maltman in Stitchell is Arrears, decerned to pay to Thomas Pearsone of Chairterhouse Nottar Publict as Cautioner for Johne Robysone in Hassingtoune his eldest brother conforme to their Band Ten punds Scots resting unpayed of Thretty punds with arryieres Annual rent of the said Thretty punds. Ita est attestor ego Thomas Pearsone Notarius Pnblicus cler. Ane Heid Court halden at Stitchell upon the 9 dav of , ^) .* . 1071, Dec. 9, December jajvi c threiscore and eleven yeires be Robert Pringill of Stitchell Barron of the Barronie thereof. Curia leglttime affirmata. The qlk day John Haggard called Calsa End is judicially Claims, decerned to content and pay to Johne Hoggeard ther the sowme of Twenty eight shillings Scots mony as the pryce of a Seek modified be the Judge : Ten shillings eight pennyes of expenses. The qlk day Johne Hoggard son to Adam Hoggeard is judicially decerned to content and pay to Gustavus Young the sowme of Threttein punds nyn shillings Scots mony adebted be the said Johne to Richeard Allan flesher in Kelso for which the said Gustavus became Cautioner and payed the samyn ex confessione rei. The qlk day David Haggard in Stitchell is judicially decerned to content and pay to Thomas Hoggard ther the sowme of fortie shillings Scots mony borrowit be the said David from him Two years since In respect of the persewers oath being referred thereto be the Defender Ten shillings of expenses. The qlk day William Hoggeard wester is judicially decerned to make payment of the pryce of a full of oats and assoilzies the said William from fy ve pund Two shillings acclamed be Mare 2. the said George from him as the pryce and worth of a Meer In respect of the said William his oath being referred therto be the said George that he accepted of the said Meer back again. The qlk day John Wood in Stitchell is judicially decerned to Claim, content and pay to Johne Marshalle in Home the sowme of Thre pund Twelv shillings Scots mony as the pryce of certain Peats bought be him frae the said Compleaner three yeares 60 THE MINUTES OF THE since ex confessione rei and assoilzies from the halfe pecke of wheat ex consensu threttein shillings foure pennyes of ex- penses. The qlk day John Wood in Stitchell is judicially decerned to content and pay to James Dason in Humebairs Twenty six pund Scots mony as the price of a Meer bought and receaved by him from the said Compleaner at Michallmiss last ex con- fessione rei. Two merkes of expenses. The qlk dav Robert Hog in Stitchell is judicially decerned to make payment to Richard ffairbairne there Twentynyn shillings Scots mony for leading of Timber from Genill Kirke in Summer last, In respect of the persewers oath being referred thereto six shillings eight pennyes of expenses. The qlk day John Windrim younger, Cupper in Stitchell is judicially decerned to make payment to William Courtney there fortie shilling Scots mony for the losse of Aill letten out be him pertaining to the Compleaner in respect of the judges modificatioun six shilling eight pennyes of expenses. The qlk day Johne Gotrae in Stitchell is judicially decerned to make payment to William Masson in Newton Mvlle the sowme of foure punds sixtein shilling Scots mony as the pryce and worth of certain Bestiall bought be him from the said Compleaner two years since ex confessione rei 13sh. 4d. of expenses. The qlk day William Mackdowell in Over Stitchell is judicially decerned to make payment to Helen Duncan in Mackerstoune And Johne Aitchisone her husband the sowme of seven pund Scots monv Borrowit be him from the Com- pleaner seven or eight years since In respect of John Aitchison his oathe being referred therto. The qlk day John Gotrae in Stitchell is judicially decerned to make payment to Andro Burn there four pund fyftein shilling Scots mony for certain lies wrought be the said Com- pleaner from the said John Gotrae four years since In respect of the persewers oath being referred therto be the Defender 13sh. 4d. expenses. The qlk day John Haggard Calsay End and Alexander GifFen is judicially decerned to make payment to Robert Lillie smythe there the sowmes of mony underwritten to wit 1672] BARON COURT OF STITCH ILL 61 the said John Haggard the sowme of fyve punds seaven shilling ten penves Scots monv for certain smith werk wrought be the Compleaner to him foure or fvve years since : the said Alex- ander Giffend threttie sh. monev as the prvce of Aill and meall receaved be him in harvest last. John Haggard threttein shilling foure pennves of expenses : Alexander Giffend eight shilling of expenses. The qlk day Robert Lillie smith in Stitchell and William Courtney is judicially decerned to make payment to Andro alias David Haggeard there the sowmes of mony under- written to wit the said Robert Lillie eight pund threttein shilling foure pennves adebted be Richeard Concurr in Dunce to the said Compleaner and arreisted in Robert Lillie his hands: AVilliam Courtney 58sh. Scots which the said Compleaner was Cationer to James Richardson in Deceith for him Robert Lillie 13sh. 4d. of expenses : William Courtney 6sh. 8d. of expenses. Ita est Jacobus Pr ingle Xotarius Publieus cler. Attestor. The qlk day Thomas Lambe indweller in Over Stitchell is (44) judicially decerned to make payment to William Moffat in- J^f™ 1 ** 28, dweller there fvve pund ten shillings Scots monv as the agreed Two st ^s s ' ' . r 0 J 0 grass ^5. 10. prvce of Twa Staiggs grass 1 grassed be the persewer at Belton day last in respect of his confession 12sh. Scots monv of expenses. The qlk day William Moffat indweller in Stitchell is judicially decerned to make payment to Thomas Lambe in- dweller ther 41ib. 12sh. for hirding of his Bull and for monv adebted be him and for keiping these Staiges five or six vears since or therby In respect of the Defenders his confessioun with 20sh. of expenses. The qlk day John Guttrae indweller in Stitchell is judicially Various. 1 A staig here means a young horse not yet broken for riding or work. Compare an old proverb, 'Corn is not for staigs,' i.e. they were to have grass, and not corn. Beltane is May-day or the first Monday of May, a relic of the ancient worship of the sun ; and later, a term on which payments were made. A naig, as opposed to staig, is a riding horse. Paske is Easter. Riv land is land that has lain long unploughed. Lambes is Lammas Term in August. 62 THE MINUTES OF THE [1672 One Nag = n Fulls of Oats. 1 Full of pease at 37s. 8d. Claim. Black Mare. (Jl.iim as to ploughing. Fee. decerned to make payment to Alexander Robesone in Altmuir indweller there 201ib. lOsh. 8d. for certain particulars entered in ane fitted accompt in respect of the Defenders null com- peirance with 17sh. and 4d. of expenses. The qlk day John Gutrae in Nether Stitchell is judicially decerned to make payment to Robert Lillie smyth ther the number of elevin fulls of oats as the pryce and worth of ane Naig bought and receaved be him from the said Compleaner at Mertimes last In respect of the Defender his confessioun. The qlk day John Haggeard Calsay End is judicially decerned to make payment to Kathrein Eastoune relict of the deceast Robert Lillie smith in Stitchell 37 shillings 8d. as the pryce of ane full of peise bought be him from the said Com- pleaner In respect of the Defenders oath being deferred therto be the Compleaner 6sh. and 8d. of expenses. The qlk day John Gottrae in Stitchell is judicially decerned to make payment to John Aiken servitor to William Lawrie, Officer 161ib. 15sh. Scots mony pairtlie as the pryce and werthe of ane Boll of peise and pairtlie as the remainder of certain fees awghtand be the Defender to the said Compleaner In respect of the persewers oathe being deferred therto by the Defender with 13sh. 4d. expenses. The qlk day John Haggard called Caisa End is judicially decerned to make payment to Andro alias David Haggard there the sowme of Tlib. mony as the remainder of ane black Meir bought and receaved be him from the said Compleaner at Paske last in respect of the Defenders confessioun with 12sh. of expenses. The qlk day John Gotrae in Nether Stitchell is judicially decerned to make payment to Thomas Whyte in Over Stitchell 81ib. 18sh. mony which the Compleaner depurst for plowing of Riv land, and the Defender did never plow the samyn nor pay backe to him the said sowme In respect of the Defenders confessioun with 20sh. of expenses. The qlk day John Gotrae in Nether Stitchell is judicially decerned to make payment to Thomas Haggard ther 51ib. lOsh. money as the remainder of four yeares fee ex confessione ret with 12sh. of expenses. The qlk day John Gotrae in Nether Stitchell is judicially 1673] BARON COURT OF STITCHILL 63 decerned to make payment to William Nizbet in Newtoun the Half year Fee sowme of 71ib. Scots money for halfe a years fee with 26sh. 8d. as the prvce of a pair of shoes of bountith ex confes- sione rei and assoilzies from six fulle of aits with 13sh. 4d. expenses. The qlk day Alexander Giffane in Nether Stitchell is judicially decerned to make payment to Thomas Wood there 4lib. Scots money as the prvce and worth of halfe Half Boil Beir ane Boll of beir bought and receaved be him from the said _ ^ 4 ' Compleaner at Lambes 1671 in respect of the Defenders not Claim, compearance with lOsh. of expenses. The qlk day John Haggard called Calsa End is judicially decerned to make payment to Robert Lillie smyth ther 48sh. Scots money for certain smith work and drink in respect of the Defenders not compearance with 6sh. of expenses. The qlk day Thomas Haggard in Nether Stitchell is judi- Riot £5. cially decerned to make payment to William Lawrie Procurator ffiscall of the Court olib. Scots money for a Ryot comitted be him upon John Gotraw Indweller in respect that there was certain famous witnesses led in the said Action and did judi- cially prove the samyn. Ita est Jacobus Pringle Xotarius Publicus cler. Attestor. 1673 Jan. 28. The qlk day John Wilson called Sobber (45) John is judicially decerned to make payment to William R 10 f 2 ot n ' 2S ' Lawrie Procurator ffiscall of the said Court the sowme of 20s. Scots money for ane Ryot comitted be him upon James Haggard in Nether Stitchell and for ane violent deforcement and bereaving him of ane Tether ex confessionc rei. The qlk day David Stark eldest lawfull son to Mr. David Blood £50. Stark is judicially decerned to make payment to William Lawrie Procurator ffiscall of the said Court the sowme of fyftie punds Scots money for ane Blood comitted be him upon Peter Purves servitor to James Camble in Nether Stitchell In respect he confest and came in, will and decerns the said Peter Purves in °,5lib. for the Blood wvte ex confessions ret. The qlk day William Haggard wester is judicially decerned Drink, to make payment to Alexander Robesone Maltman ther the sowme of fyve punds sextein pennyes pairtlv borrowed and 64 THE MINUTES OF THE pairtlv for drink and four fulls of bear for four pund 16sh. as the pryce and worth therof ex eonfessione re'i with 20sh. of expenses. Claim. The qlk day John Wilson in Stitchell is judicially decerned to make payment to George Nisbet ther of the sowme of 40sh. Scots money as the pryce and worth of a Seek borrowed and receaved be the said Defender from the said Compleaner at Whitsunday 1672 In respect of the Judges modificatioun. Calumny £$■ The qlk day Margrat Atkin spous to Thomas Mill in Stitchell is judicially decerned to make payment to William Lawrie Procurator ffiscall fwe punds Scots money for calum- niating of Robert Hamiltoun ane of the sworne apprysers and calling him Mansworne and many other opprobrious words which she confest and could not prove. Scandal £?. The qlk day James Cambell in Nether Stitchell is judicially decerned to make payment to William Lawrie Procurator ffiscall thrie punds Scots money for scandellizing Andro Burn poundler ther in saying he did steill eightein harrow teeth from him in respect the said James Cambell was lawfully summoned to compear and did not and therfor was halden as confest. Blood £50. The qlk day James Hogge Litster in Stitchell Waulk Mill i> judicially decerned to make payment to William Lawrie Procurator ffiscall of the sowme of 501ib. Scots money for ane Blood comitted be him upon James Lidgait servitor to Robert Hammilton in Stitchell in respect the veritie therof being referred to his oath refused to swear and decernes the said James Lidgait to the said Procurator ffiscall 25libs. money forsaid for the Blood wyte ex confessione ret. Debts. The qlk day Agnes Lillie relict of the deceast Patrick Giffane in Runningburne is judicially decerned to make pay- ment to Walter Lawrie in Stitchell 521ib. 4sh. and 4d. Scots money pairtlv borrowed and pairtlv for fie ane certain tyme bvgane in respect the said Defender was lawfully sumoned to compear and did not and therupon the Judge decerned in manner forsaid. The qlk day Adam Haggard elder in Stitchell is judicially decerned to make payment to Walter Lawrie ther the sowme of four punds Scots money borrowit and receaved be him 1673] BARON COURT OF STITCHILL 65 from the said Compleaner a certain tyme bygane in respect the said Defender was lawfullie summoned and did not com- pear with 6sh. of expenses. Ita est Jacobus Pringle Notarius Publkus cler. Attestor. 1673 May 17. The qlk day William Moffat Indweller in (46) Xether Stitchell and Henrie Hamiltoune Indweller ther is judicially decerned to make payment to Robert Lillie smith Claims, there the particular sowms of mony and others under written for the confest following ilke ane of them for their awn pairtes as is efter divided To wit the said William Moffat two fulls of oats with 20sh. of money for certain smith work wrought be the said Compleaner to the said Defender with 12sh. expenses and Henrie Hamiltoune 31ib. 19sh. 8d. also for smith worke with lOsh. of expenses in respect of their not compearance. The qlk day James Hogge Litster at the Walke Mille of £ ells plaining. Stitchell is judicially decerned to make payment to John 42S * Stewart servitor to the Laird of Stitchell 42sh. Scots money as the pryce and worth of Three ells and ane halfe of small plaiding delyvered be him to be littet and never redelyvered back again In respect the Defender did not compear with lOsh. of expenses. The qlk day John Turner Schoolmaster in Stitchell is judi- School Wages, cially decerned to make payment to Thomas Underwood ther of Ten punds Scots money restand of school wages which should have been payed at Mer times last ex confessione rei w r ith lOsh. of expenses. The qlk day John Gotrae indweller in Stitchell is judicially claims, decerned to make payment to James Brown Merchand in Kelso 58sh. Scots given in earnest to the Defender for fetching home of Key and for which he failed in respect of his non compeirance with lOsh. of expenses. The qlk day James Leithheid Indweller in Nether Stitchell Boots, is judicially decerned to make payment to James Dickson Cordinar in Ednam 26sh. 8d. Scots money as the remainder of a pair of boots fitting in August last In respect of the Com- pleaners oath being referred therto be the Defender with 6sh. of expenses. The qlk day William Moffat in Over Stitchell is judicially Cow. E 66 THE MINUTES OF THE [1673 decerned to make payment to John Dickson Indweller there 31ib. 8sh. Scots money as the remainder of the pryce of a Cow bought and receaved be the said Defender from the said Com- pleaner at Mertimes 1671 ex confessione rei with 8sh. money of expenses. The qlk day William Moffat in Over Stitchell and Culbert Purves indweller ther is judicially decerned to make payment to Alex Robesoun Maltman in Nether Stitchell the severall sowmes of money underwritten for the confest following ilke Mare. ane of them for their own pairtes as is efter divided. To wit Aie. the said William Moffit six fulles and ane halfe and halfe a pecke of bear as the pryce and worthe of ane Mear bought and receaved be him from the said Compleaner in Harvest last ex confessione rei with 20sh. of expenses; the said Culbert Purves 30sh. and lOd. money for said for Ale in respect of his absence with 4sh. of expenses. Fee. The qlk day George ffrenche in Over Stitchell is judicially Linen assoilzied from the sowme of six punds Scots money of fie, 20sh. as the pryce of Two ell of Linning, lOsh. as the pryce of halfe ane ell of Whyte for bountith for a years fie and bountith wrought be Margrat Magdowall in Macarstone to him Nov. year and a halfe since in respect the persewer George ffrenche compeared and craved compensatioun of the lyke soume of teind in a Decreit obtaind at his instance against the said Margrat Magdowall befor the Commissar of Peibles. Debts. The qlk day Alexander Giffan indweller in Nether Stitchell is judicially decerned to make payment to Cathrine Gaffine relict of the deceast Robert Lillie smith in Stitchell the sowme of 200 libs Scots money of Principall And hundredth and eightein punds as the remainder of Ten years Annualrent therof of conteind in a Band made and granted be the said Defender to the Compleaners deceast husband of the dait the second day of January 1663 years and assigned be him to the said Compleaner upon the penult day of November 1665 years ex confessione rei with six punds of expenses. The qlk day John Gotrae in Stitchell, William Haggard wester ther, John Haggard called Calsa End ther, Thomas Haggard, William fFord, and Adam ffairbairne is judicially decerned to make payment to William Courtney and Margrat 1673] BARON COURT OF STITCHILL 67 Trumble his spouse the severall sowmes of money under written for the causes following ilke ane of them for ther own pairts as is efter devyded To wit the said John Gotrae the sowme of 251ibs. 8d. Scots money pairtly borrowed pairtly for harvest fies and other necessare ex confessione rei, William Hoggard 41ib. lsh. money conforme to ane fettit account lOsh. of expenses, William ffurd 2lib. 2sh. 6d. pairtly borrowid and pairtly for Ail 6sh. of expenses Adam ffairbairne 2lib. 13sh. of borrowid money 8sh. of expenses, John Hoggeard 81ib. and 6d. ex confessione rei with threttein shillings four pennyes of expenses Thomas Hoggard four pund 17sh. 8d. money with lOsh. of expenses. Ita est Jacobus Pringle Notarius Publicus cler. Attestor. 1673 November 8. The qlk day Adam Hamiltoun in ( 47 ) Stitchell is judicially decerned to make payment to Alexander Brown, weaver ther the sowme of 12lib. Scots money as the pryce and worthe of a Naig bought and receaved be the Nag £12. Defender from the Compleaner at Mertimes last in respect of the Defenders absence being lawfully summoned with 24sh. of expenses. The qlk day John Gotrae in Stitchell is judically decerned 2 Fulls of Kiln to make payment to Adam Hendersone ther of the sowme of^ ec ^ s peas 31ib. 4sh. Scots money as the pryce and worth of Two fulls of Kill-dryd pease bought and receaved be the Defender from the Compleaner at Michaelmas was a year in respect of the Defenders absence being lawfully summoned with 12sh. of expenses. The qlk day Robert Hamiltoune in Nether Stitchell is Fee ,£9. judicially decerned to make payment to James ffairbairne in thrashing 12s. Over Stitchell and Elspeth Hoggard his spous the sowme of Mowing 3s. nyne punds Scots money for a years fee wrought be her to the Defender a certain tyme bygane : Twelve shilling for foure dayes Threshing. Thrid shilling for mawing In respect of the Compleaners oath being deferred therto be the Defender with 2 merkes of expenses. The qlk day John Haggard called Calsae End and Richard claims. Taylor in Queenscairne is judicially decerned to make payment to George Wood in Greenknow the severall sowmes of money 68 THE MINUTES OF THE underwritten for the causes following To witt the said John Hoggard four punds fvftein shillings Scots money as the remainder of certain ewes and lambes bought and receaved from the said John Haggard from the said Compleaner at Ternitie Monday 1672 Richard Taylor in Queenscairne olib. losh. money forsaid. Also for the remainder of certain ewes and lambes bought at the tyme forsaid In respect of the Defenders absence being lawfully summoned with lOsh. for ilke ane of the Defender's expenses. The qlk day Agnes Lillie relict and executrix affirmed to the deceist Patrick Giffan in Runningburne is judicially de- cerned to make payment to Margrat Giffane in Stitchell the sowme of Threscoir fourtein punds Scots money for certain fees and bounteiths wrought be her to the said Defunct ex confessione rei with 30sh. of expenses. Calf £11. i 4 . The qlk day William Moffit in Over Stitchell is judicially decerned to make payment to Issobell Ormstone in Queens- cairne the sowme of 11 lib. 14sh. Scots money and that as the prvce and worthe of a Calfe bought and receaved be the said Defender from the said Compleaner in the moneth of August last ex confessione rei with 20sh. of expenses. The qlk day Alexander Giffane in Stitchell and Agnes Lillie Relict of the deceast Patrick Giffane in Runningburne is judicially decerned to make payment to Christian Dickson in Newton for her selfe and in name and behalfe of Dorritie Service her mother the severall sowmes of money underwritten for the causes following ilke ane of them for their own pairtes Fee as is efter divvdit To wit the said Alexander Giffane 51ibs. Scots money for certain fye wrought be the said Compleaners to the said Defender ane certain tyme bygain. The said Agnes Lillie 5libs. money forsaid. Also for certain fves wrought be said Compleaners to the said Defenders and her deceast husband also ane certain tyme bygain ex confessione rei with ten sh. for ilke ane of the defenders expenses. Excise. The qlk day George Nisbet in Stitchell is judicially decerned to make payment to Alexander Robesone Maltman ther the sowme of 31ibs. Scots money as the Excyse of ane Wedding made be the Defender at Whitsunday 1671 and assoilzies said 1673] BARON COURT OF STITCHILL Defender for another 40sh. money forsaid acclaimed ex con- fessicme rei with lOsh. of expenses. The qlk dav Robert Lillie smith in Stitchell is judiciallv decerned to make payment to George Nisbet ther 31ibs. Scot- money the Excvse of certain Aill bought be the said Com- pleaner from the said Defender ex ccmfezsionc rei with lOsh. of expenses. The qlk dav Agnes Lillie relict and executrix confirmed to 2_Ew« the deceast Patrick Giffane in Runningburne is judicially" assoilzied from 4lib. 2sh. Scots money as the pryce and worthe of two veeld ewes alledcrit "iven in Grassing to the said Defunct ane certain tvme by gain be Samuel Leithhead in Stitchell In respect he referred to the said Defender her oath of verity whether or not she or her deceist husband receaved the said two ewes who being present deponed that neither she nor her said deceist husband receaved the samyne and therfor was assoilzied therfor. The qlk day William Moffit in Stitchill Thomas Whyte ther Alexander Lawrie ther. and Robert Hogge there is judiciallv decerned to make pavment to Johne ffairbairce in Xenthorne Mill the severall sowmes of money under written for the causes following To wit the said William Moffit 9 libs. Scots money as the pryce and worthe of 21 peckes of oat meal 2 ' : r — bought be him from the said Compleaner at Whitsundav last: Thomas Whyte 28sh. also for oat meal : Alex Lawrie °.8sh. also for oat meal : Rob Hoge °.3sh. also for oat meal bought be them from the said Compleaner at the tvme forsaid In respect of ther null compearance with 40sh. money forsaid of expenses equally to be divvded amongst them conform to ther severall sowmes above written. The qlk dav William Howard called Wester in Nether Boll of Eear Stitchell is judicially decerned to make payment to Walter- 8 " Lawrie ther the sowme of 8libs. Scots monev as the prvee and worthe of a Bolle of bear bought and receaved be the said Defender from the said Compleaner two vears since or therbv In respect of the said Defender compearand personallie confest the debt above awin with 8sh. of expenses. The qlk day James Leitheid in Nether Stitchell is judiciallv Cairns, decerned to make payment to George Pringle Maltman in 70 THE MINUTES OF THE [1673 Kelso the sow me of 371ib. 16sh. Scots money as the pryce and worthe of certain malt bought and receaved be the said Defender from the said Compleaner ane certain tyme bygain In respect the said Defender compeared personallie and confest the sow me above written to be justly rest and awand to the said Compleaner with 18sh. of expenses. The qlk day Robert Hogge in Over Stitchell is judicially decerned to make payment to James Walker in Linton Park the sowme of 451ibs. 18sh. Scots money as the remainder of the pryce and worthe of certain oats bought and receaved be the said Defender from the said Compleaner at Midsumer 1672 years In respect of the verity of the Clame being referred to the Defenders oath confest the haill sowme above written except 40sh. money forsaid was justly adebted be him to the said Compleaner and therfor the Judge deduced the said 40sh. for end of the said sowme with 40sh. of expenses. Lint The qlk day Adam Hammiltoune weaver in Stitchell is judicially decerned to make payment to James Handisyde Merchand in Kelso the sowme of Glib. 3sh. 8d. Scots money as the remainder of the pryce of 2 ston four pounds of Lint bought and receaved be the said Defender from the said Compleaner in anno 1672 ex confessions rei with 16sh. of expenses. The qlk day John Gotrae in Nether Stitchell is judicially decerned to make payment to Thomas Henderson ther 32sh. Scots money as the prvce and worthe of certain oat meall bought and receaved be the said Defender from the said Com- pleaner at Lambes 1672 In respect of the Defenders confessione being present with 8sh. of expenses. 2 Fulls Pear The qlk day James Lawrie in Stitchell is judicially decerned s 6s to make payment to George Pringle Maltman in Kelso of the sowme of 56sh. Scots money as the pryce and worthe of Two fulls of bear bought and receaved be him from the said Com- pleaner ane certain tyme bygain ex confessione ret with sex sh. of expenses. Harvest Fee The qlk day Agnes Lillie relict and executrix confirmed to the deceast Patrick Gifrane in Rinningburne is judicially decerned to make payment to William Lamb Indweller in Neutone the sowme of 71ibs. Scots money for a harvest fie 1 674] BARON COURT OF STITCHILL 71 wrought be the said Compleaner to the said Defender with halfe ane Bolle of bear and a pair of shoes of bountith ex con - fessione rei with 2 merks of expenses. The qlk day Robert Hopper and Robert Hopper servitors to Mr Robert Hopper The said Mr Robert Hammiltone weaver in Stitchill and Andro alias David Hoggard ther is judiciallv decerned to make payment to William Lawrie Pro- curator ffiscall the severall sowmes of money under written for the causes following ilk ane of them for ther awn pairts as is efter divydit To wit the said Robert Hoppers the sowme of 50 punds Scots monev for ane Blood comitted be them upon Blood £50. William Lawrie Officer in Stitchill and 251ib. for Blood wyte Blood wyte £25. the said Mr Robert Hopper the sowme of 401ib. Scots for refusing to give his carriadges being requyred therto be the Officer The said Robert Hammiltone olib. money forsaid for abstracting of Hummle Corne 1 from the Mill of Stitchill at Hummie Corn. Lambes last contrair to the Acts of the Barron Court and Double Dewties for ane firlot of Hummle Corn to John Stewart farmer of the said Mill of Stitchill The said David Hoggard lOlibs. money forsaid for ane Ryot comitted be him Riot £10. upon James Cambell in Stitchill In respect ther haill lybells were sufficiently proven be famous witne--e-. Ita est Jacobus Pringle Xotar'uis Publicus clericus attestor. The Barron Court halden at Stitchell be Robert Pringle of (48) Stitchell heretable proprietor of the Lands and Barronnie therof l674, * uly ~°* the 30 day of July 1674. Curia legittime affirrnata. The qlk day the said Robert Pringle of Stitchell sittand in Claim. Judgment hes judiciallv decerned James Leithead in Stitchell to make payment to James Ker Merchand in Kelso the sowme of 48sh. Scots money borrowed and receaved be him from Jenet Aldcorne spous to the said Compleaner upon the 10 day of March 1672 ex confessione rei with lOsh. of expenses. ^ The qlk day Robert Lillie smith in Stitchell is judicially ing 39s. iod. 1 In Roxburghshire, a lighter kind of grain, which falls from the rest when it is fanned. In Berwickshire the term denoted three tolls of barley w ith one of pease, made into meal. Stitchell is in the former ; Hume in the latter. 72 THE MINUTES OF THE [1674 decerned to make payment to Thomas Vair and Margrat Richisone his spouse 39sh. and lOd. money forsaid for eight days shearing and ane halfe wrought be them to Agnes Lillie sister german to the said Robert and for which he promised payment with 6sh. of expenses ex confessione rei. The qlk day William Moffit in Over Stitchell is judicially decerned to make payment to Marion Douglasse relict of the deceist Gustavus Young 42sh. Scots money in compleit pay- ment of 31ib. Scots acclamed for certain particulars conteind in ane fettit accompt In respect the sani William Moffit de- ferred the truth of the rest of the debt to the said persewers oath who refused to depone and therfor assoilzied him from the same with 6sh. of expenses. The qlk day Euphan Lamb in Stitchell is judicially decerned to delyver to Thomas Whyte ther half ane fulle of beare eatten and destroyed be the defenders Bestialls or 12sh. as the pryce therof ex confessione rei with 4sh. of expenses. The qlk day Robert Hammiltone in Stitchell is judicially decerned to make payment to William Mill servitor to John Donaldsone ther 6 punds lOsh. Scots money for the remainder of thrie halfe vears fee wrought be the said Compleaner to the said Defender foure vears since or therby ex confessione rei with 13sh. and 4d. of expenses. The qlk day Robert Lillie smith in Stitchell is judicially decerned to make pavment to George Pringle Maltman flfewar in Kelso Tlib. Scots money as the agreed pryce of ane Boll of Beare bought be him be the Compleaner ane year since with 8sh. as the anwelrent therof mair 28sh. as the pryce of certain yron ex confessione rei with 20sh. of expenses. The qlk day John Gotrae in Stitchell is judicially decerned to make payment to Alexander Robe>one Maltman ther 121ib. 8sh. pairtly borrowed pairtlv for Aill and other particulars conteind in ane accompt In respect the said persewar referred the truth of the debt to the defender's oath who deferred the samyn to the persewar's oath who deponed positive with 20sh. of expenses. The qlk day William Hoggard wester in Stitchell is judi- cially decerned to make pavment to William Trumbell 6 punds 6sh. 8d. Scots money as the pryce and worth of ane Boll of rye 1674] BARON COURT OF STTTCHILL 73 bought be him from the said Compleaner two vears since ex confessione rei with 12sh. of expenses. The qlk day James Smith herd in Queenscairne is judicially Ewe 5 merks. decerned to make payment to James Purves in Ednem 5 merkes Scots money as the modified pryce and worth of ane milk ewe taken in herding from the Compleaner and did never delyver back the samyn nor skin nor lambe therof ex confessione rei with 12>h. of expenses. The qlk day John Hoggard called Calsa End is judicially Bear, decerned to make payment to William Watsone gardner in Stitchell 181ib. 15sh. Scots money as the pryce and worthe of certain bear bought and receaved be him from the said Com- pleaner two year and three monethe since Including the anwelrent therof faithfullie promittit be him In respect he did not compeare being lawfully summoned with 2 merkes expenses. The qlk day Robert Hammiltone in Nether Stitchell is Fees, judicially decerned to make payment to William Ramsay servitor to James Hoggard ther 14 punds Scots money as the remainder of certain ties wrought be him to the said Defender Thrie years since or therby In respect of the per- sewers referring the truth of the debt to the Defenders oath who deferred the samvn backe to the persewars oath who deponed positive with 14sh. of expenses. The qlk day Robert Tayler in Queenscairne is judicially Double decerned to make payment to John Stewart in Stitchell Mill Mullure - Dowble Multure of ane Boll of wheat and malt abstracted from the Mill of Stitchell contrair to the Acts of Court ex confessione rei with 6sh. of expenses. The qlk day Alexander Lowrv in Nether Stitchell is Deforcing, etc. judicially decerned to make payment to William Lowrie Pro- curator ffiscall of the Court fvve punds Scots money for de- forceing the Officer in executione of his office and disobeying to © © plough the Masters ground when he was requyred to doe the samyn And also Robert Tayler is judicially decerned to make payment to the said Procurator ffiscall of fyve punds Scots money for abstracting of ane Boll of wheat and Malt frae the Abstracting Mill of Stitchell contrair to the Acts of Court ex confessione wheaL rei. 74 THE MINUTES OF THE [1674 Claims. 7 full oats, £7- 4- 6 full oats £7. 4. 6 full pease, £7- 4- The qlk day William Hoggard eister in Nether Stitchell James Hoggard ther, Robert Hammiltone ther, Richard Tavler in Queenscairne, Thomas Lamb in Over Stitchell and John Gotrae in Nether Stitchell to make payment to Robert Lillie smith in Stitchell the severall sowmes of money victyall and others underwritten for the causes following ilke ane of them for ther awn pairts as is efter divydit To witt the said William Hoggard the number and quantity of seven fulle of oats or 71ib. 4sh. Scots money as the modified pryce therof mair SOsh. and 8d. money for certain smith worke wrought be the said Robert Lillie to him. Item James Hoggard 6 fulles of oats or 71ib. 4sh. as the modified pryce therof mair 56sh. 8d. for smith worke. Robert Hammiltone 6 fulls of oats or 71ib. 4sh. as the modyfied pryce therof Richard Tavler 31ib. 3sh. 8d. for certain smith worke. Thomas Lamb 61ib. 8sh. money for certain smith worke John Gotra 6 fulles of pease or 71ib. 4sh. as the modify ed pryce therof mair ane Boll of oats or 61ib. as the modifved pryce therof mair 81ib. 19sh. money for certain smith worke wrought be the said Robert Lillie to him And decerned the said William Hoggard. Ja Hoggard, and Robert Hamiltone to pay to the said Robert Lillie ilk ane of them of expenses of pley Richard Taylor and Thomas Lambe ilk ane of them 8sh. of expenses of pley, John Gotrae 20sh. of expenses of pley In respect the haill persones above writt com- peared personallie and confessed the sowmes above written to be justlie adebted to the said Compleaner except William Hoggard who deferred the truth of his debt to the said Robert Lillie his oath who deponed positive. Ita est Jacobus Pringie Notar. publiciis cler. attestor. (49) Ane Head Barron Court halden at Stitchell Kirk be Robert 1674, Dec 12. p r j n gi e Q f Stitchell Heretable Proprietor of the Lands and Barronie therof upon the 12th day of December 1674. Harvest fee £7. The qlk day Robert Lillie smith in Stitchell is judicially decerned to make payment to William Service ther 71ibs Scots money for ane Harvest fie for the year 1673 in respect of the defenders confessioun. The qlk day Thomas Lamb in Over Stitchell is judicially decerned to make payment to James Service the sowme of 1 674] BARON COURT OF STTTCHILL 75 olib. 13sh. four pennves for halfe a years fie for the year 1672 Fee \ year in respect the Defender has compeared and confest. ^ * 3 ' The qlk dav James Leitheid and George Nisbett is judicially Shoes :s. 6d. decerned to make payment to George Wood in Nether Stit- chell the particular sowmes under mentioned the said James Leitheid osh. 6cL as the pryee of shin, George Nisbet, 6sh. also for shin in respect of the defenders confessions. The qlk day William Moffit in Over Stitchell is judicially Naig. decerned to make payment to George Murrie in Coldstream lOlib. 18sh. Scots money as the remainder of the pryee of. a black stonnid Naig bought and receaved be the Defender from the said Compleaner at Pasch last year 1673 ex confesslone rei. The qlk day John Gotrae in Stitchell is judicially decerned Peats4merk£. to make payment to William Sked in Falsyde four merks Scots money as the pryee and worth of a Stack and a half of peats bought be the Defender from the Compleaner 3 years since or therbv. In respect of the defenders absence. The qlk dav the haill inhabitants within the Toun of House rent or 1 * tax 120. Stitchell are judicially decerned to make payment to John Underwood 12d. Scots each house hald yearly for the . . . years in respect of the former Acts of the Court. The qlk day Robert Hogg in Stitchell is judicially decerned Fee \ yr. £4. to make payment to Margrat Marshall in Facithill the sowme of 4lib. Scots money for halfe a years fie wrought be the Com- pleaner to the said Defender and that fra Whitsunday 1672 to Mertimes 1673 In respect of the Defenders absence. The qlk dav William fford servitor to James Hoggard in Fee \ >r. 40s. Stitchell is judicially decerned to make payment to Andro Robeson ther or at least to Alex Robeson his son 40sh. Scots money for halfe a years fie wrought be the said Alexander Robesone to the said Defender fra Mertims 1672 to Whit- sunday 1673 in respect of the Defenders absence. The qlk day William Hoggard now eister in Stitchell is Boll of Peas judicially decerned to make payment to George Patersone in ^ IO " Galloshealls and Mart Douglas his spous 1 Olib. Scots money as the pryee and worthe of ane Boll of peat undelwered of three Bolls qlk he should have delyvered about 4 vears or therbv in respect of the persewars oath being deferred to be the defender. 76 THE MINUTES OF THE [1674 Shearing and The qlk day William Hoggard now eister in Stitchell is horse hire j8s. j |M jj c j a j]j decerned to make payment to James Thomson servitor to the Laidy Stitchel 38sh. Scots money for shearing and draught of his Naig in harvest last 1673 ex confessione rei. Wood £9. The qlk day James Leitheid in Nether Stitchell is judicially decerned to make payment to George Nisbet ther Nyn punds Scots money as the pryce and worth of certain dealls and trees bought and receaved be the said defender from the said Compleaner 2 years since or therby. Oats £8 per The qlk dav James Smith and Alexander Lawrie in Queens- cairn is judicially decerned to make payment to William Taylor ther the number of 3 fulles of Muckitland oats eaten and destroyed be the defenders bestiall and apprysed be the sworn men or else 81ib. as the prvce and worth of the Boll therof In respect of the pursuers oath being referred therto be the defender. Corn £9. 17. 6. The qlk day William Moffit in Over Stitchell is judicially decerned to make pavment to John Smith ther Nyn punds 17sh. 6d. Scots money as the pryce and worthe of certain Come bought and receaved be the said Defender from the said Compleaner 2 years since or therby ex confesswne rei. Debt. The qlk day John Gotrae in Nether Stitchell is judicially decerned to make payment to William Trumbell ther the sowme of 4libs. Scots monev borrowed and receaved be the said Defender from the said Compleaner the space of 6 years since or therby <\r confession e rei. Jta est Jacobus Pringle Xotarius publicus cler. attestor. , <5°) Ane Court halden at Stitchell Kirke upon the last dav of 107;, I ul y 31. 1 July 1675 be Robert Pringle of Stitchell heretable proprietor of the Lands and Barronie therof. Curia legittime nffirmata. Grass-rent £3. The qlk day Thomas Lamb in Over Stitchell is judicially decerned to make pavment to William Moffit ther the sowme of 3 libs. Scots monev as the grass maill of ane Nolt which was taken be the Defender from the said Compleaner in anno 1674 and which nolt he did not grass conform to his conditione In respect of the persewars oath being deferred to be the Defender. 1675] BARON COURT OF STITCHILL 77 The qlk day John Hoggard Calsa End is judicially decerned l^^s^s^ to make pavment to Alex Lowrie in Queenscairne the sowme 8Kb. 6sh. 8d. Scots money as the pryce and worthe of sex Dunments and ewes bought and receaved be the Defender from the Compleaner in anno 1673 ex confessione rei. The qlk dav Robert Hopper in Over Stitchell is judicially Main and decerned to make pavment to Margrat Scott 1 Lady of Queens- cairne the sowme of lOlib. Scots money for ilk Boll, of sex Bolls 3 fulls of beare compting fyve fulls for ilk Boll with 2 merks money as the pryce and worthe of ilk peck of three Bolls with a full of oatmeall and quit for the maill and dewty of the land possesst be him perteining to the persewer in lyfrent for the crop 167-1 ex confessione rei. The qlk day Thomas Wood in Stitchell and Margrat 3 half fulls of Underwood his spouse is judicially decerned to make payment oats 2 ' to William Lawrie Officer ther three halfe fulls of oats eatten and destroved be the Bestiall of Thomas Xeuton and John Lamb in Neuton and for which the said defenders becam Cautioner for them or else 31ib. 2sh. as the pryce and worthe therof ex confessione rei. The qlk day James Campbell in Stitchell is judicially Fee^. decerned to make payment to George Nisbett ther eleven punds 17sh. 4d. Scots money as the remainder of fyve halfe years fie and bountith wrought be the said Defender to the said Compleaner 3 or 4 years since or therby In respect of the defenders absence. The qlk dav Richard Concurr in Dunse is judicially decerned Ale and Beer, to make pavment to Alexander Robeson Malt man in Stitchell the sowme of 50sh. Scots monev as the pryce of certain Aill and Beer drunken be the said Defender conform to ane futtet accompt maid betwixt them ane moneth since or therby in respect of Margrat Johnstone spous to the Compleaner her oath bein£ deferred therto be the defender. Ita est Jacobus Prmgie Xotarius publicus cler. attestor. 1 She was widow of John Pringle, eldest son of Robert (the first laird) who predeceased his father. It would be this old lady who concealed William Veitch, the Covenanter, in Queenscairn, when the soldiers were seeking for him all round the house after the Conventicle of Fogo Muir about 1676. 78 THE MINUTES OF THE [1675 (5i) 1675, Nov. 12. 1 Stack Peats 4 merks. 4 fulls of Oats 1 Boll kiln- dried pease £11. Claims. Muck 12s. £8. 1 peck meal 35s- The qlk day James Campbell in Stitchell is judicially de- cerned to make payment to Robert Edgar in Rummeltonlaw four merkes Scots money as the pryce and worth of a stack of peats bought and receaved be him from the Compleaner at Lambes last with 8sh. for mawing of grass ex confessione rei. The qlk day Agnes Lillie relict of umquhyle Patrick Giffane in Runningburne is judicially decerned to make payment to William Service in Stitchell the sowme of 41ib. Scots money as the modifyed pryce of 4 fulls of oats as the remainder of 521ibs. money conteind in a Bond made and granted be the said umquhyle Patrick Giffane to the Compleaner in July 1672 In respect of the defender compeared personally and confest. The qlk day John Gotrae in Stitchell is judicially decerned to make payment to David Robesone gardener at Eist Rox- burgh the sowme of lllib. Scots money as the true pryce delyvered be the Compleaner to the Defender for ane Boll of Kiln-dryed peis qlk he should have delyvered at Mertimes last ex confessione rei. The qlk day John Gotrae in Stitchell is judicially decerned to make payment to Alisone Hammiltone in Stitchell the sowm of 12sh. Scots for muck with ane full and 3 capfulls of oats for herding of the defenders bestiall ex confessione ret. The qlk day John Smith at Park End Cautioner for William Moffit in Stitchell is judicially decerned to make payment to James Dasone in Harpertone the sowme of 51ibs. Scots money as the remainder of certain corne bought be the said William Moffit from the Compleaner a year and a half since ex con- fessione rei. The qlk day David Hoggard in Stitchell and Robert Hoge in Stitchell are judicially decerned to make payment to Peter Corbraith in Ednam the severall sowmes of money under- written for the causes following To witt the said David Hog- gard the sowme of eight pound as the pryce and worth of fyve peckes of oatmeall bought and receaved be him from the said Compleaner at Pasch last and the said Robert Hopper 35sh. as the pryce of ane peik of meall bought and receaved fra the said Compleaner at the tyme forsaid. 1676, Dec. 19. Ane Head Court halden at Stitchell Kirk upon the 19 day 1 677] BARON COURT OF STITCHILL 79 of December 1676 Be Robert Pringle of Stitchell Heretable Proprietor of the Lands and Barronie thereof. Curia legittime affirmata. The qlk day Andro alias David Hoggard in Nether Stitchell Claims, was judicially decerned to content and pay to George Pringle Maltman ffewar in Kelso the sume of seven pounds 15sh. 2d. Scots money as the pryce of certain iron and other merchand goods bought and receaved be the said David Hogard from the said Compleaner ane certain tyme bygain ex confessione rei. The qlk day Andro alias David Hoggard in Stitchell and Robert Lillie smith ther is judicially decerned to content and pay to Margrat Turnbull relict of umqhle William Courtney Indweller ther the sumes of money underwritten for the causes following To witt, The said David Hoggard the sum of 91ib. 17sh. Scots money conforme to ane particular futtit accompt herewith produced In respect thereof David Hoggard com- peared and denyed the said Compt which the said Margrat instead of all farther probatioun referred the samyn to his oath who deferred the samyn to her oath who deponed positive. The qlk day James Campbell Indweller in Stitchell is judi- The Moss of cially decerned to content and pay to John Wilson ther the Hume - sume of 20sh. Scots money for not leiding of ten load of peits from the Moss of Home to Stitchell with 5sh. Scots of the damnage of a yard whether the defender had conditioned with the Compleaner upon the Judges modificatioun. Ane Head Court halden at Stitchell Kirk upon the 15th „ (53) 1 1677, Dec. ic day of December 1677 be Robert Pringle of Stitchell heretable proprietor of the Lands and Barronie therof. Curia legittime affirmata. The qlk day George Hamiltone son lawfull to Margrat Dicksone in Nether Stitchell, George Hammiltone eister there, Gavin Utterstone servitor to Bessie Turnbull ther, William Ramsay indweller ther, Robert Hammiltone indweller ther, Ritchard and Robert Taylors in Queenscairne, and Andro Watson ther is judicially decerned to make payment to William Lowrie Procurator ffiscall of the said Court the several 1 sums underwritten for the causes following, ilk ane of 80 THE MINUTES OF THE them for their own pairts as is efter divydit To witt the said George Hammiltone and the said George Hammiltone eister ilk ane of them fyve pounds Scots money for ryots hinc inde upon Riot £5. uthers, in respect being proven be famous witnesses. The said George Hammiltone son to the said Margrat Dicksone the Cutting Ash sum of lOlibs. Scots money for cutting of ane esh tree belong- Tree £10. j. Q ^ e r jght honourable the Laird of Stitchell in respect of his confessioun. The said Gavin Utterstone, and William Ramsay ilk ane of them in fyve pounds Scots money for ryots comitted be them hinc inde upon uthers in respect being proven be famous witnesses. The said Robert Hammiltone stealing pease 30sh. Scots money for steiling away takeing be himselfe and Alexander Greenslae his servant of certain sheaves of peis belonging to the Teynd. The said Ritchard and Robert Taylors in Queenscairn and Andro Watsone ther, ilk ane of Unteinded corn them fyve pounds Scots money for Leiding their cornes in harvest last unteynded contrair to the Act of Court In respect of their awn confessiouns being all personally pled wherfor the Judge decerned in manner forsaid. Kain Fowls. The qlk day anent ane Complaint given in to the Court that the haill tennents of the Barronnie of Stitchell did not thankfully pay in their Kain Foulls dew and lyable in payment be them and ilk ane of them of the dew proportiouns of their Kain Foulls in dew tyme Therfore the Judge present with consent of the haill tennents being present for the tyme decernes the haill tennents to pay and dely ver in the Kain Foulls to ther Maister in dew tyme conform to their Tacks good and suffi- cient to pleas the Lady of Stitchell or her order, or else to pay for ever of Kain Foull the sume of 8sh. of Scots money in caus of not delyverie Always at the said Lady her optione And this Sentence and ordinance to stand in force in all tyme comming and ordains the officer to put the samyn to dew executions. Oats. The qlk day Robert Hammiltone in Nether Stitchell is judicially decerned to make payment to Walter Gremslae ther halfe ane Boll of oats yeirly conforme to the rate of the Mercat ay and till the said Compleaner be fullie satisfied and payed of the sowme of nyne pounds Scots money as the remainder of certain fees wrought be Issobell Nisbett sister in law to the Harden. said Compleaner with ane ell of harden or 4sh. as the pryce BARON COURT OF STITCHILL 81 therof. Ane ell and a halfe of plaiding or 12sh. as the pryce piaiding. therof. And modifyed 30sh. for the 50sh. lybellie conteind in the last Article of the lyble ex confessione rei with 20sh. money of expenses. The quilk day Robert Lillie smith in Stitchell is judicially decerned to make payment to Walter Lowrie in Rinningburne the sowme of 36sh. Scots money as the pryce and worthe of three halfe fulles of oats whilk the said Robert should have 3 half fulies delyvered to the said Compleaner as the remainder of a sowme ° ats 36s of teynd in a Decreit obtained at the said Compleaners in- Teind. stance against him ex confessione rei and assoilzies the said Robert Lillie for the 20sh. lybeld as the pryce and worthe of ane iron grape brought in be the said Walter Lowrie to the graip 20s. said Robert Lillie his smiddy and not redelyvered In respect the said Robert his oath of verity given theranent being referred to the said Walter Lowrie with 6sh. 8d. of expenses of pley. The qlk day James Lamb in Stitchell is judicially decerned Bear 12s. to make payment to James Lowrie ther the sowme of twelve sh. Scots money as the pryce and worthe of the halfe of halfe a full of bear and halfe a peck eatten and destroyed be the said James Lamb his bestiall in Summer last ex confessione rei with 4sh. of expenses and assoilzies the said James Lamb for the full of oats lybeld in respect prescribed by the Act of Court. The qlk day Walter Lowrie in Rinningburne is judicially half year's fee decerned to make payment to William Nisbett in Over Stit- chell the sowme of thre punds Scots money for halfe a years fie wrought be the said William Nisbett his sone to the said Walter Lowrie ex confessione rei with lOsh. money of expenses. The qlk day Andro alias David Hogard in Nether Stitchell Service, and Elspeth ffairbairne sometime indweller ther and now at Neuton Mill for her interest is judicially decerned to make payment to Adam Neill in Stitchell the sowme of three punds Scots money adebted be the said Elspeith ffairbairne to the said Compleaner in respect she fied William ffairbairne her brother to serve him half ane yeirs tyme and that fra Candle- mas last 1677 to Michaelmas last who entered home to his service and remained about the space of 2 moneth or therby F 82 THE MINUTES OF THE and thereafter deserted his said service wherfor the Judge modifyed the said Elspeth ffairbairne and Andro alias David Hogard in whose hands the said sowme of three punds was arreisted to make the samyn furth cumming with 6sh. 8d. of expenses in respect the said Elspeth ffairbairne compeared and confest and the said Andro alias David Hoggard being lawfully summoned ofttymes called and not compeired was halden confest. Schoolmaster. The qlk day Alexander Robesone Maltman in Stitchell is judicially decerned to pay to John Turner Schoolmaster ther the sum of 35sh. 6d. Scots money receaved be the said Alex- ander Robesone — John Robesone his servitor from Thomas Willobie Merchand in Berwick to be delyvered to the said John Turner and which never was delyvered be them In respect of the said Alexander Robesones confessioun of the recept of the money but declared it was sent to him for ane debt dew be the said Thomas Willobie to himselfe and the truth wherof he referred to the said John Turners oath of verity who deponed positive that the said 35sh. Scots money was dew to himselfe and assoilzied the said Alexander Robe- sone from the rest of the sowme of 6sh. 2d. sterling money with 6sh. 8d. of expenses. The qlk day Robert Lamb in Stitchell and John Gotrae ther for his interest is judicially decerned to make furth cum- ming payment to John Turner schoolmaster ther 23sh. 4d. Scots money arreisted in the hands of the said Robert Lamb debitor to the said John Gotrae at the Compleaners instance about Whitsunday last for payment making to him of four merkes ex coiifessume rei. Eaten Oats. The qlk day anent ane Complaint given in be Bessie Turn- bull relict of umqle James Hoggard in Stitchell against Robert Lamb indweller ther, and that wherby the defenders bestiall did eat and destroy to the said Compleiner the number and quantity of Thrie fulls of oats apprysed be the sworn men in harvest last And in respect the defender did compear personally and denyed that his bestiall did eat the said oats and the pundler also present could not clear the samyn neither could the persewer prove the eatting therof but declared that the said Robert Lamb his grass lay next ajacent to the said 1678] BARON COURT OF STTTCHILL 83 Bessie Turnbull her cornes. And therfor alledged the ajacent grass should keip the wins. And it being matter of neighbour- hood and of ane weighty concernment amongst the tennents the Judge present referred the matter debaittable to the decision and knowledge of John Donaldsone, Robert Hamiltone, James and John Lamb, James Campbell, and John Smith to report who thought it just and reasonable that every persones grass within the said Barronnie of Stitchell and possessoirs therof should keip their neighbours ajacent wins without it be proven that other beasts did eat the samvne and therfor the Judge present with consent of the fornamed persons and tennents being conveined for the tyme has decerned and inacted and be thir pntts inacts and decernes for futur trouble in tyme cumming that every persons grasse next ajacent to ther neighbours corne shall keip the grasse without it be otherways proven that others beasts eat and destroy the samvne and this Act to stand in force in tyme cummeing. Ane Heid Court halden at Stitchell Kirk be Robert Pringle (stJ of Stitchell heretable proprietor of the lands and Barronnie lb?S ' De ^' 14 therof upon the 14 day of December 1678 years. Curia legitt'ime affirmata. The qlk day Robert Lillie smith in Stitchell is judiciallv Sugar loaves, decerned to make payment and deliverance to John Stewart in Stitchell Mylne the number and quantity of three suggar loaves adebted and restand and awand be him to William Hopper merchand in Stitchell. And grants the said John Stewart had good and undoubted right be virtue of ane assignation granted be the said William Hopper to him and intimatioun following therupon. In respect the said Robert Lillie being personallv pntt and confest the samvne to be in his custody and powr wherfor the Judge decerned in manner forsaid with 12sh. of expenses of pley. The qlk day Robert Giftan in Stitchell is judiciallv decerned Fees, to make payment to Alexander Stott servitor to Robert Taylor in Queenscairne the soume of °.4sh. Scots monev as the remainder of Tlib. 9sh. for certein feis wrought be the said Compleiner to the said Defender about 3 years since. In respect the Defender compeired personallv and confest the 84 THE MINUTES OF THE [1678 samyn to be restand awand wherfor the Judge decerned in manner forsaid with 8sh. of expenses of pley. (55) Ane Heid Court halden at Stitchell Kirk be Robert Pringle 1679, Dec. 20. . . . of Stitchell heretable proprietor of the Lands and Barronnie therof upon the 20th day of December 1679 years. Curia legittime qffirmata. Half year s fee The qlk day Margrat Turnbull in Stitchell and Thomas Courtney her sone are judicially decerned to make payment to James Dicksone in Home the soume of 50sh. Scots money as half ane yeirs fie wrought be the said Compleiners daughter to the said defenders about seven years since or therby with lOsh. 1 eUhardeii'ios as ^ ne m °dified worthe and pryce of halfe ane elle of Linning and ane ell of harden as bountith ex confessions rei with 6sh. 8d. of expenses. The qlk day Robert Lilly smith in Stitchell is judicially decerned to make payment to William Dickson in Ednim the sowm of 4 merks Scots money as the pryce and worth * of a wort-stain bought be the said defender from the Com- Wort stam pleiner a certain tyme bygain ex confessione rei with 4sh. of 4 merks - expenses. Debts. The qlk day David Haggard in Stitchell and William Hog- gard eister ther are judicially decerned to make payment to Margrat Turnbull in Stitchell the severall soumes of money underwritten ilk ane of them for ther own pairts as is efter divyded To witt the said David Hoggeard the sowme of 8 pounds 5sh. Scots money borrowed and receaved be him fra the said Compleiner ane year since or therby ex confessione rei with ... of expenses. Weights. The qlk day Robert Giffan in Stitchell is judicially decerned to delyver to John Stewart indweller ther, ane half a stane weight and two pound weight which was borrowed be him from the said Compleaner and detained be the said defender from the said Compleaner, and borrowit by defender, or els to delyver to him the sowme of 50sh. Scots money as the pryce and worth therof ex confessione rei. The qlk day James Ker at Stitchell Mylne is decerned to make payment to John Stewart in Stitchell the sowme of 40sh. Oats 40s! eS ° Scots money as the modified pryce and worth of seven halfe i68o] BARON COURT OF STITCHILL 85 fulles of oats eatten and destroyed be the defender's bestiall in summer last and apprised be William Lawrie and Robert Hammiltone ordinar apprisers In respect the defender pntt con- fest the samyn and therfor the Judge modified and decerned in manner forsaid with 6sh. 8d. of expenses. The qlk day John Turner in Nether Stitchell and John Debts. Wilsone at the Craig End is judicially decerned to make pay- ment to James Lamb in Over Stitchell the severall soumes of money underwritten ilk ane of them for their own pairts as is efter divydit To witt the said John Turner the sowme of 40sh. Scots money as the modified pryce and worth of two . . . of hay eaten and distroyed by said defender's bestiall and which was apprised be John Gotrae, John Smith, and Thomas Whyte ordinar apprysers Item the said John Turner and John Wilson the soume of 40sh. money forsaid equally to be payed betwixt them ex confessione rei with 8sh. of expenses. The qlk day Margrat Turnbull in Stitchell is judicially de- Malt, cerned to make payment to George Pringle fewar in Kelso the soume of 31ib. 9sh. Scots money as the remainder of certain malt bought and receaved be her fra the said Compleiner three yeares since or therby In respect of the perse wars oath being referred to be the said defender who deponed positive with expenses. Ane Court halden at Stitchell Kirk be Robert Pringle of ro (56) & m 1680, April Stitchell heretable proprietor of the Lands and Barronnie therof upon the nyntein day of Apryle 1680 years. The qlk day Andro Geills in Home Byres and Andro Hud indweller in Rummilton Law is judicially decerned to make payment to William Lowrie Procurator ffiscall of the said Court the soumes of money underwritten the said Andro Geills Blood /io. the soume of ten pounds Scots money and that for a Blood comitted be him upon the said Andro Hud upon the 9th day of Apryle 1680 years in respect of . . . The qlk day Robert Lillie smith in Stitchell is judicially Debt, decerned to make payment to Margrat Turnbull in Nether Stitchell the soume of 151ibs. Scots money borrowed and receaved be the said defender from the said persewar about three years since or therby In respect of the said Robert Lillie 86 THE MINUTES OF THE [1680 his own confessioun with 20sh. of expenses of pley wherfor the Judge decerned in manner forsaid. (57) Ane uther Court halden at Stitchell Kirke the 7th of August 1680, August 7. |ggQ y ears b e the Right worthv Robert Pringle of Stitchell here table proprietor of the Lands and Barronnie therof. Curia legittime affirmata. Fine for steep- The qlk day the severall inhabitants within the town of Stitchell are judicially decerned to make payment to William Lowrie Procurator ffiscall the soume of . . . Scots money ilk ane of them And therfor a fyne and amerciament imposed upon them for laying in into the Water of Eden and uther running waters ther Lint to the great prejudice of the Leidges and killing the fishes contrair the Acts of Parliament and Laudable Lawes of this Kingdom. Riot ^5. The qlk day Robert Giffan in Stitchell is judicially decerned to make payment to William Laurie Procurator ffiscall the soume of five pounds Scots money and that for ane Ryott comitted be him upon Adam Hoggard indweller ther ex con- fess'ione rei. Fee. The qlk day Robert Lillie, smith in Stitchell is judicially decerned to make payment to Adam Hoggard ther the soume of 81ibs. 6sh. Scots money as the remainder of ane years fie wrought be Issobell Nisbett his spouse to the said Robert Lillie about fyve years since or therby. Debt. The qlk day John Gotrae in Over Stitchell is judicially decerned to make payment to Thomas Courtney Chapman in Stitchell the soume of 581ibs. Scots money adebted and restand awand be him to umqle William Courtney father to the said Compleiner and which is confirmed in her umqhle fathers Testament And sichlyke Robert Hammiltone indweller ther is decerned to pay to the said Compleiner the soume of 38libs. 4sh. money forsaid adebted restand awand be him to the said umqhle William Courtney and contained in his confirmed Testament ex confessione rei. The qlk day Alexander Robeson in Nether Stitchell is judicially decerned to make payment to Robert Lillie smith ther the soume of 91ibs. Scots money and that for certain work wrought be the said Compleiner to the said defender in i68o] BARON COURT OF STITCHILL 87 respect of AVilliam Watson and James Pringle their determina- tion to whom the business was referred ex consensu partis, Ane Barron Court of Stitchell halden at Stitchell Kirk be , n (sf) 1680, Nov. 27. Robert Pringle of Stitchell heretable proprietor of the Lands and Barrony therof upon the 27 day of November 1680 years. Curia legittime affirjnata. The qlk day Robert Hammiltone in Stitchell is judicially Fee £3. 6. 8. decerned to make payment to James Hammilton weiver there the sowme of six punds 4sh. Scots money for the causes follow- ing To witt Three punds 6sh. 8d. for a harvest fie wrought be the said Compleiners wyfe to the said defender about 3 years since or therby with 6sh. as the pryce of 27 herring for supper 27 herring 65. kitchen 1 and 31ibs. lsh. for work wrought be the said Com- pleiner to the defender about a year since or therby In respect the said defender compeired personally and confest the samyn to be aworhtand deducing therof 12sh. for 3 fodder of corn loading. The qlk day Richard Taylor in Queenscairn is judicially Debt, decerned to make payment to Alex Robeson malter in Stit- chell the soume of 81ibs Scots money borrowed and receaved be him fra the said Alexander Robesone about a year since past at Lambes last ex confesswne rei. • The qlk day Richard Taylor in Queenscairne is judicially decerned to make payment to Margrat Turnbull in Stitchell four punds lOsh. Scots money pairtly borrowed and pairtly for drink about four years since or therbv Being lawfully summoned and not compeired was halden as confest. The qlk day John Hoggard called Calsa End is judicially Absoivitur. assoilzied fra the sowme of 31ibs. Scots money alledged adebted and restand awand be him to James Ker in Stitchell Mylne as the remainder of the pryce of a meir bought and receaved be the said John Hoggard fra the said James Ker upon the 25 day of July last bypast. In respect the said James Ker referred the truth therof to the said John Hoggard his oath who being present deponed negative Wherfor the Judge assoilzied. The qlk day John Turner in Carchesters is judicially house rent £10. decerned to make payment to William Purves in Stitchell and 88 THE MINUTES OF THE [1680 Margrat Richisone his spous the soume of ten punds Scots money as the maill and duety of ane hous sett be the said John Turner to the said William Purves at Whitsunday last which hous was ruinous and therfor the said William could not enter therto as also failzied to suffer the said William Purves to plant three capfulls of Lint seid and halfe a full of peis and half a pecke of beans wherfor the said Compleiner and his said spous is damnified in the said sowme of ten present In respect the said John Turner being lawfully summoned after tymes called and not compeirand was halden as confest. 6g (5s 2 ) Ane Barron Court of Stitchell halden at Stitchell Kirk be nr. 14. j^ o | 3er |. p r j n gj e G f Stitchell heretable proprietor of the Lands and Barrony therof upon the 14th day of March 1681 years. Curia legittime affirmata. Bringing home The qlk day Cathrein Turnbull relict of the deceist James the millstone. Campbell in Nether Stitchell is judicially decerned to make payment to John Stewart ther the sowme of three punds Scots money as his proportionall pairt for bringing home the Mill- stone 1 conform to the cast for the space of six years preceding his decease In respect the saids pairties present the said Cathrein Turnbull defender deferred to the said John Stewart his oath who deponnid positive. The qlk day Cathrein Turnbull, relict of the deceist James Campbell in Nether Stitchell is judicially decerned to make payment to Adam Hoggard ther the suim of 291ibs. 7sh. Scots money counted and reckoned betwixt the Compleiner and defender upon the 6 January last bypast as the remainder of certain fies wrought be the said Compleiner to the Defender Half year's fee preceiding the said day Item the sowme of 81ibs. money as £8 and 4 pair half a yearg fie from Whitsunday 1680 to Mertimes 1680 last bypast with four pair of hose for the Compleiners use and his wifes or 44sh. as the pryce and worth therof In 4 pair hose or respect the said defender compeired personally and confest the 44s. samyn. 1 This was accomplished by inserting a young ash-tree through the aperture of the millstone, and using it as an axle ; all the neighbours taking turns in groups to trundle the millstone along the road without injuring the grinding surfaces. i68i] BARON COURT OF STITCHILL 89 Ane Heid Barron Court of Stitchell halden at Stitchell (59) Kirke be Robert Pringle of Stitchell heretable proprietor of the Lands and Barrony therof upon the 26 of November 1681. Curia legittime affirmata. The qlk day Cathrin Turnbull relict of the deceast James 3 fulls oats £3. Cambell in Nether Stitchell is judicially decerned to make payment to Robert Lillie smith ther the soume of 31ibs. Scots money as the pryce and worthe of 3 fulles oats or else the said 3 fulls of oats with 15 sheaves of shairping corne In respect- of her confessione. The qlk day Thomas Milne in Stitchell is judicially decerned eaten Corn - to make payment to Alexander Lowrie in Queenscairne the soume of 15sh. Scots money and that for certain eatten corne destroyed be the said Thomas Mylne his bestiall in harvest last apprysed be the ordinar sworn men within the Barrony wherfor the Judge modified in manner forsaid. The qlk day Walter Lowrie is decerned to pay to William Fees. Moffit in Nether Stitchell the soume of 4 merkes Scots money for certain fies wrought be the said persewar to the said defender In respect of the defenders awn confessione. The qlk day John Hoggard called Calsay End is judicially Cordi ner's Shoes decerned to make payment to John Dicksone cordiner in 38s ' Stitchell the sowme of 38sh. Scots money as the pryce and worth of certain shoes bought and receaved be him fra the Compleiner In respect the said defender compeired personally and confest the samyne. The qlk day Walter Lowrie in Rinningburne is judicially Oats and Mowin decerned to make payment to John Hoggard called Calsay End the sowme of 2Kb. 18sh. Scots for certain oats and mawing In respect of his own confession. The qlk day George Hammiltone in Stitchell is judicially unlawed and amerciatt to pay to the Procurator ffiscall fyve punds Scots money for taking out of some nolt beasts out of George Miller at Stitchell Mill* his stable at his own hands and brak up the said Compleiners stable door and took out Breaking Stable the samyn at his own hands without any order efter they were -^ 5 ' taken out be the Compleiners servands and found pasturing on his grounds And the said George Hammiltone was assoilzied 90 THE MINUTES OF THE [1681 from the Ryot alledged committed be him upon the Com- pleiners servands. Ox. The qlk day Thomas Galbreath in Stitchell is judicially decerned to make payment to Thomas Wood indweller ther the sowme of Glib. I6sh. 8d. Scots money as the remainder of the pryee of ane ox bought and receaved be the said defender from the said Compleiner a year since or therby In respect the said defender compeired personally and confest the samvne. • : _ Ane Barron Cour: 0: Stitchell halden a: Stitchell Kirk be the Riorht Worthie Robert Pringle of Stitchell heretable Proprietor of the Lands and Barronie thereof upon the 17 day of January 16S2 years. Curia legitthnr ajfirmata. Decreit against The qlk day John Thomson weiver in Stitchell, William the \\ea\eri. Thomson weiver ther. Alexander Hammiltoun weiver ther, Alexander Brown weiver ther. John Hammilton weiver ther, James Tiiomson weiver ther. Matthew Thomson weiver ther, Adam Hammiltoun weiver ther. George Hamilton weiver ther. Henry Cudbertson weiver ther, and James Aitchison weiver in Queenscairne is judicially decerned to make payment to John Underwood Procurator rBscall of the said Court the sonnies of monev and others contained in the Acts of Parliament as contraveiners therof in not weiving ther cloath ane ell and inch broad as also in keiping of unsurficient weights and in not trvincr the samvn with the weights of John Horsbruj^h of the Sherefdom of Roxburgh In respect the haill defenders compeired and confest that they were guilty of both the Articles of the said Lvbell wherfor the Judge decerned in manner forsaid. Deforcing the The qlk day Thomas Galbraith in Stitchell is judicially Bourlaw Officer jp^j^^j j- 0 ma ke payment to the Procurator rfiscall of the said Court fyve punds Scots money for deforceing of the birlae officers and ane Rvott committed be him in offering to kill anv of them who povndit anv of his goods ttt confessione rW. wherfor the Judge decerned in manner forsaid. . - The qlk day Robert Lillie >mith in Stitchell is judicially ;iV"si. decerned to make pavment to John Dickson cordiner ther the 1 682] BARON COURT OF STITCHILL 91 soume of 58sh. 8d. Scots money as the worth and pryce of two pair of shoes bought and receaved be the said defender from the said Compleiner about 2 years since or therby In respect of his confession etc. The qlk day John Wilsone caryer in Stitchell is judicially Carrier, decerned to make payment to James Pringle servitor to the Laird of Stitchell and William Lowrie in Nether Stitchell the soume of 191ibs. lOsh. Scots money as the aggryed worth and pryce of certain oats bought and receaved be the said John Wilsone from the said Compleiner in January last ex con- fessione rei. The qlk day George Hammilton in the hill, and George Dick- Debts, son in Stitchell is judicially decerned to make payment to Mark Ker in Stitchell the severall soumes of money underwritten for the causes following ilk ane of them for ther own pairts as is efter devyded To witt the said George Hammilton the soume of 71ib. Scots money for Aill and borrowed money borrowed be him fra the Compleiners wyfe two years since or therby In respect of his own confessioun. The said George Dickson the sowme of fyve punds lOsh. Scots money as ane harvest fie Harvest Fee wrought be the Compleiners servand to the said defender in IOS ' harvest last In respect he being lawfully summoned oft and dyvers tymes called and not compeirand was halden as confest. The qlk day Adam Hammilton weiver in Stitchell is judi- Timber ^4. cially decerned to make payment to Thomas Underwood wright ther the sowme of four punds Scots money and that for certain timber work bought and receaved be the said defender from the said Compleiner abuit Mertimes last In respect the said defender being lawfully summoned oft tymes called and not compeirand was halden as confest. The qlk day William Hoggard eister is judicially de- Hay £4. cerned to make payment to John Hoggard called Calsay End the sowme of four punds Scots money as the pryce and worth of some hay bought and receaved be the said defender from the said Compleiner about Mertimes last In respect the said defender being lawfully summoned oft and dyvers tymes called and not compeirand was halden as confest etc. 92 THE MINUTES OF THE [1683 M i 6l > Ane Heid Barron Court of Stitchell halden at Stitchell 1683, Jan. 13. Kirk be the Right Worthie Robert Pringle of Stitchell here- table Proprietor of the Lands and Barronnie therof upon the 13 day of January 1683 years. Curia legittime affirmata. Debts. The qlk day James Hoggard in Stitchell is judicially decerned to make payment to William Service indweller ther the soume of lOlib. 6sh. Scots money faithfully promitted be him to the said Compleiner, Yeull gin a yr. or therby. Item David Hoggard ther the soume of 51ib. 14sh. as the remainder of a certain soume of money adebted be the said David Hoggard to him, and as the remainder of certain cornes bought and receaved be the said defender fra the said Com- pleiner about the tyme forsaid. Debts. Item Walter Lowrie in Runningburne the soume of 28sh. for certain work wrought be him to the said defender 3 years since or therby And decerns the said James Hogard to pay to Compleiner 12sh. of expenses of pley, the said David Hoggard 8sh. Scots money of expenses, and the said Walter Lowry 4sh. money forsaid of expenses of pley. In respect they compeired all personally and confest the soumes of money above written to be justly adebted be them to the said Compleiner wherfore the Judge decerned in manner forsaid. The qlk day Robert Hopper in Stitchell is judicially decerned to make payment to Robert Brown in Eccles the soume of 131ib. 5sh. Scots money as the remainder of the pryce of certain bears bought and receaved be the defender from the said Compleiner 7 years since or therby with 24sh. of expenses of pley In respect the said defender his own confessione. Fee The qlk day Andro alias David Hoggard in Stitchell is judicially decerned to make payment to Andrew Robeson ther the soume of 31ib. Scots money as the remainder of fyve half yeirs fie wrought be the said Compleiner to the defender about two years since or therby In respect of the defenders own confession. Tailor W ork. The qlk day Gavin Utterstone servitor to William Lowrie in Stitchell and William Hoggard eister are judicially decerned to make payment to George Jonstoun taylor ther the severall soumes of money underwritten ilk ane of them for ther own 1683] BARON COURT OF STITCHILL 93 pairts as is efter divydit To witt the said Gavin Utterstone the soume of 24sh. as the pryce and worth of ane fulle of oats 1 ful1 of 0ats and that for certain taylor work wrought be the said Com- pleiner to the defender ane certain tyme bygain with 4sh. of expenses Item the said William Hoggard 18sh. as the pryce 1 Ml of Oats and worth of ane other full of oats also for certain work In respect of the said Gavin Utterstone being lawfully summoned and not compeired was halden as confest and the said William Hoggard his own confessione with 4sh. of expenses of pley. The qlk day Walter Lowrie in Runningburne is judicially Ewe ^3. 6s. decerned to make payment to James Purves the soume of 3 punds 6sh. Scots money and that as the pryce and worth of ane ew which was delyvered be the said compleiner to the said defender in grassing and did pay for the grass therof and was never restored back again to the said compleiner with 8sh. of expenses of pley. In respect the verity of the said claim being be the said defender referred to the persewars oath who refused to depone wherfor the Judge decerned in manner forsaid and assoilzied the said defender from the soume of 91ibs money forsaid In respect the defender deferred the samyn to the persewars oath who refused to depone as said is, Wherfor the Judge assoilzied in manner forsaid. The qlk day William Dickson indweller in Stitchell is Leading Corn judicially decerned to make payment to Margrat Turnbull I4S * relict of the deceast William Courtney ther the soume of 14sh. Scots money and that for leiding in of the compleiners comes in the tyme of harvest for which she allowed him certain gras for doing therof and assoilzied him wherfor the Compleiner was damnified in the forsaid soume with 8sh. of expenses of pley In respect of her own confessione wherfor the Judge decerned in manner forsaid. Ane Heid Barron Court halden at Stitchell Kirke be the (62) Right Honourable Sir Robert Pringle 1 of Stitchell Barronnett l683, De °' 29 upon the 29 day of December 1683 yeares. Curia leglttime affirmata. Robert Pringle of Stitchill has now become a baronet. 94 THE MINUTES OF THE i^fuiie of pease r phe qlk day John Lamb in Stitchell is judicially decerned to make payment to James Thomson weiver ther the soume of 16sh. Scots money and that as the modified prvce and worth of ane full of peis eatten and destroyed be the Compleiners bestiall in summer last and which was apprysed be the ordinar sworne men within the Barronnie of Stitchell. Beare^io. 9. The qlk day Richard Taylor in Queenscairne is judicially decerned to make payment to James Service in Stitchell the soume of lOlibs. 9sh. as the prvce and worth of certain beare bought and receaved be the said defender from the compleiner two years since or therby In respect the said defender com- peired personally and confest the said sowme to be justly adebted and restand a wand be him to the said perse war wherfor the Judge decerns in manner forsaid. 3 pecks oatmeal The qlk day Walter Lowrie in Rinningburne is judicially decerned to make payment to George Johnstone in Stitchell the soume of 31ibs. Scots money and that as the agreed worth and pryce of 3 pecks of oatmeall bought and receaved be the said defender from the compleiner in harvest last in respect of his own confession. Weaving. The qlk day Robert Lillie smith in Stitchell is judicially decerned to make payment to John Thomsone ther the soume of 61bs. 18s. 8d. and that for weiving of certain cloath to the said defender within this 3 years since or therby. Cordiner. The qlk day George Hammilton called also of the Hill, is judicially decerned to make payment to John Dickson cordiner ther the soume of 43sh. Scots money and that as the agreed Meal. worth and prvce of certain meall bought and receaved be the said defender from the said Compleiner ane year since or therby ex confessione rein Debt. The qlk day Robert Lilly smith in Stitchell, Andro alias David Hoggard ther and Walter Lowrie in Runningburne ar judicially decerned to make payment to Thomas Courtney in Fogo the severall soumes of money underwritten for the causses following ilk ane of them for ther own pairts as is efter divydit To witt the said Robert Lilly the soume of 4lib. 7sh. Scots money and that as the remainder of certain iron bought and receaved be the said defender from compleiner ane year since or therby In respect the said Thomas Courtney 1 684] BARON COURT OF STITCHILL 95 and the said defender compeired personally and the said persewar referred the verity of the said claime to the defender his oath who deferred the samyn to the persewars oath who depouned the said soume to be justly restand be him to the defender. The said Andro alias David Hoggard the soume of 5lib. lsh. Scots money and that also as the remainder of certain iron bought and receaved be the defender from the compleiner about the tyme forsaid ex confessione rei. The said Walter Lowrie the soume of 31ib. 2sh. money also for certain iron about the tyme forsaid In respect of his own confessione. The qlk day the haill tennants within the Barronny of Stit- Dykes; chell anent ane complaint given in be John Underwood Pro- Vlcara S eTeind curator ffiscall against them and ilk ane of them for keipingof insufficient dykes wherby ilk ane of them suffers their bestial 1 to eat and destroy their neighbours cornes to ther great hurt and prejudice contrair to the Acts of Court and Dayly Practiqs of this Kingdom wherfor the said Judge has decerned you and ilk ane of you to keip and make your dykes sufficient in tyme cumming and authorises the former Acts maid theranent and also for not paying of Vicaradge at Mertimas yearly which in tyme comming the Judge decerns them to pay punctually at the said Term yearly under the paine of Doubling. Ane Barron Court of Stitchill halden at Stitchill Kirk be (6 3 ) the Right Honourable Sir Robert Pringle of Stitchill Knight l684 ' Ma > Barronnett heretable proprietor of the Lands and Barronnie therof upon the 19 day of May 1684 yeares. Curia legittime affirmata. The qlk day George Hammilton in the Hill is judicially Debt, decerned to make payment to Robert Giffan in Stitchill the soume of 31ibs. Scots money pairtly for merchand goods and pairtly borrowed money ane year since or ther by In respect of the said defender compeired personally and denyed the said claime which being be the Persewar referred to the defenders oath was deferred be the defender to the persewars oath of verity who deponnid positive and therfor the Judge decerned in manner forsaid. The qlk day Walter Lowrie in Stitchill is judicially 7 days work decerned to make payment to George Johnstone ther the 2IS - 96 THE MINUTES OF THE soume of 21 sh. Scots money and that for 7 dayes work wrought be the said compleiner to the defender in Aprylle last or therby In respect the said defender compeired personally and confest the said sowme to be justly restand awand be him to the Persewar wherfor the Judge decerned and ordained in manner forsaid. Malt. The qlk day Marion Douglas in Stitchill is judicially decerned to make payment to David Home indweller in Home the soume of lOlib. 5sh. 8d. Scots money as the remainder of the pryce of two Bolls and a halfe of Malt bought and receaved be the said defender from the said Compleiner in the moneth of March 1683 yeares. In respect the said defender being lawfully summoned oft tymes called and not compeirand was halden as confest. Riot. The qlk day anent the claime given in be John Underwood Procurator ffiscall against Robert Lillie smith in Stitchill and Henry Sinclair Farrier ther making mention that wher upon the 18 day of January 1684 years last by past they and either of them did in ane most violent inhumane and unchristian manner most maliciously and furiously hurt stryke and ding ilk ane of them another in severall pairts of ther bodies to the effusion of either of ther bloods in great quantity and therfor they and ilk ane of them ought and should be punished in ther body and goods conform to the Acts of Parliament and davly Practice of this Kingdom to the terrore of others to committ the lyke in Tyme cumming. The qlk claime being heard red seen and considdered be the said Judge and the said Robert Lillie compeirand personally and confest ane Ryott efter probatioun given in be the said Henry Sinclair and denyed the blood and severall famous witnesses being adduced sworn and examined upon the poynts of that said Lybell The said Judge did find the said witnesses did prove sufficiently that the said Robert Lilly had committed ane blood wytte or ryott upon the said Henry Sinclair wherfor the said Judge Unlawed. onlawed and amerciat the said Robert Lilly in the said Blood and Bloodwytt and Ryott conform to the Acts of Parliament. Half year's Fee The qlk day Walter Lowrie in Rinningburne is judicially £3- 6. decerned to make payment to John Brocky and Alisoun Brocky his sister To witt to the said John Brocky the sowme of 31ib. BARON COURT OF ST1TCHLLL 97 6sh. Scots monev and that for halfe a years tie wrought be the said Compleiner to the said defender To the said Alison Brocky Hamai Fee the soume of olibs. lOsh. monev forsaid for ane harvest tie in harvest last ex confessione rei. The qlk day anent the Lybell and Claime given in be John Sumptuary law Underwood Procurator ffiseall against Richard Taylor in Queenscairne William Thomsone in Stitchill Hector Turnbull ther Robert Hammilton ther Robert Waitt ther Robert Waitt mason ther John Wood ther Robert Lamb ther Walter Lowrie in Rinningburne Mark Ker in Stitchill Marion Douglas ther Jenett Mill ther Margrat Turnbull ther and George Hope in Park End Mentioning that whereas our Soveraigne Lord with Marriages advvce and consent of his Estaits of Parliament be Act of Parlia- Bunais" ment of the daitt the threttein dav of September 1 681 years Con- sidering the great hurt and prejudice arising to this Kingdome be the superfluous expenses bestowed at Marriages. Baptisms, and Burialls for repressing of which abuse in tyme cumming His Majesty with advvce and consent of his Estaits of Parlia- ment Does statute and ordaine that Marriages Baptisms and Burialls shall be solemnizat and gone about in sobber and decent manner and that at Marriadges besides the marrving persones their parents children brothers and sisters and the family wherein they live ther shall not be present at anv Contract of Marriadge, mariage or infare 1 or meitt upon the occasion therof above four friends on either syde with their ordinary Domestick servants And neither Brydegroom nor Bryde nor ther parents or relations tutors or curators for them and to ther use shall make above two changes of ravment at that tyme or upon that occasion Certifying such persons as shall contraveine if they be Landit persones they shall be lvable in the fourth pairt of ther yearly valued rents. And these who are not Landit persones in the fourth pairt of ther moveables. Burgesses according to ther condition and means not exceiding 100 merkes Scots And mein craftsmen or servants not exceeding 100 merkes And if ther shall be anv greater number of persones ther aforesaid in any house within An entertainment given upon the entry of a bride to her new home. G 98 THE MINUTES OF THE [1684 Burgh or Suburbs therof or within two mylles of the samyne wher Penny Weddings are maid that the Maister of the house shall be fyned in the soume of 500 merks. And it is statute and ordained that at Baptismes upon that occasione besydes the parents children brothers and sisters there shall not be present above four witnesses And trew it is that the . . . haill fornamid persones has contraveinid the said Act of Parliament wherfor they ought and should be unlawed and amerciat conforme to the tennor therof as the said Lybell bears which being callid and the haill fornamid persones .... [Unfinished in MS.] 168' March 10 The Barron Court of Stitchill halden at Stitchill Kirk be the Right Honourable Sir Robert Pringle of Stitchill Knight Barronnett heretable proprietor of the Lands and Barronnie therof upon the 10th day of March 1685 years. Curia legittime affinnata. Debt - The qlk day Robert Giffan in Stitchill is judicially decerned to make payment to Issobell Ormestoune in Queenscairne the soum of 36sh. Scots money as the remainder of 10 punds as the prvce and worth of certain meall bought and receaved be the said defender and his wyfe about ten years since and the remainder of ane harvest fie In respect the said defender com- peired personally and confest the said soumes to be treuly restand awand to the said Persewar wherfor the Judge decerned in manner forsaid. Two Nags. The qlk day Alison Gotrae relict of the deceast William Hoggard in Stitchill is judicially decerned to redely ver to Andro alias David Hoggard son to the said deceast William Hoggard Two naigs which pertained to the said Compleiner and was lent be him to his deceast father to be maid furth dimming to the Compleiner when he should call for them And which two naigs was bought be the said Compleiner from Adam Hoggard wright in Stitchill and Robert Hoggard ther about 3 years since or therby And accordingly payed for the samyn to them and whilk was in the custody of the said defender. In respect of the Depositions of severall famous and the said Compleiner his own oath In respect wherof the Judge decerned in manner forsaid. 1 686] BARON COURT OF STITCHILL 99 The qlk day Alison Gotrae in Stitchill is judicially decerned Bill, to make payment to William Lowrie in Stitchill the soume of 6 pounds lOsh. Scots money of Principal with 30sh. of expenses contanid in a Ticket maid and granted be the deceast William Howard husband to the said defender to the said William Lowrie of the daitt the 20 day of December 1685 as als the soume of 24sh. money forsaid as the pryce and worth of certain strae bought and receaved be the said Defunct from the Coin- pleiner ane year since or therby In respect of the Defenders own confession and of the Ticket produced wherfor the Judge decerns in manner forsaid. The qlk day Alison Gotrae relict and executor to the Redelivery of deceast William Hoggard in Stitchill at least intromissatrix Cow - with the said Defuncts goods and geares is judicially decerned to redelyver to Robert Hoggard sone to the said Defunct ane claik hackit cow which pertained to him and which was bought be the compleiner from James Purves in Smailholm about seven years since or therby and was lent be the said Com- pleiner to the said Defunct to be maid furthcumming be him when he should call for the samyn which cow was in the pos- session of the said defender In respect of the persewars oath who deponnid that he bought the said cow from the said James Purves about the tyme forsaid with his own money and was delyvered be him to his said deceast father to be maid furthcumming when he should call for the samyn Wherfor the Judge decerned in manner forsaid. The Barron Court of Stitchill halden at Nether Stitchill be (6 5 ) the Right Honourable Sir Robert Pringle of Stitchill Knight 1686, January » Barronnett Heretable Proprietor of the Lands and Barronny therof upon the 2nd day of January 1686 yeares. Curia legittime affirmata. The qlk day Walter Lowry in Runningburne is judicially 2 pecks oat- decerned to make payment to William Mill in Stitchill the meal 44S ' sowme of 44sh. Scots money as the pryce and worth of two pecks of oat meill bought be the defender from the complainer two years since or therby with 3sh. as ane dayes threshing In x d a y' st h res h. respect the said defender compeired personally and referred the ing 3s. truth therof to the defenders oath of verity who being all 100 THE MINUTES OF THE [1686 Mare and Corn. Trinity Mondav. present referred the samyn to the persewars oath who de- ponnid positive wherfor the Judge decerned in manner forsaid. Dowcat Mains. The qlk day Alison Gotrae in Stitchill is judicially decerned to make payment to Thomas Welsh Dowcat Mains the sowme of Glibs. Scots money pairtly for service and pairtly for oat- meall bought and receaved be the defender from the said complainer about 10 years or therby And likewyse assoilzies the defender from the rest of the Lvbell and assoilzies William Moffat in Stitchill from the haill payments of the Lvbell In respect the persewar referred the truth therof to the defenders oath of verity simpliciter and the said William Moffat de- ponnid negative wherfor the Judge decerned and assoilzied in manner forsaid. The qlk day Thomas Hoggard in Stitchill, Principal, and John Hoggard called Calsay End his brother, cautioner for him is judicially decerned to make payment to James Purves in Smailholm the sowme of 12 pounds Scots money as the remainder of the pryce of ane mear and corns bought be the said Thomas Hoggard from the said Complainer at Trinity Monday last. Ex confessione rei. In respect therof the Judge decerned in manner forsaid. The qlk day Alison Gotrae in Stitchill is judicially decerned to make payment to George Wood in Rummelton Law the sowme of 4 merkes Scots money as the pryce and worth of ane Stack of peitts bought and receaved be her umquhile husband from the said Complainer about ane year since or therby with jp,ckBear4s. halfe a peck of beare of bountith or 4sh. as the prvce and worth therof ex confessione rei. The qlk day Andro alias David Hoggard in Stitchill is judicially decerned to make payment to William Lawrie in- dweller ther the sowme of 31ib. 15sh. Scots money as the pryce and worth of halfe ane Boll of beare bought and receaved be the said defender from the said Complainer about 5 years since or therby ex confessione rei wherfor the Judge decerned in manner forsaid. Minister. The qlk day Andro alias David Hoggard in Stitchill is judicially decerned to make payment to Mr. Andrew Hammil- tone minister of . . . and William Lowrie in Stitchill his factor the sowme of 5 pounds 6sh. 8d. Scots money as the Stack of peat 4 merks. £ Boll Bear £3- 15- 1 686] BARON COURT OF STITCHILL 101 remainder of the pryce of ane naig bought and receaved be Nag. the said defender from the Complainer about 5 years since or therby In respect of the said defender his own confession. The qlk day Robert Hopper in Stitchill is judicially de- cerned to make payment to Alexander Small wright in Gallo- shealls the sovvme of 31ib. Scots money In contentation and satisfaction to him of Tlibs. money forsaid acclaimed be him from the said defender as the pryce and worth of ane new wain Wagon Wheel wheill bought and receaved be the said defender from the said Complainer three years since or therby. Ane Barron Court of Stitchill halden at Stitchill be the ( 66 ) Right Honourable Sir Robert Pringle of Stitchill Knight l686, ^ an ' 2 ' Barronnett Heretable Proprietor of the Lands and Barrony therof upon the 2nd day of January 1686. Curia legittime affirmata. The qlk day in presence of the said Sir Robert Pringle of Act of . . . Parliament Stitchill sittand in judgement anent the thirty fourth Act of the First Parliament of King James the Seventh halden at Edinburgh the second day of January 1685 entituled Act ordaining that Tennents be oblidged by their Tackes to live regularly Quherin it is statute and ordained that all Masters whether heretors lyferenters propper wodsetters tutors tacks- men Donators of Wards or Lyferents shall in all tyme cum- ming insert in all Tacks to be sett be them to ther Tennents as weill in Burgh as Landwards ane expres claus wherby the Tenant shall obleidge himselfe that he, his family, cottars and servants shall live peaceably and regularly frie of all faniticall disorders, under the pain of the Tennent cottar or servant contraveining, ther loseing the halfe of their moveables respective each for ther own fault ; And wher ther is no written Tack that all the Tennents shall enact themselves in the Masters Court-Book or in the Towns Court Books within the Burgh, or give Bond to that effect, and in the tennor for- said which enrollment of Court is to be subscribed by the Tennent or if he cannot wrytt be the Clerk of the Court in his name And if the Master or any of the persons forsaid shall faill herein they shall pay ane years rent of the Lands sett otherwyse, — a third part therof to the Discoverer if he 102 THE MINUTES OF THE [1686 prove the same, and two parts to the Kings Majesty ; and all Masters and others forsaids who have Lands already sett in Tacke without the said clause, are otherwyse ordained to enroll the same and insert the said Clauses in them, betwixt Whitsunday 1686 or to take ane oblidgement apairt from the Tennent beiring these clauses otherways to remove summarily such Tennents as refuse to accept them on the said conditions notwithstanding of any former Tackes which in this caice are theirby declared voyd and null And in caice the Tennents will not immediately remove that the Master may committ them to prison And it is heirby statute and ordained that if any Tennent shall refuse to renew his Tack, enact himselfe or give Bonds in terms forsaid he shall be lyable to pay to his Master one years rent of the Lands sett to him And this but preju- dice or derogation to all former Acts of Parliament wherby Masters are obleidged for their tennents in the manner con- cerning them respectively As the said Act of Parliament of the daitt forsaid in itselfe more fully bears. Conforme to the which Act of Parliament and in obedience therto compeired the whole tennents 1 within the Barrony of Stitchill pertaining to the said Sir Robert Pringle and does hereby enact bind and obleidge them and ilk ane of them their airs and successors they they ther families, cottars and servants shall live peaceably Fanatical and regularly free of all faniticall disorders in tyme comming under the paine and penalties containd in the said Act of Par- liament maid theranent And that they and ilk ane of them shall fulfill and obey the said Act of Parliament in the wholl heads tenor and contents of the samyn in all poynts In witness wherof they have subscrybed thir pntts with ther hands as followes day, place and moneth and year of God above The whole written : — Alexander Lowrie, Robert Taylor, John Dickson, tenants. Robert Giffen, Waltour Hennry, Robert Smith, John Watson, Adam Hogart, James Haggart, Robert Giffan, Robert Lillie, Mark Ker, James Hamelton, Willi m Tomson, Adam Hender- son, John Donaldson. 1 These number sixteen in all. A small tenantry to be commemorated in Baron Court Minutes ! Some may not have come forward : others, perhaps, could not write. 1688] BARON COURT OF STITCHILL 103 The Barron Court of Stitchill halden at Stitchill Kirk be £OQ < 6 7) u 1688. October 2 the Right Honourable Sir Robert Pringle of Stitchill Knight Barronnett Heretable Proprietor of the Lands and Barronnie therof upon the 20 day of October 1688 yeares. Curia legittime affirmata. The qlk day anent ane Complaint given in be Mr. William Marriage and T ^ , , o • i »ii • x ta- 1 • Baptism dues. Keith schoolmaster at Stitchill against James Dicksone m Stitchill, James Steill ther, Robert Giffen ther, and John Dickson ther, mentioning that conforme to the ancient custome which in this said Barrony the haill inhabitants therof wer in use to pay to the preceiding schoolmaster of the said towne the Kirk Dewes for Baptismes and Marriadges within the said Barrony And therfore humbly cravit that the for- namid persons and ilk ane of them might be decerned to content and pay to him as pntt schoolmaster of the said towne ther respective proportions of the said Decreat for Kirk, for Baptismes, and marriadges adebted be them and ilk ane of them as the said Complaint beares Which being called the said Judge sittand in judgment decerned and ordained the fornamid persons and ilk ane of them to content and pay to the said Mr. William Keith schoolmaster the said Kirk Dewes for ther marriadges and Baptismes ilk ane of them for ther own parts conform to use and wont in manner following viz. — the said Ja Dickson for ane Baptisme the said James Steill Robert Giffan, and John Dickson ilk ane of them for ane marriadge to be payed betwixt and Tuesday nixt being the 23rd October instant ilk persone under the pain of fyve punds Scots and ordains the Barron Officer to put the samyn Penalty^. to execution. As also the said day the said Judge sittand in Judgment Compulsory anent ane complaint given in be the said schoolmaster 1 which the said Judge taking to his consideration inacts statutes and ordaines the haill tennents within the said Barronnv who has children capable to learn to send ther children to the publict schooll betwixt and Tuesday nixt under the pain of ten pounds Scots ilk failzie and that none of the said tennants or cottars 1 Here it is seen that in the parish of Stitchill during the 1 Killing Time ' there was a system of compulsory education already established. 104 THE MINUTES OF THE [1688 that have daughters shall send them to any sewing school Two full years' within the Barronny till they have been two full yeares reading £ jo . a at the said publict schooll under the pain forsaid of ten pounds for ilk failzie tot'ics quotics and ordaines the Officer to put the said Act to executione. Ita est Jacobus Pringle Xotarius Publicum cler. attestor. (68) 1 691, Feb. 28. Debt. Calumny. Peats 30s. Absolvitor. Eaten Oats. \ peck oats 5s. 1 Capful pease 3s- The Barron Court of Stitchill halden at Stitchill Kirk be the Right Honourable Sir Robert Pringle of Stitchill Knight Barronnett heretable Proprietor of the Lands and Barronnie therof upon the last day of February 1691 yeares. Curia legittime affirmata. The qlk day Margrat Turnbull in Stitchill is judicially decerned to make payment to William Lowrie indweller ther the soume of 16 pounds Scots money borrowid and receaved be the said defender from the Complainer ane year since or therby In respect the said defender being lawfully summoned ofttvmes called and not compeired was halden as confest. The qlk day John Robisone in Stitchill is unlawed and amerciatt in ten pund Scots monev for calumniating of Alexander Dicksone ther in his good name in saying he had sworne wrongouslie being in ane fencit Court ex confessione rei. The qlk day Walter Lowrie in Rinningburne is judicially decerned to make payment to Manic Ackae in Home the sowme of 50»h. Scots money as the pryce and worth of certain peitts bought and receaved be the said defender from the complainer in Summer last In respect the said defender compeired personally and confest the same. The qlk day John Hoggard Calsay End in Stitchill is assoilzied from 32sh. Scots money acclaimed be Walter Lowrie in Rinningburne for the pryce of certain oats alledged eatten and destroyed be the defenders bestiall in respect not persewid within a year and a day efter the alledged eatting therof. As also the said John Haggart is decerned to make payment to the said Walter Lowrie 20sh. Scots money as ane pairt of a carriadge of wayne to Eyemouth 6 yeires since with lOsh. as a pairt of the carriadge of a wayne to Coldstreame with 5sh. money as the pryce of half a peck of oats and 3sh. for ane capfull of peis borrowit and receaved be the defender from the BARON COURT OF STITCHILL 105 complainer within this fourtnight. Item Twenty shillings money forsaid for the carriadge of a load of lyme from Stitchill lime to Edinburgh within this Twelve moneth or therbv Item 4sh. 2 os. money forsaid as the fourth pairt of a carriadge of twa horse to Coldstream Item 50sh. money forsaid for twa Loades of corne leading ex confessione rev. Ane Head Barron Court halden at Stitchill Kirk Be the , (J?) 1691, Nov. 4. Right Honourable Sir Robert Pringle of Stitchill Knight Heretable Proprietor of the Lands and Barronnie therof upon the fourth day of November 1691 yeares. Curia legittime affiimata. The qlk day Walter Lowrie in Rinningburne is judicially Waulk mill, decerned to make payment to Andro Wood at Sisterpath Waulkmylne the soume of 50sh. Scots money in satisfaction of 31ibs. money forsaid acclaimed be the said Andro Wood from the said Walter Lowrie for halfe a yeirs fee wrought be £ year's fee the Complainer to the defender 4 years since or therby ex con- fessione rei, with 6sh. 8d. of expenses. The said day Margrat Turnbull in Stitchill is judicially ^year's |ee decerned to make payment to the said Andro Wood the soume of 31ib. 13sh. 4d. Scots money for half a years fee wrought be the said Complainer to the defender 4 years since In respect she being lawfully and ofFttymes called and not compearand is halden as confest 8sh. of expenses. The qlk day Ritchart Taylor in Queenscairne is judicially Cow £16. 10. decerned to make payment to Robert Sinclair in Home the soum of 161ib. lOsh. Scots money as the pryce of ane cow r bought and receaved be the said defender from the Complainer eleven yeirs since or therby wherof the said defender within this fourtnight promitted payment being lawfully and ofttvmes called and not compeired was halden as confest with 20sh. of expenses. The qlk day John Hoggart in Stitchill and Magdalen Claim. Hammiltone relict of the deceast James Hoggart ther are decerned to make payment to Adam Hoggart wright the soume of 50 merkes Scots money arreisted in ther hands belonging and adebted be them to David Hoggart in Xeutoun equally betwixt them ex confessione rei Superceiding Extract 106 THE MINUTES OF THE [1691 Deforcement Taking use of nag £$. £ year's fee Abstracting grain £5. Hummel corn. of the said Decreit of Furthcomming against the said Magdalen Hammilton for the equall halfe of the said 50 merkes till such tyme as ther be executors confirmed to the deceast James Hoggart her husband. The qlk day James Johnstoun herd in Queenscairne and Ritchart Taylor ther ilk ane of them are unlawed and amerciat in 51ibs. Scots money for ane Deforcement comitted be them upon the Bourlavv Officer when he was executing his Office in taking violently from him certain poynds legally poynded be him And ordaines them to make payment of the said fyne within term of Law They being lawfully summoned ofttymes called and not compeired war halden as confest. The qlk day James Taylzeor in Stitchell is unlawed in 51ibs. Scots money for spuilzeing and away takeing of ane Naig belonging to Robert Giffan ther off' the grounds and lands of Stitchill when the samyn was pasturing for the tyme. And ordaynes him to be pundet therfor ex confessione rei The said persewar and defender transacting before Court for the damnage sustayned in want of the said Naig during the said space of 5 dayes the defender still made use of the same in rydeing to severall places in the country with the same and for his expenses in seiking of the said Naig 3sh. The qlk day Walter Lowrie is decerned to content and pay to James Turnbull his servitor the soum of 41ib. 18sh. Scots money in contentation of 51ib. 16sh. money forsaid acclaimed for ane halfe years fie wrought be the Complainer to the defender two years since or therby In respect of the persewars oath being deferred therto be the defender with 12sh. of expenses. The qlk day Walter Lowry in Runningburne is decerned and unlawed in 51ib. Scots for abstracting of his grist and corn 1 from the Mill of Stitchill as also decerned to make payment to George Johnstoun miller of double multure for halfe a Boll of Hummel corn abstracted be him from the said Mill In respect the verity therof being referred to his oath he refused to depone. 1 This was the corn that a tenant was bound to have ground at the mill to which he was thirled. 1692] BARON COURT OF STITCHILL 107 John Robesone is decerned the said day for payment to the Double said George Johnstoun of double multure for 3 furlets 0 f multure - Hummel come abstracted be him and unlawed in 51ib. for his transgression In respect of his refusal to depone. John Mein is decerned to make payment to the said George Hummel corn. Johnstoun of double multure for 2 furlets of Hummel corne abstracted be him from the said Mill of Stitchill and unlawed in 51ibs. for his transgression all abstracted halfe a year since or therby In respect of his refusing to depone. The qlk day Robert Taylor in Queenscairne is decerned to Fee. make payment to George Hammilton in the Hill fyftie three shillings four pennyes Scots money as the remainder of a harvest fie wrought be the Complainers wife Marion Purves in harvest bygain a year Ofttymes called and not compeiring was halden as confest. Ane Barron Court halden at Stitchill Kirk be the Right (70) Honourable Sir John Pringle 1 of Stitchill Knight Barronnett l6g2, Sep " 5 ' heretable proprietor of the lands and Barronnie therof upon the 5th day of September 1692 years. Curia legittime affirrnata. The qlk day anent ane Complaint given in be John Under- Service of wood Procurator ffiscall of the said Court against the haill lah-d"^ l ° * e tenants and cottars within said Barronnie of Stitchill makand mention that wher they and ilk ane of them are obleidged to make dew and thankful service to the right honourable the Laird of Stitchill their Master conform to use and wont. And trew it is and of verity that the said inhabitants within the said Barronnie doe refuse to work the work of repairing of the Kirk of Stitchill conform to use and wont. And therfor Repair of the they and ilk ane of them ought and should not only be k,rk ' decerned to make payment of such soums of money propor- tionably amongst them as the Judge should think fitt to modifie. But also inacted in tyme coming to work for repair- ing of the said Kirk and all other necessary work to the Laird of Stitchill therin when required as the said Complaint beares. 1 Observe here the name of the new laird, Sir John Pringle. The last occasion on which Sir Robert presided at a Baron Court was on the 4th November 1691. 108 THE MINUTES OF THE [1692 Penalty £5. Which the said Judge taking to his consideration ratifyes and approves the former Acts made theranent and unlaws the haill persons transgressors who refused to work ilk person in 51ib. Scots money. As also ordayn the haill persons in tyme coming proportionally and to furnish and bring with them barrows, ridles and other necessaries for the said work as they shall be callid out and required ilk person under the pain of 51ib. toties quoties and this Act to stand in force in all tyme coming and to be put to dew and lawfull execution. The qlk day Archibald Dickson in Stitchill is decerned to make payment to George Hammiltone in the Hill the soum of l°.lib. 5sh. 8d. Scots money resting of 131ib. 6sh. 8d. for ane harvest fie wrought be the Complainer and Marion Purves his 64 Supper wyfe to the defender gain a year with 20sh. as the pryce of hemng 20s. threescor and four supper herring ex confessione rei. Act anent The qlk day John Hoggard and Magdalen Hammilton are Barron g Court! S ane of them unlawed in lOlibs. Scots money for summond- ing of Adam Hogart wright in Stitchill and insisting against him before the Commissary Court contrair to the Acts of Court ex confessione rei And ordavns that they and the rest of the inhabitants within this Barronnie insist in tyme comeing befor the Barron Court of Stitchill anent any action of neighbourhood under the pain of 5lib. Scots toties quoties and ratifies the former Acts made theranent. (71! Ane Head Barron Court halden at Stitchill Kirk be the 1692, Dec. 31. Right H onoura bie Sir John Pringle of Stitchill Knight Barronnett heretable proprietor of the lands and Barronnie therof upon the last day of December 1692 yeares. Curia legittime afprmata. Debt. The qlk day Mungo Archibald in Stitchill is decerned to make payment to John ffairbairn in Bowes the soume of lOlib. 18sh. Scots money Principall 13sh. 4d. of expenses of pley conteind in a Decreit obtained at the Complainers instance against the defender before the Baron Court of Eist Gordon upon the 3rd of August 1689 In respect the said defender compeired and alledged 41ib. Scots of the said soum payed qlk he referred to the perse wars oath who deponnid negative with 21 sh. of expenses. 1692] BARON COURT OF STITCH ILL 109 The qlk day William Alexander in Stitchill is decerned to pay to Nellie Edmistoun relict and executrix confirmed to the deceist William Dicksone in Ednim the soume of 221ibs. Scots 2 Bolls Bear money as the pryce and worth of two Bolls of beare bought ^ 22, and receaved be the said defender from the said deceast William Dicksone the Complainers husband about two yeires and a halfe since or therby wherof the said defender oft and dyvers tymes promitted payment In respect the said defender being lawfullie summoned ofttymes called and not compeirand was halden as confest 20sh. of expenses. The qlk day Mungo Archibald is decerned to make pay- Debt, ment to John Turten in Eist Gordoun the soume of 151ibs. 16sh. 8d. Scots money contained in a Decreit obtained at the Complainers instance against the said Mungo Archibald before the Court of Eist Gordoun upon the 3rd of August 1689 yeires In respect of the Decreit produced and the defenders own confession. The qlk day Mark Ker in Stitchill is decerned to pay to Debt. John Lamb in Newtoun the soume of 121ib. 4sh. Scots money as ane part of 131 ib. 6sh. restand of a greater soum adebted be the said defender to the Complainer as the pryce of certain beare bought and receaved be the said defender from the said Complainer 4 years since or therby and assoilzied for the rest ex confessione rei. The qlk day Ritchard Taylor in Queenscairne is decerned to Harvest fee pay to George Hamilton in the Hill the soum of six pounds -£ 6 6s - 6 shillings Scots money as ane Harvest fie wrought be the Complainer to the defender in harvest last with 24sh. money 2 4 s. uU Beare ' forsaid as the pryce and worth of ane full of beare of bountith ex confessione rei with 12sh. of expenses. The qlk day Walter Lowrie in Runningburne is decerned to pay to Robert Hamiltoune in Stitchill the soume of 22libs. Scots money for the causes following viz. 181ibs. money forsaid as the pryce of 9 fulles beare bought and receaved be the defender from the Complainer 2 yeirs since or therby and . . 9 Fulls Beare, 41ibs. money forsaid as the remainder of 4 fulles of peise bought £18. and receaved by the defender from James Lamb father-in-law to the Complainer and wherto the said Complainer has good and undoubted right ex confessione rei. 110 THE MINUTES OF THE [1692 The qlk day Margrat Turnbull is decerned to pay to Thomas Underwood wright the soume of 36sh. Scots money as the pryce and worth of ane stone of oats eatten and destroyed be the defenders bestiall two yeirs since or therbv which was apprysed be the ordinar apprysers within this Barronnie of Stitchill ex eonfessione rei. Ane Barron Court halden at Stitchill be the Right Honour- able Sir John Pringle of Stitchill Knight Barronnett heretable Proprietor of the Lands and Barronnie therof upon the fourteen day of January 1693. The qlk day the said Sir John Pringle sittand in judgment statutes and ordaynes the haill tennants and possessors of the lands of the Barronnie of Stitchill to manure ther lands and to keip the ordinar breaks with neighbour and others and to sow the quantitie and qualitie of the said corne as fourmerlie usit in all tyme coming and ryve out no pairts of ther said lands nor they were in use to doe in all tyme comeing under the pain of 401ib. Scots money to be payed be ilk person contra veines toties quoties And lykewyse no person to have the fourth cropt in the outfield or infield grounds 1 ilk person under the payne forsaid and ordaynes this pntt Act to stand in force in all tyme hereafter. The qlk day Walter Lowrie in Rinningburne is decerned to pay to Issobell Hoggart daughter to the deceast William Hoggart wester in Stitchill the sowme of lOlib. lOsh. Scots money for two harvest fies wrought be the Complainer to the defender 3 years since or therbv with 7sh. money forsaid for supper herring ex eonfessione rei. The qlk day Ritchard Taylor in Queenscairne is decerned to pay Ritchard Gotrae wright in Stitchill the sowme of 27sh. 6d. Scots money for certain particulars contand in an accompt produced, the defender being lawfullie cited ofttymes callid and not compeirand was halden as confest. The qlk day Robert Giffan in Stitchill and Walter Lowrie for his interest are decerned to make furthcumeand payment 1 This means that the ground was to lie fallow every fourth year, and to have no crop taken off it. 1 694] BARON COURT OF STITCHILL 111 and delyverance to William Moffat of the soume of lOlib. Scots money adebted be him to the said Walter Lowrie and arreisted in his hands at the instance of the said William Moffat ex confessione rei. As also the said day Robert Hamiltoun furthcumand pay- ment and delyverance to the said William Moffat of three half fulls of oats and a capful adebted be the said Robert to Archibald Dickson in Stitchill and arreisted into his hands upon the 4th of May instant or 36sh. Scots as the pryce and worth therof ex confessione rei. The qlk day Robert Hoggart in Stitchill is decerned and Housebreaking unlawed in ten pounds Scots money for breaking up of ^ Assault Andro Wilsons door under cloud and silence of night and assaulting and invading the said Andro threatening to kill him in his own hous In respect of the said Robert his own confessione. And the said Andro Wilson is unlawed and amerciat in Contumacy and ten pounds for his contumacie in not compeiring to hear and Calumny » ia see Decreit pronounced against him for scandelizing the said Robert Hogart in his good name and reputation by saying that he was ane knave and unhonest man and many other opprobrious words and expressions he being lawfullie sumond ofttymes called and not compeirand. The qlk day Patrick Millar is unlawed in ten pounds for Contumacy Contumacie he being lawfully summoned ofttymes callid and not compeirand to have heard witnesses led and adduced against him at the instance of the Procurator ffiscall for proving that the said Patrick threatened to fell the said Barbara Wilson spouse to Thomas Hendersone in Stitchill and to break her back and invading her house and avowing that he would burn the same and that he would burn her for ane witch. 1 Witch. And that the said day Margrat Black spouse to the said Riot ^5. Patrick Millar and the said Patrick Millar for his interest are onlaid in 5lib. for ane Ryott committed be the said Margrat Black upon Margrat Dicksone spouse to John Anderson in Stitchill 20 days since or therby and was ordayned to pay 1 An example of a vindictive accusation too common in that age, whereby many an innocent woman suffered martyrdom as a witch upon false accusation. 112 THE MINUTES OF THE [1694 Corporal the same betwixt and the nixt Court day under the payn of pums men . cor p ora u punishment 1 In respect the said Margrat Black com- peired and confest the rvott. Do. The said day the said Margrat Dickson and the said John Anderson her husband for his interest are inlaid in 5 pounds for ane Rvott comitted be the said Margrat Dickson upon the said Margrat Black and ordavned to pay the same betwixt and the nixt Court day under the payn of corporall punish- ment ex confessione rei. Harvest fee £5. The qlk day Ritchart Taylor in Queenscairn is decerned to pay to Alex. Hopper in Stitchill olib. Scots money for ane harvest fie wrought be him about -i years since or therby with 40sh. money forsaid restand of ane other harvest fie wrought be Full of bear the Complainer to the said defender fyve years since 28sh. as the Supper herrin^ pryce of ane full of beare of bountith 12sh. money forsaid for I2S - supper herring the defender being lawfully summond ofttvmes called and not compeirand was halden as confest. Bringing home The qlk Judge ordayns the haill tennents within the Bar- trees, rounnie of Stitchill to bring home betwixt and Saturday come eight days the Mill-axetries lying at Aikwood under the payn of °,01ibs. Scots and ordayns the officer to poynd and compryse for the same immediately after refusal or delay whenever they shall be required to doe the same be George Johnstoun miller. (74I The Barron Court of the Lands and Barronny of Stitchill 1694, No\ i,. pj a j c j en a j. Stitchill Kirk be the Right Honourable Sir John Pringle of Stitchill Knight Barronnett upon the 17th day of November 1694 y tares. Curia legit tii ne affirmata. Miller, his The qlk day the said Sir John Pringle sittand in judgment ta^Senrices, ratifies all former Acts maid in favor of the miller and anent etc - the multures and other dewties and services dew and payable at the said Mylne of Stitchill And statutes and ordaynes that all the tennents and other Residenters within the Barronnie of Stitchill shall grind their whole corns they shall make use off for ther families at the Mill of Stitchill Discharging 1 This is rather an unusual sentence in Stitchill, and intimated to a woman too : she may have been a hardened offender. So too with her opponent, who was threatened also. 1694] BARON COURT OF STITCHILL 113 heirby for the tyme to come any person within the said Barronnie to sell ther corne in Mercats and buy meall with the No corn to be pryce therof for the sustenance of ther families under any sold in market> pretence whatsoever With certification who shall contraveine said Act shall be lyable in . . . multure to the miller besyds the penulties containd in the former Acts and in which it shall be thought fitt they should be amerciat in by the judge. And sicklyke statutes and ordayncs the miller to keip good Good mill- and sufficient Mill-stones and all other materials requisit in all genTce^ tym comeing and lykewise ordaynes the miller to continew such measures as hes been used and wont formerly and ordaynes his servants and under millers to waitt punctually at the mill and give all dew and thankfull service under the said penalty and others as shall be thought fitt by the Judge. 1 The qlk day the said Judge ratifies and renews all former Acts anent Acts maid in Stitchill anent the planting of tries and lykewise Planting trees - statutes and ordaynes that every tennent plant six tries yearly Tenants 6 at ten foott distance till his whole yaird be filled and every J r ^^ ott ^ vs cottar thrie tries yeirly at the said distance till the whole yaird be filled. Beginning the first years Plantatione at the same term of Mertimes 1694 yeires And ordayns that the saids tries for this year be planted betwixt the daitt of this Act and the 1st day of January nixt to come under the payne penalty of 51ibs. Scots for ilk failzie The one half of it to be applved to the use of the poor And appoynts Alexander Lowry and Thomas Underwood to make intimation of this to the Kirk Kirk Session. Sessione Giving power to William Lowry Officer to poynd immediately for the said penalty when he shall be desyred to do the same be the Session And appoynts vesitors to put the said Act into executione viz. William Lowrie, Thomas Under- wood, Jon. Donaldsone, and ordayns all the tennants and cottars forsaid to keip ther yairds under sure fence against all beasts for preventing of skaith either to themselves or ther 1 This Minute and its predecessor appear to indicate one of the periodical outbreaks of the tenantry against the miller as the representative of the vexatious thirlage. Mutual complaints had been raised ; hence the judgments of the baron as to the inhabitants bringing home the mill-axletree from the Oakwood when called upon to do so by the miller ; also the commands laid upon him and his servants anent proper service, etc. H 114 THE MINUTES OF THE [1694 neighbours Under certification forsaid And for incourad£inent of the said tennants and cottars to put this Act into execu- tione a grant is heirbv maid to them of everie sixt trie so planted to be made use of at ther pleasure and cutt at the K nd5ofTre?s. sight of the proprietor or any of his appoyntment The kynds and species of tries are declared to be as follows Esh, Elm, Allar, and Saugh according to the different nature of the ground wher they are to be sett. And renews all former Com to the Acts maid anent the bringing of good and sufficient drv come to the mvller of Stitchill under such penulties containd in the former Acts maid theranent. Certifying lykewyse that if the corn rejected be the miller be found to be good and sufficient he shall be obleidged to grind the samyn corn multure free. The qlk dav Andro Murdv servitor to George Johnstoune miller at Stitchill Mylne or any uther servants at the said mill ar ordayned in all tyme cumeing to give thankfull service Thirled. Haif a- to the Tennant and uthers thirled to the said mill under the crown penalty. pena j tv of halfe a mjm 1 f or flfc failz j e the Qne halfe to be applved to the use of the Complainer. Debt. The qlk day Robert Hoggart in Stitchill is decerned to pay to Jannett Puntan ther the soume of 50sh. Scots money in contentation of 4libs. money forsaid acclaimed be the said persewar from the said defendar which was borrowid and receaved be them fra the deceist Elspeth Johnston sister-in- law to the Complainer. To which soume the said Complainer obtained ane precept from William Johnstoun in Blakader who had good and undoubted right therto upon the defender ordering him to pay the samyn to the Complainer. The said defender eompeiring and acknowledged the forsaid soume to be restand awand but cravid compensation for his alledged keeping and intertaining the said defunct at his house for the space of twenty davs Which the said Judge sustayned In respect of his oath being referred therto by the persewer and modifved ex consensu half a crown for the same to be deduced off the said foure punds acclaimed. 1 This fa the first indication of the supersession of the ancient Scots money by the English money sterling. 1695] BARON COURT OF STITCHILL 115 The qlk day the haill tennants and cottars compeired and took Instruments of ther said compeirance being lawfully summoned and called at this heid Court. As also the wholl Tennents and cottars wer onlaid and Green Lint in amerciat ilk ane of them in 40sh. Scots money for contravein- Lochs - etc - ing the Acts of Parliament made anent Laying in of Green Lint in Lochs and Burns and Running Waters ex confessione ret. The Courts of the Lands and Barronny of Stitchill halden ( 75 j at Stitchill Kirk be the Right Honourable Sir John Pringle of Stitchill Barronnett heretable proprietor of the Lands and Barronny of Stitchill and pertinents upon the 4th day of May 1695 yeares. The which day the said Sir John Pringle sittand in judg- pulling wool ment upon ane Complaint given in be severall of the Tennants off Shee P- within the said Barronny bearing that herds and others does to ther great prejudice pull the woull of the sheep pasturing upon the saids Lands of Stitchill which the Judge taking to his consideratioun Dischairges herds and all uthers within the said Barronny to pull the woull of the sheep pasturing upon the grounds and Lands of Stitchill in tyme comeing under the severall penalties both of ther persons and goods. With respect certificatione that parents and masters of families shall be lyable the parents for ther children within ther own doors and the Masters for such herds and servants as have no waidges. And sicklyke Inacts statutes and ordaynes all these that Casting divots, cast divots upon the said grounds and Lands of Stitchill or upon any pairt within the Barronny therof to lead them away with the first convenience certifying that if they be suffered to lye so long as shall indammage the ground in which they are casten or occasion the casting of new divots In that caice the casters shall be lyable to the master of the ground in the full value of the divotts and ordayns the Burlaeman to look diligently to see the said Act put to deu executione with certification, etc. The qlk day Thomas Underwood, John Brunton, and Patrick Miller are adjoyned to the present Burlaemen who gave their oaths defideli admbiistratione officiorum. 116 THE MINUTES OF THE [1695 Absolvitor. Claim. Chest. The which day James Turnbull in Stitchill is assoilzied from seven sheaves of peas strae acclaimed from him be Patrick Millar alledged furnished be the Complainer to the defenders sheip the tym of the storm in winter last In respect of the defenders oath being referred thereto by the Persewar. The which day Ritchard Gotrae wright in Stitchill is judicially decerned to make payment to James Matthew ther the sowme 32sh. 6d. Scots money for certain cowan work 1 wrought be the Complainer to the defender in harvest last In respect the Persewar and defender both compeired personally and the defender alledged that the Persewar promised to accept of four bed stoups in contentatioun of the soume lybelled which he referred to his oath who deponnid negative. The which day Mart Hamilton spouse to Robert Dickson in Stitchill and the said Robert for his interest are judicially decerned to pay to Adam Hoggart wright ther 44sh. Scots money as the remaynder of the pryce of ane meikle Cheist bought and receaved be the said defender Hamilton from the Complainer 10 years since In respect the defender being law- fullie summoned ofttymes callid and not compeirand was halden as confest. (76) [695, Nov. 23. Lint in Stream ! Worker for Churchyard. Ane uther Head Court of the Lands and Barronny of Stitchill halden within the kirk therof be the Right Honour- able Sir John Pringle of Stitchill Baronett upon the 23 day of November 1695. Curia legittime affirmata. The qlk day compeired the wholl Tennants and cottars within the said Barronny and took Instruments of their com- peirance. And also the forsaid day the wholl Tennants and Cottars wer unlaid and amerciat conform to the Act of Parliament each one of them for contraveining the Act of Parliament in laying in of their Green Lint in Lochs, Burns and other Running waters ex confessione rei. The which day the haill Tennants and cottars within the 1 This seems to mean pruning or lopping off branches. It might also refer to the building of dry-stone dykes. 1695] BARON COURT OF STITCHILL 117 said Barronny are ordayned to furnish a sufficient worker day about for carving out the Rubbish lving in the Churchvaird when they shall be required to doe the same. And lykewyse he ordaynesand requires all the said Tennants Vicarage and Cottars when they pay ther Rents at Mertimes to bring Teinds in with them the respective Vicaradges 1 of ther Lands and Coattvairds. This is ordavned to be extendit to the Castle Wairck And in like manner ordaynes the visiters appoynted in the planting. Act anent Planting maid in November 1694 to take Inspection how the same hes been observed and to report the nixt Court day And ordaynes the same to be observid yearly In tym cumeing till it have the designed effect. The qlk day John Wilsone and James Robison are both inlaid and amer- ciat each of them in olibs. Scots monev for iniust setting of £ h?a ]! n s at . . Tending. their Stoucks 2 of a design to prejudice the teynding in Harvest last contraire to all Law and equitv and reason and Acts of this Court In respect being lawfully summond for that effect. The Court of the Lands and Barronny of Stitchill Halden ^^Dec. si. within the Kirk therof be the Right Honourable Sir John Pringle of Stitchill Barronnett heretable Proprietor of the Lands and Barronnie therof upon the 21 dav of December 1695. Curia Icglttime affinnata. The qlk dav the said Sir John Pringle sittand in iudgment Meal to be & . ground at dischairges all residenters tennents as weill as coatters within Stitchill Mill, the Barronny to vend anv meall of one sort or other within the said Barronnie but what they shall grind at the Mill themselves or buy from other residenters within the Barronnie. Item it is statute and ordayned that no execution o^mm^ott^bc arreistment and poynding to be maid for anv grain lying at wrested 1 This means the vicarage teinds payable from the produce of the lands and cot-yards. 2 These two men had so artfully arranged their stooks of corn that every tenth stook would contain the thinnest and poorest corn, to the prejudice of the laird or the minister when drawing their teinds. US THE MINUTES OF THE the Milln or against the millers for that effect but that the same be personallie execute against those to whom the saids grain pertains or at ther dwelling hous within the Barronny of Stitchill for all tyme therafter. The which day James 10 Ells of Hogg weiver in Stitchill is iudiciallv decerned to make pav- Cloth as varn eo J ' r * £ s . ment to Elspeth ffairbairn spouse to John Robison In- dweller ther and the said John for his interest the soumes of money following for the Causes efter specified viz. — the soume of olib. Scots money as the pryce of Ten elles of cloath which was delyvered be the Complainer to the defender in woollen yairne to be woven be him two years since or therby and never redelivered Item the soume of 8Kb. 8sh. money forsaid as the pryce and worth of ane parcell of scoured and reilled vairnes delyvered be the Complainer to the defender U vara °£8 j£ ane } ear s * nce wn i cn was sa ^ to be 14 elles of good and sufficient cloath which cloath the defender refused to weave and most wrongouslv detavnes the same from the Complainer to her great prejudice The same being in hazard of rotting In respect the said Defender being lawfully summoned to have compeired this dav and place as was sufficiently verified be the Officer at the Barr ofttymes called and not compeirand was halden as confest Allowing to the Defender Liberty to redress himself if he can instruct the Persewer has chairged him with ane unreasonable value of the yairne. Xa ? . The which day Hector Turnbull in Stitchill is judicially decerned to make payment to Alexander Hislop wright ther the soume of 10 pounds 8sh. Scots money as the remainder of the prvce of a Naig bought and receaved be the said defender from the said Complainer at Lambes last In respect of the defenders confession. Contumacy £$. The which day William Andersone weiver is unlaid and amerciat in olibs. Scots money being contumacious in refusing to depone as witness in ane Action persewed at the instance of Waulk Mill. Mungo Archibald in Stitchill against James Watson waulker at Stitchill Waulk Milne ther being no lawfull objection against him. ( 7 8) Ane uther Court of the Lands and Barronny of Stitchill 1696, May 9. ^01^ within the Kirk therof be the Right Honourable Sir 1696] BARON COURT OF STITCHILL 119 John Pringle of Stitchill Knight Barronnett Heretable Pro- prietor of the Lands and Barronny of Stitchill, Queenscairne and Pertinents upon the 9th day of May 1696 yeares. Curia legittime qffirmata. The which day the said Sir John Pringle sittand in judg- Reparation of ment enacts statutes and ordaynes all such persons as gets money put into ther hands for making sufficient such houses as they enter to at the nixt term of Whitsunday 1696 yeares to bestow the money wholly upon the said houses betwixt and the Term of Mertimes next to come as they will be answerable at the sight of competent judges and workmen for that effect under the payne of 51ib. Scots money each person contraveiner of this pntt. Act by and attour the soumes requisit for making the house sufficient and for the more effectual putting of this in execution Appoynts William Lawrie with any two of the Bourlaemen he shall pitch on to be joyned with Thomas Under- wood, Thomas Watts and Adam Richison workmen to take in- spection of the saids houses and report ther diligence herein at the Head Court at Mertimes next And for that end ordayns ane Extract to be given therin containing a List of the houses and possessions comprehendit under the present Act. The which day Robert Hoggart eister in Stitchill is Debt, judicially decerned to content and pay to Thomas Underwood wright ther the sowme of lOlib. lOsh. Scots money restand of 161ibs. lOsh. money forsaid borrowed and receaved be the defender from the Complainer 2 years or therby ex confessione rei. 14sh. expenses. The which day Elspeth Fairbairn spouse to John Robison Winter fee, maltman in Stitchill and the said John for his interest ar £eii linen 0 *6s* judicially decerned to make payment to Alison Alexander ^ or^pair servitrix to Patrick Miller in Maynrigg the soum of 61ib. hose, or 1 en- Scots money for halfe a years fee wrought be the Complainer plaiden " to the defender from Mertimes 1694 to Whitsunday 1695 last by past with lOsh. money forsaid as the pryce of an ell of Linnen : 6sh. money forsaid as the pryce of ane ell of harden with 8sh. as the pryce of a pair of hoze or an ell of plaiden In respect the said defender compeired personallie and confest the same lOsh. expenses. The which day the said Judge sittand in judgment anent 120 THE MINUTES OF THE [1696 Cutting Whins, ane Complaint given in be Alexander Lowry in Queenscairne and the rest of the Tennents ther with the concurrence of the Procurator ffiscall of the said Court against the haill inhabi- tants of the Barronnv of Stitchill makand mention That quher contrair to the Acts and Statutes of this Court ther are severall inhabitants within the Barronnv of Stitchill in use to cutt whins upon the Complainers possession without either license or allowance to ther great prejudice and therfor humbly craved that they might not only be discharged to doe the lyke in tym comeing but also unlaid therfor As the said Com- plaint bears Which the Judge taking to his consideration dis- charges all residenters in the Nethertown of Stitchill and uthers to cutt any whins in tym comeing upon the Com- plainers ground except these who hes a particular allowance for that effect under the penaltv of twenty shillings Scots money toties quoties the halfe of the said penalty to be allowed to the apprehenders of the said persons Understanding heirby that non of the saids residenters ar hindered to cutt whins within their own possessions The said penalty to be decerned for at the Burlae Court at any tym at the instance of the said Complainer and execution to pass immediately upon the Sentence of the Burlae Court for that effect The other halfe of the penaltv to be disposed upon the Bourlae Men as they shall think convenient. (79) Ane Head Barron Court halden at Stitchill Kirke be the 1696, Dec. 5. Right Honourable Sir John Pringle of Stitchill Knight Barronnett upon the 5 day of December 1696 years. Curia kgittimc affirmata. The which dav the wholl tennants and cottars compeired personally and took Instruments upon their compeirance. Green Lint. The which day the saids Tennents and cottars within the Barronnie of Stitchill are unlaid and amerciat conform to the Acts of Parliament for contraveining the Acts of Parliament in laving in and steiping of Green Lint in Lochs, Burnes, and other Running Waters as also the haill weivers in keiping of Weights and insufficient weights and measures not tryed with the Standard jugg of the heid Brugh of the Shire In respect of ther own confessiones. 1696] BARON COURT OF STITCHILL 121 The which day John Robeson maltman in Stitchill and Debt. Elspeth ffairbairn his spous are judicially decerned to content and pay to Margrat Scott relict of the deceist William Lowrie in Stitchill as executors and other ways haveing right from her said deceist husband the soume of Ane hundred and twelve pounds Scots money as the remainder of the pryce of Twenty ane Bolls Beare bought and receaved be the said defender from the Complainers deceist husband twa yeires since or therby conform to ane fitted Accompt between the Complainer and the Defender upon the 21 of October last. In respect the said defender compeired personallie and confest the forsaid sowm to be truly restand and the said persewar pro- duced the said fitted accompt for instructing therof. The which day John Richison son to Adam Richardson in Teinding. Stitchill is unlaid and amerciat in lOlib. Scots money for leading and away takeing of certain corns in tym of Teynding and not attending upon the Teynding but leading his own cornes con- trair to the Acts of Court and to the great hindrance and pre- judice of the teynding In respect the said Lybell was sufficiently instructed. The qlk day Robert Waitt mason in Stitchill is judicially Debt, decerned to make payment to Elspeth ffairbairn in Stitchill and John Robeson her husband for his interest the sowme of 4lib. 17sh. Scots money compted betwixt the Complainer and defender upon the 4 day of December instant ex confessione rei. The which day George Aitchison merchand in Stitchill Claim is judicially decerned to make payment to George Hamiltoun in the Hill the sowm of 161ib. 7sh. Scots money restand of a greater sume which was deu by James Steinsone merchand in Kelso to the Complainer and for which the said defender became debtor and undertook to pay to the Complainer halfe a yeirs since or therby with 12sh. money forsaid as the pryce of ane Ennle sheitt 1 which the defender promised to get up to 1 Enel-sheet ; literally an end-day sheet, a winding-sheet. 1 Forbye a dainty enel-sheet, Twa cods, whilk on the b ouster meet, An' slips anew to mak' complete A beddin' o' the kin' O.'— Wat. Watson. The enel-sheet was a double sheet of fine linen which thrifty females selected 122 THE MINUTES OF THE [1696 the Complainer from the said James Stevison and as yet never performed ex confessione rex. (80) 1696, Dec. Compulsory Kducation. Chapman. 1 year's Fee ^'5. 10. etc. Ane uther Court of the Lands and Barronnie of Stitchill halden at the Kirk therof be the Right Honourable Sir John Pringle of Stitchill Knight Barronnett heretable proprietor of the Lands and Barrounie therof upon the 12 day of the said moneth of December 1696 yeares. Curia legittime affirmata. The which day the said Sir John Pringle statutes and ordaynes and requires all persons and residenters within the said Barronnie of Stitchill as are in a capacity That they putt their children to the public Schooll within the said Barronnie under the payne of Ten pounds Scots money each person con- travening of this Act for ilk failzie toties quoties efter they shall be required to doe the same allowing them from the daitt heirof full six dayes that non may pretend ignorance and ordayns summar executioun to pas against the offenders and transgressors by poynding or otherways without necessity of taking Decreits thereupon And ratifyes all former Acts made anent the school. The which day George Hammiltoune is judicially absolved and assoilzied from ane Lybell and claim persewed at the instance of George Aitchison chapman ther mentioning that wher the said defender in June last obleidged him to have procured from James Stevisone merchand in Kelso an Bond for the soume of 241ibs. Scots money In favor of the Complainer wherof the defender postpones and deferres to doe the same. And the said defender compeired personally denycd the claim which was be the said persewar referred to his oath who depounid negative. In respect wherof the Judge assoilzied in manner forsaid. The which day Mungo Archibald in Stitchill is judicially decerned to pay to William Crawfoord in Stitchill the soume and carefully preserved in fold ready to be used as a covering for their dead body before it was put in the coffin. It was a special requisite of a bride's outfit, and decked her bed on the marriage night, after which it was carefully laid past to be used again only as her last earthly covering. — Supp. Jci7niesoris Scot. Diet., Donaldson. 1696] BARON COURT OF STITCHILL 123 of 51ib. lOsh. Scots money as ane years fee wrought be Margaret Crawford the Complainers daughter fra Whitsunday 1695 to Whitsunday 1696 with six quarters of Linning or 8sh. Scots as the modifyed pryce of the ell therof of bountith Reserving actioun for ane ell of harden if they can instruct the same ex confessione rei. The said persewar as having right from his daughter being instructed. The which day Adam Haggart wright in Stitchill and Abstracted James Steill taylzeour there are judicially unlaid and amerciat Multures <£ 10, each of them Ten pounds Scots money for abstracted Multures since Mertimes last as also reserving action to the miller against the defenders for multure and uther casualties dew to him to be persewed at the millers pleasure and lykewyse reservand to the defender all action for any just complaint they may have against the millers ex confessione rei. The which day John Smith at Stitchill Parkend Margrat Debt. Scott relict of the deceist William Lawrie baillie in Stitchill James Lamb elder ther and John Donaldson ther are judicially decerned to make payment to Robert Gottrae indweller ther the soume of 321ibs. Scots money advanced be the Complainer to the defenders for outreicking of ane souldier 1 for the paroch Furnishing a of Stitchill preceiding Whitsunday last ilk ane of them for ther own pairts with the interest of the said Principall Soume from the daitt of this Decreit In respect the defender Scott compeired personally and confest and the rest of the defenders being lawfully summoned ofttymes callid and not compeirand wer halden as confest. The which day Robert Liggaitt herd in Stitchill is judicially A Full of peas decerned to make payment to Adam Hoggart wright ther the IO ' soume of ane pound lOsh. Scots money of Principall as the pryce modified of ane full of peis eatten and destroyed be the defenders bestiall wherto he was herd by his neglect with 21sh. money forsaid as the modified pryce and worth of 3 stoucks of 1^°°!^ of strae also eatten and destroyed be the defenders bestiall in 1 This is now the reign of King William III. Those five persons had borrowed money from Robert Gottrae in order to pay their costs towards furnishing a soldier for Stitchell parish, which they were now ordered to pay, along with interest due. 1*4 THE MINUTES OF THE [1696 harvest last In respect the said persewer compel red personallie and produced ane nott of . . . be Jon Donaldson and James Lamb and the said defenders own confessione. 1697. Januarys Ane uther Barron Court halden at Stitchill Kirk be the ' Right Honourable Sir John Pringle of Stitchill Barronnett upon the 14 day of January 1697 yeares. Curia fcg-ittirrw affirmata. Act in favour of The which day the said Sir John Pringle sittand in Judg- £xo penalty. ment anent ane complaint given in be James Watson waulker at Stitchill Waulk Mvlne which the Judge takeing to his consideratioun dischairges all persons within the Barronnie of Stitchill either men or women masters servants or children to agent for other waulkers in the country by doing ther indeavours for procuring work to them within the Barronnie of Stitchill in any manner of way directlie or indirectlie under the pain of lOlib. Scots money each person toties quot'ies who shall contraveine this Act. 1 The qlk day the said Judge sittand in judgment anent the Lvbells persewed at the instance of Ritchard Gottrae and George Aitchison both indwellers in Stitchill kmc hide against others mentioning that wher they and ilk ane of them in ane inhumane and unchristian manner upon Sabbath was eight days being the sixth of January instant beatt and stryck each of them others in severall pairts of ther body to the effusion of ther bloods in great quantitie and particularly the said Ritchard Gottrae by blooding the Complainer Aitchison in his face bv giving him blowes therupon with his hands and tether and rvvincr of his hair as the Lvbell bears. Which being callid and the saids George Aitchison and Ritchard Gottrae both compeiring personallie The said Ritchard Gottrae confest he beatt the said George Aitchison and gripped him be the hair of his head and tare the same And the said George Aitchison confest that he beatt Gottrae and laid violent hands upon him as also confest that he said if Gottrae did not quitt Riot and Sabbath pro- fanation and blood wyt £50. 1 The effect of this Act by the baron was to thirl the inhabitants of the Barony to the waulk-nrill just as they were also thirled to the corn- mill. 1697] BARON COURT OF STITCHILL 125 with the tether he wold cutt it through with his knyfe and denyed the other expressions lybelled. Which Lybells and confessions of the fornamid pairties the Judge takeing to his consideratioun and finding be their own acknowledgements and confessions concurring with other unquestionable evidences and presumptions that they are guilty each of them of a Ryott and profanation of the Sabbath day blood and bloodwytt Therfor unlaes and amerciats thesaids persons each of them in ffvfty pounds Scots money And remits to the Burlaemen to consider whether or not George Aitchisons horse was upon the uthers skaith And in that caice whether or nott Ritchard Gottrae could lawfullie take ane tether for a poynd and to determine according as they shall see causes in other points of neighbourhead By ordayning reparation of damnage fyning or any other manner of way they shall find fitt. The qlk day the Judge ordayns both pairties to witt George £^ t ^ rks Aitchison and Ritchard Gotrae to enact themselves to keip the publict peace under the payn of 100 merks that they abstain from anything that may be prejudiciall to others in ther bodies goods and possessions And that they shall not threatten others with injurious words and expressions under the said penalty of 100 merks the halfe to be applyed to the use of the pairty damnified and ordayns the officer to see this Act put into execution and ane Act to be extended therupon in ample form and both pairties to subscrybe the said Act. The which day Robert Hammiltoune, John Watson, Adam New Buriae- Hoggart wright, James Service, Thomas Simm younger, John Younger and George Wilsone are added to the number of the Burlaemen formerly mentioned who gave their oath de fideli administ ratio ne officioruni and appoynts fyve to be a quorum of which Alexander Lowrv always to make ane. Robert Hammiltoune, John Watsone, Adam Hoggart, James Service, John Younger, Thomas Simm declairs he cannot writt. The which day Thomas Underwood wright in Stitchill is *Jj*jj P er judiciall} 7 decerned to content and pay to William Maisone in Neuton Mylne the soume of 181ib. Scots money as the remainder of the pryce of ane Boll and a halfe of Malte bought and receaved be the defender from the Complainer at Lambes last at 161ib. the Boll ex confessione rei. 126 THE MINUTES OF THE [1697 Ita est Gulielmus Pringle, Notarius Publicus acpraedict. curiae clericus testam. his me'is signo et subscription manualibus. (82) [697, January 23. Claim. Deforcing a Sheriff Officer. Recovering a Cow. Assault. Ane uther Barron Court holden at Stitchill Kirk be the Right Honourable Sir John Pringle of Stitchill Knight Barronnett heretable proprietor of the Lands and Barronnie therof upon the 23 January 1697 yeares. The which day Adam Hoggard in Stitchill is judicially decerned to make payment to John Scougall servitor to Jon Brunton smith ther the soume of 181ibs. Scots money borrowed and receaved be the said Defender from the said Complainer twa yeires since or ther by In respect the said defender being lawfullie summoned ofttymes called and not compeirand was halden as confest wherfor the Judge decerned in manner for- said expenses 20sh. The which day the said Sir John Pringle sittand in judg- ment anent the Lybell persewed at the instance of George Taylzeour gardiner att Berwick and George Patterson Com- missary Officer in Kelso with concurrence of the Procurator ffiscall against Agnes Lamb spous to Thomas Underwood wright in Stitchill and the said Thomas for his interest and Marion Hogart and Joan Hill indweller ther Makand mention that wher upon the 22nd day of January instant the said Complainer with the said George Patterson Officer be virtue of ane Decreit obtained before the Commissar of Peibles against the said Thomas Underwood of the daitt the . . . day of j m vi c and nynty . . . yeares was offering to poynd the said Thomas Underwood his goods and gears and that for payment making to the said Complainer of the soumes of money both Principall and expenses therin contained and trew it is that the saids defenders and ilk ane of them did most masterfully deforce spuillzie and away take from the said George Patterson officer ane cow which was in his possessione and had poyndit the same and contrair to all Law and in high and in manifest con- tempt of all authoritie did most masterfully bereave the said cow from the Complainer. As also the said defender Agnes Lamb most furiously did gripp and ry ve the said George Patter- son his hair out of his head and threatened to ryve the heart i6gy] BARON COURT OF STITCHILL 127 from the said Complainer rather then he had gotten a beast out of doors. And therfor cravid that the saids defenders and ilk ane of them might be unlaid and amerciat conforme to the Acts of Parliament and . . lastly punished in ther bodies and goods to the terror of others to committ the like. Which being callid and the said persewers and defenders both compeirand person- allie the judge having taken to consideration the forsaid lyble with ane uther Lyble persewed at the instance of the said Agnes Lamb against the said George Taylzeor by beatting her throwing her to the ground and tramping upon her And having examined severall witnesses on both sydes for proving therof the cryme contained in the saids Lybles ffinds only proven by the saids Depositions that there was a Strangling betwixt the said George Taylzeour and Agnes Lamb with which she fell to the ground And finds sufficiently proven and instructed by the saids Depositions that the said Agnes Lamb did imped the officer in doing of his diligence and stop him from dryving his poynd. Upon all the Judge efter mature deliberatioun assoilzies and absolves the said George Taylzeour from the Ryott lybelled against him In respect the said Agnes Lamb did violently attempt the deforceing of the Officer and that it may be justlye and lawfullie constructed the other did not lay maliciouslie violent hands on her but that his strangling with her and throwing of her as is proven was only with intent to imped her in her said designe of the deforceing the Officer. The Judge takeing to consideratioun the latter pairt of the lyble finds not proven and therfor assoilzies the defender Lamb therfor. The Judge upon the haill premises interprets the tumultuous Deforcing, meiting of the rest of the women contanid in the Lyble to and ^ IO> have ... a design to deforce the Officer and amerciat each of them in lOsh. Scots as lyking . . . the said Agnes Lamb whose attempt upon that accompt was sufficiently instructed from her own confession and deposition of the witnesses in lOlibs Scots. Ane uther Court of the Lands and Barronny of Stitchill (83) holden at the Kirk therof be the Right Honourable Sir John l697, May Pringle of Stitchill Knight Barronnett Heretable Proprietor 128 THE MINUTES OF THE of the Lands and Barronny therof upon the 1st day of May 1697 years. Curia legittime affinnata. The which day Petter Purvess in Stitchill and Margaret Marshall his spouse and Jean Purvess his daughter ar judicially Rent of cot 30s. decerned to make payment to Thomas Linnen ther the soums eack^Spinning °f mone V following, viz, — The soum of 30sh. Scots money as i6d. per day. the ren t G f ane Coat house thrie Kayn Hens or fyve shillings as the prvce of each of them with 16d. money forsaid for each day of 5 days spynning. Debt;. The which day Adam and Andro Haggarts in Stitchill are judicially decerned to make payment to John Younger miller at Stitchill Miln the soums of money following ilk ane for ther own pairts as is efter divydit To witt the said Adam Haggart the soume of 141ib. 6sh. Scots money pairtly of borrowed money and pairtly as the prvce of certain meall bought and receaved halfe a year since or therby The said Andro Haggart 22libs. lOsh. pairtly as the remainder of the prvce of certain sheip and pairtly for oats and oatmeall bought and receaved be the said defender from the Complainer within this two years or therby cx confessione rei. The which day Adam Haggart in Stitchill is judicially decerned to make payment to Andro Giff'en ther the soums of monev following for the causes efter specified viz, — 11 lib. Yule. lOsh. Scots money of borrowed money at Yeuill last with severall other articles of theLyble extending to 231ib. 7sh. 6d. Scots money efter compts betwixt them was adjusted being referred to thrie honest men to hear the saids pairties compts and reckon who gave in their reports in manner forsaid. Mare ,£22. The which day Ritchard Gotrae in Stitchill is judicially decerned to accept and receave from Thomas Yeanian coupper ther ane Meir sold to the defender be the Persewer upon Wednesday last and to pay to the Complainer 221ibs. money forsaid as the agreyed worth and pryce therof upon receipt of the said Meare. Debt. The which day Robert Hoggart in Stitchill is judicially decerned to make payment to George Hammilton ther the soum of 121ib. 9sh. Scots money as the agreyed prvce and worth of certain oatts bought and receaved be the defender 1 697] BARON COURT OF STITCHILL 129 from the Complainer ane year since or therby ex confessione rei. The qlk day Andro Marshall in Stitchill is judicially Riot ^ic decerned to make payment to the Procurator ffiscall the soume of lOlibs. Scots money as ane fyne and amerciament imposed upon him for ane Ryott committed be him upon Jon Russell servitor to William Maison in Neuton Lees upon Monday wes eight days ex confessione rei. The which dav Adam Hammiltoun weiver in Stitchill and * peck meal 30s. William Taylor there are decerned and ordained to content and pay to Adam Richardson ther the soumes of money following ilk ane of them for his own pairts as is efter divydit. To witt the said Adam Hammiltoun the soum of 30sh. Scots money as the pryce and worth of ane peik of oatmeall bought and receaved be the said defender from the Complainer halfe a yeir since or therby the said William Taylor 40sh. Scots money forsaid borrowed and receaved be him from the Com- plainer at Trinity Monday last. In respect the saids defenders being lawfullie summoned ofttymes callid and not compeirand was halden as confest. The which day David Brown sklaitter in Stitchill is judici- Wool £8 per ally decerned to make payment to John Sinclair in Haryheuch stone ' the soume of foure pounds Scots money as the pryce and worth of halfe ane stain of wooll bought and receaved be the defender from the Complainer with ane cheise, two years since or therby In respect the said defender compeired and confest the said soum to be justlie resting. Ita est Gulielmus Pringle, Notarius Publkus ac praedict. Curiae clericus. Ane Head Barron Court holden at Stitchill Kirk be the (84 ) Right Honourable Sir John Pringle of Stitchill Barronnett l6 97. Nov. 13. Heretable Proprietor of the Lands and Barronny thereof upon the 13 day of November 1697 years. Curia legittime qffirmata. The which day John Donaldson in Stitchill is judicially 1 peck beans decerned to make payment to Joan Trotter relict of the f* s 1 J| ^pSs deceist John Burn in Ednim the soums of money efter speci- lint ^^ 2 J^ ts fled for the causes following To witt threttein shilling Scots 4° ai p an s 130 THE MINUTES OF THE [1697 money as the pryce of half a peck of beans item twentyfoure shillings money forsaid as the pryce of ane peck of peis item twentysix shillings money forsaid as the pryce of thrie capfuls and a half of lint-seid, item four shilling money forsaid as the pryce of half ane hunder bou kaill plants all sawen be the Complainer upon the defenders yaird which with ane hous was sett be the said defender to the persewer from Whitsun- day 1697 to Whitsunday 1698 which the said Complainer was frustratt of and did not attain to the possession of the same. In respect the said defender compeired personallie and confest the said yaird to be sawen with the Complainers seid and also the pryce therof forsaids Wherfor the Judge decerned and ordained in manner forsaid. 3 ells linen ios. Th which jay Robert Waitt in Stitchill is judicially decerned per ell. 3 ells J t ... . harden 5s. per to make payment to Archibald ffairbairn miller at Ednim and Margaret ffairbairn his daughter the soum of ten shillings Scots money as the agryed pryce of thre ilk ells of Linning and fyve shillings money forsaid for each ell of thrie ells of harden of bountith cloath for thre halfe years service w rought be the said Margaret to the defender four years since or therby In respect the said defender being lawfully summoned ofttymes callid and not compeirand was halden as confest. Earner to Edin. xhe which day the said Sir John Pringle Barronnet sittand in judgment hes decerned and ordayned and decerns and ordayns Adam Hoggart caryer in Stitchill to content and pay to James Hoggard in Maynrigg the soum of 24 shillings Scots money pairtlv for the remainder of ane cariadge from Stitchill to Dalkeith in Summer last and pairtlv for a thrave of oatt strae bought and receaved be the defender from the Complainer in Winter last In respect the said defender being lawfully summoned ofttymes callid and not compeiring was halden as confest. The which day Issobell Hoggart servitor to James Lamb in Runningburne is judicially decerned to make payment to John One Quarter Underwood in Stitchill 18sh. Scots money as the pryce of six quarters of Linning bought and receaved be the said defender from the Complainer three yeares since or therby. In respect of absence the defender being lawfully cited to have compeired this day and plais, was holden as confest. linen 3s. 1698] BARON COURT OF STITCHILL 131 The which day the said Judge statutes inacts and ordaynes Furnishing cot- Alexander Lowrie, John Donald son, Robert Hammiltone, James divots. Service, and George Wilson to meitt together at any tyme and form some overtures amongst themselves for furnishing the coatt-houses most conveniently with divotts and ordaynes them to present the saids overtures again the nixt Court day Allow- ing any residenters within the Barronnie of Stitchill to waitt upon the meetings of the saids persons and give in what pro- posals theranent as they shall think fitt. As also the said day it is statute ordayned and declared Tilling, that the pryce of teilling halfe a quarter of land in the Maynes to be 81ib. Scots money conform to use and wont as lykewyse the teilling of halfe a fourth aiker to be 51ib. money forsaid Declairing that payment for the said work be not maid betwixt Mertimes and Candlemes The persons hyring their ploughs may have liberty to stop or take any just method competent for ther satisfactione and this but prejudice for the pairties to aggree on what days they please betwixt the saids terms. Lykewyse it is statute and ordayned and declaired that Lifting Com. whatever portioner in the Mayns shall be convicted of having lifted come off ther neighbours rigg either by mistake or other ways shall be lyable for whatsoever corns ar missing through the wholl Maynes The persons persewing giving sufficient evidence either by oath or otherways of the corns that ar awanting and this Act to stand in force in all tyme comeing. The Courts of the Lands and Barronny of Stitchill halden (85) at the Kirk therof be the Right Honourable Sir John Pringle l6 9 8 J anuai T 22 - of Stitchill Barronnett heretable proprietor of the Lands and Barronny therof upon the 22 day of January 1698 years. Curia legittime affirmata. The qlk day George Hammilton in the Hill is judicially 1 Boll Oats decerned to make payment to Andrew Walker in Kaimflatt ^ IO ' 9 ' the soume of 22lib. 7sh. Scots money as the remainder of the pryce of 3 bolls and ane full of oatts at lOlib. 9sh. Scots money per boll bought and receaved be the defender from the Corn- plainer at Candlemes last bypast. In respect the said defender compeired personallie and confest the forsaid soum to be justly 132 THE MINUTES OF THE [1698 resting owing Reserving actione to the persewar against Andro Giffan weiver in Stitchill alledsed cautioner for the defender. The Principall not paying or not being solvends And lykewyse allowing the Cautioner to retain in his own handes his security against the Principall till the persewar be satisfied for the Decreit lybelled with °.4sh. money forsaid of expenses of pley extracted. Debt. The which day William Thomsone weiver in Stitchill is judicially decerned to make payment to Margarat Scott relict of the Deceist William Lowrie in Stitchill the soume of 5lib. 4sh. Scots money restand of 11 lib. 8sh. money forsaid borrowed and receaved be the defender from the Complainers deceist husband in Summar bygone a year wherto the said Corn- plainer hes good and undoubted right In respect the said defender being lawfullie summoned ofttymes callid and not compeired was holden as confest with 12sh. money forsaid of expenses of pley extracted. The which day Robert Hoggart in Stitchill is judicially decerned to make payment to Alexander Heislope wright in Stitchill and Adam Chairteris there equally betwixt them the sowms of money following for the causes efter specified viz, — The soum of 10 pounds six shillings Scots money as the re- Cow mainder of the pryce of a cow bought and receaved be the defender from the Complainer at Mertimes last bypast. Item, Twenty eight shillings money forsaid as the remainder of the \wmr pryce of ane almery bought and receaved be the defender from the Complainer Alexander Hyslope four years since or therby In respect the said defender compeired personallie and confest the forsaid sowms to be justly resting owing with sixteen shillings money forsaid of expenses. Deforcement The which day Adam Hoggard in Stitchill meilmaker is judicially decerned to make payment to the Procurator ffiscall the soume of fyve pounds Scots money as ane fyne imposed upon him for deforceing the Officer in execution of his office when he was poynding the defender at the instance of James Hoggart in Maynrigg be vertue of a Decreitt obtaind at his instance against said Adam Hoggard and violently be- reaved from the said Officer ane pott which he had poyndit. Ex confesskme. 1698] BARON COURT OF STITCHILL 133 Ane Court of the Lands and Barronny of Stitchill halden (86) at Stitchill Kirk be the right honourable Sir John Pringle of 16981 May28 ' Stitchill Barronnett Heretable Proprietor of the Lands and Barronnie therof upon the 28th of May 1698 yeires. The which day Ritchard Gottrae wright in Stitchill, Beatrix Trotter in Queenscairne relict of the deceast Robert Hopper in Stitchill ar judicially decerned to make payment to John Younger at Stitchill milne the sowms of money following ilk ane of them for ther own pairts as is efter divydit To witt the said Ritchard Gottrae the soum of 24sh. Scots money as the pryce of ane seek borrowed and receaved be the said defender 1 sack 24s. from the said Complainer ane certain tym bygaine and never redely vered Item the said Beatrix Trotter and John Hopper her sone conjunctly and equally the soume of 5lib. 5sh. money forsaid as the pryce of halfe a boll of peis bought and receaved be the said defunct from the Complainer in March bygon a 1 Boll peas year In respect the said Richard Gottrae confest. And the said ^ IO ' I0 ' Trotter and Hopper being lawfullie summoned ofttymes called and not compeiring was holden as confest. And the said Robert Hoggart 121ibs. money forsaid for certain oatt meall bought and receaved be him from the Complainer at Mertimes last ex confesswne rei. The which day the said Ritchard Gottrae and Robert Oats £7.4. per Giffane in Stitchill are judiciallie decerned to make payment BolL to William Johnstoun tennant in Overmayns the soum of 931ib. 12sh. Scots money equally betwixt them as the aggryd pryce of certain bolls of oatts bought and receaved be him from the Complainer in winter last at 71ib. 4sh. per Boll In respect they both compeired and confest the same but denyed ane con- junct bargain which was be the defender deferred to the per- sewars oath who refused to depone wherfor they wer assoilzied from the said conjunct bargaine. The which day James Lamb younger in Stitchill is judicially decerned ex consensu to make payment to Robert Lidgaitt ther the soume of 131ib. Scots money as ane harvest fie Harvest Fee wrought be the Complainer and his spous to the defender in £ 13 ' harvest last Item 51ib. money forsaid for halfe a yeires fie Half year's fee wrought be the Complainers sone Robert Lidgaitt to the said lad defender 2 years since or therby. 134 THE MINUTES OF THE [1698 The which day John Younger milner is decerned to pay to John Gillespy in Maynrigg the soum of 24sh. Scots money as the pryce of ane seek intromitted with be the said defender perteining to the Complainer which seek was lying at the Myln allowing the said defender his relief from Ritchard Gottrae who receaved the said seek from him ex confessione ret. Debt - The which day John Adam, Ritchard Taylor, in Queens- cairne is judicially decerned to make payment to John Adam James and Hellen Hendersons lawfull children to the deceist Adam Henderson in Nether Stitchill the soume of 341ibs. 12sh. Scots money in full satisfaction to the Complainers and Alexander Alexander spous to the said Hellen for his interest of the Principall soum of 441ibs. money forsaid and of the annual rents therof preceiding from Whitsunday last bypast 1698 and of the termly penulties therin contained in ane Bond granted be the said defender Richard to the said de- funct of the daitt the 1st day of December 1693 yeares. Ex confessione. The which day Robert Hoggart in Stitchill and John Robison ther ar decerned to make payment to Thomas Sklait- ter at Newton mylne the soums of money following viz. the said Robert Hoggart the soume of 20sh. Scots money as the remainder of the pryce of a cow bought and receaved be the defender from the Complainer 4 years since ex confessione ret. Oatmeal 25s. The said John Robison is decerned for 25sh. money forsaid per peck. ag ^ e p rvce Q f a p ec k of oatmeall bought and receaved be the defender from the Complainer in Harvest last Being lawfully summoned ofttymes callid and not compeiring was holden as confest. Four Boils The which day the said Sir John Pringle sittand in judg- ° at s^39-4. ment hes decerned and ordayned Robert Hoggard in Stitchill and Agnes Hoggart his spous to make payment to Jannett Inglis in Lochtoune 1 the soume of 291ibs. 4d. Scots money 1 This was the estate of the brother of the baron, Sir Walter of Lochtoun. He was admitted an advocate 10th December 1687 ; constituted a Lord of Session, as Lord Newhall, 6th June 17 18 ; at the same time appointed a Lord of Justiciary and knighted. He died 14th December 1736. Hamilton of Bangour composed an epitaph on Lord Newhall. 1698] BARON COURT OF STITCHILL 185 only resting of 391ib. 4sh. money forsaid as the aggryed pryce of 4 bolls of oatts bought and receaved be the defender from the complainer ane year since ex confessione rei. The which day John Smith in Stitchill for ane Ryott com- Riot and Con- mitted be him upon Ritchard Gottrae in the face of the ° ° urt Bourlae Court is unlaid and amerciat in lOlibs. Scots money the cryme being aggravated by the aforesaid circumstance by beatting the said Richard upon his face in the said oppen Bourlae Court ex confessione rei. The which day George Ridpeith servitor to John Bruntoun smith in Stitchill anent the claime persewed at his instance against Patrick Millar in Sweithope the said Patrick is decerned ex confessione to make payment to the said George Redpeith 48sh. Scots money as the pryce of a full of beare of i full of Bear bountith for a harvest lie wrought in harvest last. The which day James Mather in Stitchill is decerned to pay to Robert Giffane ther the soume of 43sh. Scots money as the remaynder of a grass maill in Summer last ex confessione and Grass-maiii. assoilzies fra the rest of the soume ly belled. The said day Richard Gottrae is decerned to pay to James Yule. Donaldson in Ednim lllib. 9sh. 6d. Scots money as the re- maynder of the pryce of certain oatts bought and receaved at Yeuill last ex confessione rei. The which day in the Actioun and Cause persewed be Mr. Schoolmaster. William Wilson schoolmaster of Stitchill against Robert Giffan ther, anent a peice of ground in a pairt of the Mayns formerly possesst be James Lamb debaittable betwixt the said Mr. William and the said Robert Giffane the Judge refers to the Burlaemen to consider more fully and determine therin and to make report nixt Court day. The which day Sir John Pringle of Stitchill Barronnett Act anent sittand in judgment dischairges all residenters within the Beggars ' Barronny of Stitchill here efter to resett harbour intertain or £ 10 penalty, give almes any manner of way to any poor people whatsoever that goe from place to place for charity except these allenerly that shall be listed as poor within the Barronny of Stitchill by the Heretor and Elders at their meitting conforme to the many Acts of Parliament and Counsell for that effect under the payn of ten pounds Scots money for every tyme that it 136 THE MINUTES OF THE [1698 shall be discovered the saids Residenters have entertained or given alrnes to any poor but such as ar properly to be alimented by the paroich and ordayns all within the Barronnie of Stitchill to give ther assistance to ane another for expel- ling such poor people and bringing them to condigne punish- ment when they shall be apprehend it giving occasion of creating any trouble or disorder within the paroch upon ther refusing of almes. Declairing that such as refuse ther assist- ance to ther neighbours in this manner shall be lvable in the certificatioun forsaid and lvkewvse declairing that in both caices the Informer against the contraveiner of this Act shall have the one halfe of the said penalty and ordayns this pntt. Act to be put to dew and lawful! executioun with all rigor. 1 1 rear s grass As also the said day the said Judge statutes and ordayns all coal from°Eng- Coatters and other residenters within this Barronnie of Stitchill to pay for every horse they gras upon the Hall-hill a load of coalls from England when thev shall be required to bring in the same with certification And lykewyse ordayns such persons as gras upon the said hill in Summar 1697 to bring in a load of coalls for that year's gras and in all tyme comeing so long as thev take the benefit of the said gras when- ever they shall be required to perform the same under the certification forsaid and heirbv expressly dischairges the other residenters to put anv beasts upon the said hill at any tym of the year whatsoever But declairs it shall be reserved allenerly for the use of such of the coatters that have a mynd to grass Greai tenants ther horse theron In which the great Tennents ar no ways comprehendit who ar to have no benefits of the same any manner of way and this Act to stand in force in all tym comeing. W) Ane Head Barron Court halden at Stitchill Kirk be the 1698. Nov 5. night Honourable Sir John Pringle of Stitchill Barronnett Heretable Proprietor of the Lands and Barronny therof upon the fifth day of November 1698. The which day compeired the wholl Tennents and coatters 1 This act anent the poor would not include such privileged beggars as Edie Ochiltree the Blue" own, who travelled this district. 1698] BARON COURT OF STITCHILL 137 within the said Barronny and took Instruments upon ther compeirance. The qlk day Thomas Underwood wright in Stitchill is 6 fulls malt judicially decerned to make payment to Patrick Miller in £ BoU^. i6. Dunse the soum of 14lib. 14sh. Scots money as the pryce of 6 fulls of malt bought and receaved be the Defender from the Com plainer at Pasche last at 91ib. 16sh. the boll In respect the Pasche. said defender compeired personallie and confest the same wherfor the Judge decerned in manner forsaid. The which day Ritchard Taylor in Queenscairn is judicially Debt, decerned to make payment to Jannett Lamb in Stitchill the soum of Ten pounds Scots money borrowed and receaved be the said defender from Robert Hammiltoun the Complainers husband fourteen years since or therby In respect the said defender being lawfullie summond ofttymes called and not compeiring was halden as confest with 16sh. of expenses of pley. The which day John Robeson in Stitchill is judicially decerned to make payment to George Wilson Maltman ther the soum of 11 lib. 5sh. Scots money as the remainder of the pryce of certain malt bought and receaved from the Corn- plainer a year since or therby. In respect the said defender compeired personally and confest the same with 16sh. money forsaid for expenses of pley. The which day James Mather in Stitchill is judicially 6 fulls Oats decerned to content and pay to George Dickson in Kenlaes ^ Ilm 3 ' 2 * 11 lib. 3sh. 2d. Scots money as the aggryed pryce of 6 fulls of oats bought and receaved be the defender from the Complainer a year bygone at oatt-seid-tym last In respect of the De- fenders confession with 16sh. of expenses. The which day the said Sir John Pringle sittand in judg- ment hes decerned and ordayned Thomas Galbreath in Stit- chill and Margaret Thomsone his spouse to content and pay to Thomas Henderson tailzeour in Stitchill tutor nominal to the deceist Adam Henderson and Hellen Thomsone ther children the soum of 14libs. Scots money as the agreed pryce Cow/i 4 . and worth of a cow bought and receaved be the said Margaret Thomsone for herselfe and in name of her husband from the said complainer Alexander Alexander in Stitchill in name of 138 THE MINUTES OF THE [1698 the said pupills at Candlemes bygone a year in respect of the defenders confessione Reserving action for the interest of the money and allowing the complainer to cite the said Thomas Galbreaths wyfe the nixt Court day. The which day John Hopper servant to Margrat Scott in Stitchill and William Thomsone weiver ther is judicially decerned to make payment to Thomas Henderson in ffairnie- rigg the soums of money following ilk ane of them for ther own pairts as is efter divydit viz., The said John Hopper the 7 bolls oats soum of 471ibs. 12sh. Scots money as the agryed pryce and ^ 47 ' 12 worth of 7 bolls of oatts bought and receaved be the said Yule. defender from the complainer at Yeull last. Item, 30sh. money forsaid as the remainder of the pryce of a boll of oatts bought and receaved be the said defender his deceast father ane year since Item 50sh. money forsaid as the remainder of 5 bolls of oatts bought and receaved be him fra the complainer a year since. The said William Thomsone 51ib. 17sh. money forsaid as the remainder of twa bolls of oatts bought and receaved be him fra the complainer at Harvest bygain a year In respect the said defenders being lawfully summoned ofttymes called and not compeired was holden as confest Allowing to the defender Thomsone action against Robert Hoggart for any pairt of the said oatts that the said Robert Hoggart got conform to the defense given in be said defenders wyfe. The which day David Brown in Stitchill is judicially decerned to make payment to George Aitchison merchant in Stitchill 59sh. 6d. Scots money for certain merchandise goods bought and receaved be the defender from the complainer two years since. Aie. As also is decerned to make payment to Margrat Wood relict of the deceast William Mitchell in Neutoun 45sh. money forsaid for aill furnished be the complainer thrie years since In absence he being lawfully citted. Act in favour of Act discharging all Residenters within the Barronny of theWauiker. gfl^u to f urn i sn anv ot her Waulker in the country with master. And to reserve it for the Waulker in Stitchill allenarly Upon condition always that the said waulker in Stitchill shall give such qualificatiouns that ar usually given by the waulkers. 1698] BARON COURT OF STITCHILL 139 Item, the saids residenters within the Barronny of Stitchill ^rled. ^ 5 are dischairged to cary ther work to anyother Mylne but to Stitchill Wakemiln to which they are heirby expressly thirled during the tym of ther residence in Stitchill under the payne of 5 pounds Scots for each failzie. Declairing always that if any of the said persons have ground of complaint for insufficient work either Litting or waking or for ther wakers detayning ther cloath longer than the dew reasonable tym the waker shall be obleidged to repair the complainer in all damnage that they have therby suffered And lykewyse shall be fynned in the soum of 51ib. Scots for each failzie the one halfe to be given to the complainer besyd his reparatioun of damnage forsaid. Lykewyse declairing that if it can be sufficiently instructed by any of the saids persons that the waker refused ther work at reasonable pryce which is heirby declared to be the ordinar pryce of other workmen in the country they shall have liberty to imply uther and cary the work to uther mylnes. The walker is ordayned to go through the Paroich and cary away the cloath and bring it back again. The qlk day the following Acts and Statutes made by the Acts for regulat- Burlaemen of Stitchill for the better regulating the affairs of ^ on B ^ irs the Barronnie ar heirby ratifyed and approven be the said Judge and Barron and ordayned to take effect and be put in execution in all tyme comeing. 1st. That no Residenter within the Paroich of Stitchill als Trespass in weill thos that possess land or such as ar only cottars or sub- the Mayns cottars be sein within the Maynes ground or fourth aiker in harvest tyme or leeding tyme before the Maynes herd goes out in the morning with the catell to ther pasture Nor efter the said herd returns at night from the pasture with the cattle under certificatione the contraveiners of this Act shall be fynned in one pound Scots and that rigorously exacted. 2nd. That whosoever lifts any of his neighbours cornes Lifting corn, within the ground of the Maynes or fourt aiker through mis- take or other ways shall be lyable for the wholl loss in the saids grounds to the Complainers they instructing ther loss by oath or any other sufficient document by and attour the certi- fication of the person that shall lift the corn through mistake shall restore thriefold or if they shall lift it by theft and can 140 THE MINUTES OF THE [1698 Stocks. be proven they shallrestor thriefold and lye in the Stocks 24 hours. Dyke-breaking 3rd. That the Dyck that is at the eist end of Thomas Hoggarts yaird be built up by Thomas Hoggart at his own expense (by reason his ground lies nierest the said dyck) and if any shall be found to break down the dyke herafter he is to pay 12sh. Scots. The one halfe is to be payed to the Corn- plainer or any that shall suffer prejudice therby and the other halfe to be disposed upon at the Burlaemens pleasure attested by ther subscriptions sic subscribitur John Younger, John Brunton, John Donaldsone. Ita esse attestor ego Gulielmus Pringle Notarius Publlcus praedict. curiae clericus testam. his meis signo et subscriptione manualibus. The Court of the Lands and Barronnie of Stitchill holden at the Kirke therof be the Right Honourable Sir John Pringle Barronnett upon the thretten day of May 1699 years. Curia legittime affirmata. The which day the said Sir John Pringle sittand in judg- ment hes decerned and ordayned and decerns and ordayns John Robison maltman in Stitchill to content and pay to John Younger miller at Stitchell mylne the soume of money following for the causes efter specifyed To witt 31ib. 8sh. Scots money as the aggryed pryce of ane full of meall bought and receaved be the defender from the complainer in July last. Item 32sh. money forsaid resting of the pryce of 5 capfulls of oatmeall at 36sh. the peck bought and receaved ane year since ex confessione rei with 14sh. of expenses. The which day Ritchard Taylor in Queenscairn is judicially decerned to make payment to Alexander Hyslop wright in Stitchill the soumes of money following for the causes efter specified viz., the soume of 41ib. lOsh. Scots money wherof 31ib. as the remainder of ane harvest fie wrought be the said defender to the complainer 7 years since Item 30sh. therof as the remainder of the pryce of halfe a boll of oatts bought and receaved at the tyme forsaid by the defender from the Com- plainer ex confessione rei. The winch day Robert Giffane caryer in Stitchill is judici- (88) 1699, May 13. 1 full Meall £3- 8. 1 peck 36s. Debts. Carrier. BARON COURT OF STITCHILL 141 ally decerned to make payment to Mungo Archibald in Stit- chill and Jean Wilson his spouse the soum of 151ib. 16sh. lOd. Scots money restand of the prvce of certain oatmeall bought and receaved be the said defender from the complainer at Candlemes last at 30sh. the peck In respect the said defender compeired personally and confest the same and alyk decernes for 20sh. of expenses of pley. The which day Robert Giffan caryer in Stitchell is judicially Harvest fee for decerned to make payment to George Hammiltoun in the Hill two of the soume of 91ib. Scots, money as ane harvest fie wrought be the said complainer and his spous to Patrick Millar in Sueitup in harvest last and which soume the said complainer accepted of the said defender as debiterwho promised payment and entered in payment therof. Ex confessione rei. The which day William Cuthbertson weiver in Stitchill is claim, judicially decerned to make payment to Agnes Lee spouse to Alexander Marshell in Home the 71ib. 5sh. Scots money as the ballance of a compt betwixt them In respect of the Persewar and the defender compeired personallie and the said defender denyed the claime which the Persewar referred to his oath at leist the said defender proposed ane exception of com- pensation which exception the said defender for proving therof referred the same to the perse wars oath who deferred the samvn to the defenders oath who being solemnly sworne upon his oath acknowledged the soums lybelled but alledged the samyn ought to be compensed with his werk having wrought to the Persewar Therfor twa elle of cloath at ane sh. Scots the ell and that ther is a capfull of Beare meall or 6sh. for the pryce of bountith yet restand which alledgeances and depositions of the defender being considered by the said Judge And he being weill and regularly advysed therupon Decerned and ordavned in manner forsaid The said defender being therby payed of threscore twa ells of cloath weiving with 14sh. of expenses of pley. The which day Ritchard Gottrae in Stitchill is unlawed and Blood ^50. amerciat in 501ib. Scots money for ane Blood committed be him upon John Wilson in Stitchill in Aprylle last ordayning the defender to pay to the said John Wilson pairtly offered 30sh. Scots money therof and decerns the said defender 142 THE MINUTES OF THE [1699 Gottrae to pay to the Procurator ffiscall of the said Court the remaynder therof and assoilzied Wilson from the Lyble at the ffiscalls instance against him In respect of his oath. i6 (89) Ane Head Court holden at Stitchill Kirk be the Right 1699.N0v.it. honourable gj r j onn Pringle of Stitchill Knight Barronnett Heretable Proprietor of the Lands and Barronny therof upon the 11th day of November 1699 years. Curia legittvme affirmata. The which day the haill Tennents and cottars compeired all personally and took Instruments upon ther compeirance. Hume. The which day James Haggart in Maynrigg is judicially decerned to content and pay to Bessie Swanstone in Home the soume of 40sh. Scots money which was adebted be Agnes Sounnis servant to the said Defender and wherof the Defender promised payment to the Complainer as having right therto and entered in payment therof In respect the said Defender compeired personally and confest the same. Debt. The qlk day Thomas Underwood wright in Stitchill is judicially decerned to make payment to John Hutson merchant in Kelso the soume of 31ib. 6sh. 8d. Scots money contained in a Ticket granted be the said Defender to the Complainer daited the 19 day of July 1698 years In respect ane day being given to the Defender to give in his defences In respect he was not personally citted with certification if he failzied to prove in dew form against him and Extract Decreit which day being elapsed and the Defender not giving in his Defences was holden as confest and the Terme circumducted against him. The which day William Thomson weiver in Stitchill is judicially decerned to make payment to William Alexander the soume of 33sh. 4d. Scots money as the ballance of ane Compt dew be the Defender to the Complainer Ex confessions ret. Act ratifying the Act anent the Poor in the haill heads therof daited the 28 May 1698. December 2 1699. The which day the said Sir John Pringle of Stitchill Bar- ronnett sittand in judgment hes inacted and farther inacts statutes and ordayns that no Residenter within the Barronnie of Stitchill receave into the Coatthouses such persons either (90) 1699, Dec. 2. Act anent the Poor. 1700] BARON COURT OF STITCHILL 143 single or by families who are incapable of subsisting bv them- selves or have subsisted by charitv in other paroiches either in wholl or in pairt Declairing that from the daitt of this present Act any of the Residenters above mentioned who sett their houses to such persons shall have the wholl burden upon them mentayning the saids persons and that thev shall be obleidged to releave all ther neghbours within the said Barronny of all burden and charge upon that accompt. Declairing neverthe- less that this Act sail not be extendit to such persons to whom houses have been sett when they were in a condition of subsvstingr bv themselves and have according^ subsvsted without being a charge to others for sume considerable tyme from the tyme of ther Entry but efterwards have fallen poor through age or infirmity or unforeseen accidents who therfor upon that accompt may justlie expect the compassion and charity of ther neghbours as residenters within the Barronny lykewvse commanding and requiring the said Residenters to remove all persons from ther Coatt houses betwixt and the 10th day of this month who have been receaved since Lambes last and who have no visible imployment and are knowen to be accustomed in vaiging and begging up and down the countrv And lvkewyse requiring and commanding the said residenters to remove from ther houses betwixt the daitt of this Act and Whitsunday nixt all such persons who are not in a condition to subsist without the help of the neghbours who have not been thrie years residenters within the said Barronny for the Term of Whitsunday last backward conform to the Act of Parliament and Counsell made theranent Com- manding and requiring all residing within the said Barronny to give exact obedience to the said Act and haill heads therof under the pavn and certificatione contained in the same Act so often as thev shall be found to contraveine the same. Ita est Gulielmus Pringle Xotarlus Publicus ac praedict. Curiae Clericustestam. his mels sigiio et subscript ione jnanuaUbus. The Court of the Lands and Barronny of Stitchill halden (91) at the Kirk therof be the Right Honourable Sir John Pringle I7 °° , Apr of Stitchill Barronnett upon the 20 day of Aprvlle 1700 vears. Curia Jegittime affirmata. 144 THE MINUTES OF THE [1700 Claim for loss. The qlk day Adam Chairteris and Alexander Hyslope indwellers in Stitchill are judicially decerned to make payment to Andro Hoggart caryer ther the soume of Tlib. 3sh. and 8d. Scots money wherein the said Persewer was damnified by the defenders their being deficient in not making up ane certain quantity of beare sold be the said Persewer to Andro Peirie in Prestounpans at Mertimes last by the said Defenders order and commission and not carying it in dew tyme In respect the said defenders compeired and denyed the condition lybelled which was referred be the said Persewer to ther oath of verity simpliciter who deferred the samvn to the persewers oath And the said Persewer compeiring personallie being solemnly sworne upon his oath deponnid affirmative that the said defenders did condition to him to make up ther proportion of the Beare lybelled and to cary the same in dew tyme And lykewyse deponnid that there being deficient and not carying it in dew tyme the deponent was loser in 81ib. Scots which was detayned be the said Andro Peiry to whom he sold the said Beare with ane certain quantity of the said Persewers own beare off the forend of the pryce therof And lykewyse deponnid that he was adebted to the said merchant 7 pints of aill at 2sh. 4d. the pynt and therfor by his said oath restricted his claime to 71ibs. 3sh. 8d. money forsaid In respect wherof the Judge decerned in manner forsaid. Harvest fee The which day John Wilson in Stitchill is judicially £a- 15 decerned to make payment to Henry Hammilton in Queenscairn and Jennett Mill his spouse of the soume of 41ib. 15sh. Scots money as ane harvest fie wrought be the said Jennett Mill to the said Defender in Harvest last In respect the said defender compeired personally and confest the same. ;' ; stack peats The which day Robert Giftan in Stitchill is judicially I4> decerned to make payment to John Sinclair in Haryheuch the soum of 31ib. 14sh. Scots money as the aggryed pryce of halfe a stack of peitts bought and receaved be the said defender from the complainer at the latter end of October last In respect the said defender being lawfullie summoned ofttymes called and not compeiring was holden as confest. Claini The which day James Haggart in Maynrigg is judicially decerned to make payment to Adam Richisonc in Stitchill the i/oo] BARON COURT OF STITCHILL 145 soum of lOlibs. Scots money for certain service done by the Complainer to the said defender 3 years since or therbv Ex confessione rei. Item Alexander Alexander in Stitchill the soum of 41ib. 2sh. Nag. money forsaid as the remainder of the pryce of a naig bought be the defender from the Complainer at St Bosuall Fair last. Ex confessione rei. Item Robert Taylor in Queenscairn the soume of 9sh. money Faiding. forsaid as the remaynder of certain faiding 8 years since In absence, etc. The which day John Watson in Queenscairne is judicially decerned to make payment to Alexander Lowry ther the soum of 34 pounds lOsh. Scots money for twa house maills and a Rents, halfe for the space of 3 years at lllib. 2sh. yearly. The persewer always delyvering to the defender 3 thrave of straw which the persewer condescendit to give him. In respect the samyn was verified be the defenders oath being referred therto be the said persewer. As lykewvse assoilzies the Persewer from all alledgeance proponnid by the Defender that the Persewer ought to reim- burse him of the halfe of the charges bestowed upon the barne which alledgeance being referred be the said Defender to the Persewers oath for probation and the said persewer being solemnly sworn upon his great oath deponnid that the defender took these houses of him with this expres condition that the defender should be at the wholl coast and charges belonging to these houses during his possession therof and that the houses was sett by the defendant and taken bv the Defender in the expres conditions and terms befor mentioned In respect wherof assoilzies the Persewer from the alledged compensation and decerned against the defender in manner forsaid. The which day Michael Bingall and William Taylor In- R ; ot r- dwellers in Stitchill are unlaid and amerciat as follows viz. the said Michael Bingall in olib. Scots money for ane Rvot committed be him upon the said William Taylor and thrust- ing him to the door and calling him Knaive and raskeil In respect the said Michael acknowledged his calling Taylor Knave and Raskeil and thrusting him to the door but denved 146 THE MINUTES OF THE [1700 the beatting of him which was referred by the Procurator ffiscall to his oath who refused to depon wherfor he was unlaid 50s. fine. as said is. The said William Taylor in 50sh. Scots in respect of his acknowledgment that he did tair Bingalls hair and returning him abusive language. 1700, April 20. Anent a Regulation for the Sowmes in the Maynes : — That whereas it is allowed to the Possessors in the said Maynes to put thereon a certain Stent of the sheip to the end that the said stent may be nowayes prejudiciall to the said ground and possessors therof And especially to the cow pasture in the ground the following Regulations are hereby statuted and ordayned to take effect from the Term of Whitsunday 1700 viz. — That no Tennent in the Mains put more sheip upon his possession than what amounts to the halfe of his Sowmes conform to the Stent and number of sheip for each Soum that is aggryed to by the severall possessors therof Item that wher any possessed but one Soum in the Mayns that Soum shall absolutely be a Kow or Oxe and not a sheip and that the possessor in that caice shall not bring sheip of his own nor sheip pertayning to others Item that during the wholl Summer ther shall be keiped different pastures for the sheip and Kowes and Oxen If it be so resolved on by the plurality of the possessors but in this they ar left to ther own convenience. And for the better effecting of this, the herd is heirby dis- charged to feed his own Kowes apairt from the rest of the cattle under the severest payns and all concerned ar ordayned to observe this present Regulation in all its poynts Certifying such as have more sheip upon the ground than falls to their share in the forsaid terms the Overstent shall be forfeited the one halfe to the informers and the other halfe to the use of the poor within the paroch. (9 2 ) Ane Court of the Lands and Barronnie of Stitchill holden at the Kirk therof by the Right Honourable Sir John Pringle of Stitchill Knight Barronnett Heretable Proprietor of the Lands and Barronnie therof upon the 6th day of June 1702 years. Curia leg it time affirmata. The which day the said Sir John Pringle sittand in judg- 1702] BARON COURT OF STITCHILL 147 ment anent the Lybell persewed at the instance of the Pro- curator ffiscall to the said Court against the wholl Tenents and cottars within the Barronnie of Stitchill mentioning that wher by the 13th Act of the 18th Parliament of our Sovereign Lord King James the Sixth of blessed memorie holden at Perth the 9th day of July jajvi c and sex years Entituled Act anent Laying of Lint in Burns and Lochs wherby our Sovereign Lint. Lord and Estates of Parliament finding that the Laying of Lint in Lochs and Burns is not only hurtfull to all fyshe bred within the samyn and bestiall that drink therof But also the haill waters of the said Lochs and Burns therby being infected is maid verie unprofitable for the use of man and very noisome to all the peoples lyving therabout Therfor statute and ordayned that no person nor persons in Tym cumeing laying in Lochs and Running Burnes any Grass Lint under the payn of 40sh. Scots money toties quoties for ilk tym they shall contraveine and confiscation of the Lint as in the said Act at more Lenth is containd And also upon the wholl meill-makers within the Meaimakers. said Barronnie of Stitchill for vending and selling of meall and not weighing the same by weight contrair to the Act of Parlia- ment daited 25 September 1696 and lykewyse upon the wholl weivers within the said Barronnie for weaving of Linen cloath Weavers, vendible at the pryce of lOsh. Scots the ell or above under the breadth of 1 ell 2 in. expressly contrair to the Act of Parlia- ment And for keiping of unsufficient weights and measures as also for making of Supernumerary manages and intertaining Marriage mor persons therat than is allowed be the Act of Parliament P arties - As also upon the Merchants within the said Barronnie for im- porting of prohibit goods from England to Scotland and siclyke Smuggling, for fishing, hunting, and gunning in forbidden tyme and trew Poaching, it is and of veritie that the fornamid persons have contraveined the said Acts of Parliament and that therfore they and ilk ane of them ought and should be unlaid and amerciat conform to the said Acts of Parliament in example of others not to committ the lyke in all tym coming Which Lyble being called the said Judge continued the same till the next Court day and ordayned the wholl tenants and cottars to compear the nixt Court dav with certification And accordingly upon the 4th day of July thereafter being the nixt Court day the wholl defenders com- 148 THE MINUTES OF THE [1702 peared in ane fencit Court and confest guilty of contraveining the said Acts of Parliament made anent steiping of green Lint in Lochs and Burns wherfor the Judge onlaid ilk ane of them in 40sh. Scots money for ilk transgression. And holds the meel-makers as confest and unlaes ilk of them and ilk ane of the weavers in the termes and under the penalties contained in all the saids Acts of Parliament And likewyse continews the action against George Aitchison upon the penall Statutes and particularly for importing of prohibit goods from England till he be farder insisted against at the nixt Court In regard of his absence this day upon his necessary affair who accord- ingly upon the 21 day of November 1702 in ane uther lawful fencit Court compeared and denyed the said Lyble wherfor the said Judge assoilzied him therfra in respect of his oath who deponnid negative. Act impowering the Barron Bailie to use Summar poynding and diligence for all debts not exceiding the soume of 30sh. Scots upon the complaint of any party and the debtors acknowledging the debt. The Courts of the Lands and Barronnie of Stitchill halden at the Kirk therof be the Right Honourable Sir John Pringle of Stitchill Knight Barronnett upon 29 May 1703. Curia legittime affirmata. The which day James Hogart in Stitchill is judicially decerned to make payment to Robert Pringle merchand in Home the soume of 41ib. 5sh. Scots money resting of ane Compt for merchandise goods bought and receaved be the Defender from the Complainer within these twa yeires or therby ex confessione rei with 14sh. money forsaid of expenses of pley. The which day anent the claime persewed at the instance of Agnes Lamb relict of the deceast Thomas Underwood wright in Stitchill Mentioning that wher James Hogart ther is just lie adebted to her the soume of 31ib. Scots money which was payd by the complainer and her deceast husband to Thomas Si mm for plewing of ther land which the Defender entered to in March 1700 years Item 16sh. money forsaid for certain ail] and 1703] BARON COURT OF STITCHILL 149 other particulars furnished be the complainer to the defender 3 years since or therby which being called and the said defender compeared personally who confest the first article but alledged compensation and lykewyse confest the second article which the Judge taking to consideration finds the defender lvable to pay what the Complainer expended upon labouring the ground and lykewyse decerned for the 16sh. ex confessions And referred some other Artickles of the said Lyble to the Burlae Court to be discust ther conform to the Buriae Court. use and practice of the Barronnie And ordayns the said Burlae Court to hold this day eight days for that effect. Ita est attestor ego Gulielmus Pringle Notarius Publicus cler. Ane Barron Head Court halden at Stitchill Kirk be the (95) Right Honourable Sir John Pringle of Stitchill Knight Bar- I7 ° 3 ' Um ' I3 " ronnett Heretable Proprietor of the Lands and Barronny therof upon the 13th November 1703. Curia legittime affirmata. The whilk day the wholl tenants and cotars being called compeired all personally and took Instruments upon their com- pearance. The which day John Currie in Stitchill is judicially decerned to make payment to David Hogart ther the soum of 301ib. 19sh. Scots money as the pryce of ane mear bought and receaved Mare- be the said defender from the said complainer at Midsummer last and partly of borrowed money at the Tym forsaid. Item the soum of 81ib. lsh. 6d. money forsaid as the aggrved pryce of IT ells of Linning cloath sold and delyvered be Elspeth Hog- Linen, gart the complainers daughter to the Defender at Midsummer last In respect the said defender being lawfully summoned to have compeired this day and place as was sufficiently verified be the officer at the barr oft tvmes called and not compeiring wherfor the Judge decerned in manner forsaid and for 3sh. of expenses. The which day anent the claim persewed at the instance of Debt. John Lamb Tennent in Maidenhall against Thomas Galbreath in Stitchill makand mention That wher in May last the said complainer granted to the said defender to ane certan soum of 150 THE MINUTES OF THE money for which the Defender promised to pay to the eom- plainer 121ib. Scots money for granting the said assignation at Lambmes therefter And albeit it be of veritie that the said defender has ofttvmes since syn promitted payment and . . . As the Lyble bears which being called and the said Persewer and defender both compeirand personallie The defender alledged not lvable in the soume lybelled unless he receaved the soume assigned from the debitor which was referred be the persewer to his oath who deponnid positive and lykewyse depones that the persewer promised never to demand the 20sh. lvbelled and likewyse depones that he never receaved anv money containd in the assignation either in haill or in part And this is the truth as he shall answer to God which the Judge takeing to his consideration ordayns the defender to use diligence upon the assignation against the Debiter betwixt and Lambes nixt and for that effect to procure ane rovin instruction otherways is decerned for the other 20sh. And that the persewer shall have acces to the defenders goods bv poynding without any further decreit. Ita est attestor ego Gulichnus Pringlc Xotarius Publicus ac praedict. curiae clericus. Ane uther Barron Court halden at Stitchill Kirk be Sir 1704, June 3. John Pringle of Stitchill Knight and Barronnett Heretable Proprietor of the Lands and Barronnie therof upon the 3rd day of June 1704 years. Curia legittime affirmata. The which day anent the Lyble persewed at the instance of the Procurator ffiscall against Thomas Galbreath and John Scandal ffairbairne Tennents in Stitchill Mentioning that wher at Bouriae Court. Whitsunday last in ane publict Bourlae Court the saids Defenders scandalized each of them others in ther good names by calling others Knaves to the Loss of ther credits and par- ticularly the said Thomas Galbreath affirmed that he wold prove the said John ffairbairne ane knave in face of the said Bourlae Court the wholl neghbourhood being conveined for the tyme and therefor craves that they and ilk ane of them shall be unlaid and amerciat for the said scandells in example of others to committ the lyke And lykewyse that your Lord- 1704] BARON COURT OF STITCHILL 151 ship will be pleisit to inact statute and ordayne that in all Tyme coming whoever of the Tennents and others within the Barronny of Stitchill shall offer abusive language to others that your Lordships officer may be allowed to poynd the Transgressors immediately therefter for such penalties as your Lordship shall think fitt. Which being called and the said defender compeiring personally and denyed the Lyble which the ffiscall offered to prove Another nixt Court day being assigned for proveing therof several famous witnesses being led and adduced for that effect The said Judge and Barron found the said Lyble sufficiently proven against the said Defender Galbreath and Fine £3. therfore amerciats him in 31ibs. Scots money In respect of the Depositions of severall famous witnesses and finds the Lyble not proven against ffairbairn and therfor assoilzies him therfra. Act impowering the Bourlae men to punish all disorders that Act anentron- shall be committed at ther Court either be the members tempt 0 therof or others according to the circumstances of the cryme and persons (declairing always that this shall not extend to blood) either by fynning or by corporall punishment as they Corporal shall think fitt and ordayns present execution to pas upon P unlshment * their Sentence. The which day Andro alias David Hoggart in Stitchill Carrier. Andro Hoggart caryer ther and Thomas Hoggart ther ar judicially decerned to content and pay to James Wilson servitor to Alexander Lowrie tennent in Queenscairne the soume of 5lib. Scots money adebted be James Hogart late in Stitchill to the complainer and which was arreisted in ther hands as ane debt dew by them to the said James Hoggart wherof the Defender promist payment to the complainer In respect the said defender David Hoggart compeired and confest the promise wherfor the Judp;e decerned in manner forsaid. The which day Thomas Galbreath in Stitchill is decerned Chest £3. to pay to Adam Hoggart wright ther the soum of 31ib. Scots money as the pryce of ane Chist bought and receaved be John Henderson in Stitchill from the Complainer at Pasch last wherof the said Defender promist payment In respect the Defender com- peired personallie and confest the said promise of payment. Gulielmus Pringle Notarius Publicus cler. 152 THE MINUTES OF THE [1704 (97) [704, Nov. 18. Thatch and Divots for the Mill. House-rent. Weaver-work 32s. Ane Head Barron Court holden at Stitchill Kirk be the Right Honourable Sir John Pringle of Stitchill Knight Barronnett upon the eighteenth day of November 1704. Curia legitime affirmata. The which day anent the Action and Cause intended and persewed at the instance of John Younger tacksman of the Corne milne of Stitchill against the wholl Tennants within the said Barronnie of Stitchill making mention that wher the Tennents was in use formerly to repair and maintain the corne milne of Stitchill in thatch and divott both in the com- plainers and his predecessors tym Wherfor the complainer humbly craved that your Lordship will ordayne the said Tennents to furnish thatch and divotts for repairing the said milne in Tyme cumeing As your Lordship assigns as do the said Lyble or petition bears. Which being called and John Donaldsone one of the Tennents in Stitchill compeired for himself and in name of the rest of the Tennants and denyed the claime Wherfore the said Judge Barron continued the said Action till the nixt Court day and in the mean tym for the present use and exigencies of the mill ordaynes the miller to lead himself the one halfe of the thatch as also to cast and lead the one halfe of the said divotts and ordayns the Tennents to lead and cast the other halfe that the said affair may be considered and a fixt rule made for it in all tym comeing And ordaynes for that end the miller to meitt on Saturday nixt with Alexander Lowrie John Donaldsone John Brunton Robert Giffan and any others of the Tennants in Stitchill they think fitt to require to make Tryall if they can fall upon any expedient for fixing a rule and method for furnishing the milne with Thatch and divot in all Tym comeing. The which day Adam Hoggart carver in Stitchill is judici- ally decerned to pay to Alexander Wilson Tennent ther the soume of fyfty four shillings Scots money as the remaynder of ane house-maill possesst be the Defender pertayning to Janet Lamb spouse to the Complainer four years since and continued the rest of the soum acclaimed till the nixt Court day that Janet Lamb compeir. Ex confesswue. The which day Margrat Galbreath in Stitchill spouse to John Currie ther is judicially decerned and the said John for 1705] BARON COURT OF STTTCHILL 153 his interest to make payment to John Mather weaver in Kelso the soume of 32sh. Scots money for certain weaver work wrought be the Complainer to the Defender 2 years since In respect of the said persewers oath theranent. The which dav Robert ffairbairn sone to John ffairbairn Disobeying . : . _. . _ Baron- Bailie tennent m stitchill is judicially decerned to pay to the Pro- ^5. curator ffiscall the soume of 5lib. Scots money as ane fyne imposed upon him for disobeying the Baron Bailies order in refuseing to goe to the Barronnv of the Hirsell with some Hirseii. other of the Tennants anent some urgent affair of your Lord- ship when he was required therto Wherfore the Judge onlaid and amerciat in manner forsaid. Act ordavning the Tennants and coatters to be carefull of Young Trees, the young tries that ar planted in their yairds and declairing that every Tennant and coatter shall be lyable in 12sh. Scots for each trie that shall be broken and eatten with beasts. Curia legitime affirmata. The which dav Andro alias David Hogart elder in Stitchill (9$) Andro Hogart carver ther Thomas Hogart Calsevend are Debt, judiciallv decerned to pav to John Brunton smith ther the soume of 51ib. Scots money which is adebted be James Hogart sometyme in Stitchill to the Complainer wherof they promist payment ilk ane for ther own pairts. Ex confessione rei. The which dav Andro Watson and Andro Hogart Tennants in Stitchill ar judicially decerned to pay to James Dickson Tennant at Park End the soums of money following for the causes efter specified vizt. — The said Andro Watsone the soum Xag^3o. of 301ib. Scots money as the aggryed pryce of ane naig bought and receaved be him from the complainer ane year since The said Andro Hogart 161ib. lOsh. money forsaid as the rest of 6 bolls oats bought and receaved be him from the complainer and Robert Giffan in Sweithope equally betwixt them twa yeirs since In respect the Defender Watson compeired personallie and confest the same and the Defender Hogart being lawfullv summoned ofttymes called and not compeiring was holden as confest. 154 THE MINUTES OF THE (99) Ane Head Court holden at Stitchill Kirk be the Right 1705,1 o\.io. Honorable gj r j 0 hn Prinze of Stitchill Knight Barronnett Heretable Proprietor of the Lands and Barronnie therof upon the 10 day of November 1705. Curia legittime affirmata. Smaiihoim. The which day Adam Hogart in Stitchill is judicially decerned to pay to Thomas Lawrie in Smailholme Spitle the soume of 31ib. I9sh. Scots money restand of a greater soum dew be him to the Complainer conform to his Bond E.r confes- sione rei with 12sh. of expenses of plev. The which day Margrat Thomson relict of the deceast Thomas Galbreath in Stitchill is judicially decerned to pay to John Smith smith ther She as executor or at least intro- missatrix with her deceast husbands goods and p-eare the 2 Boils Reare soume of 131ibs. Scots money as the pryce of two bolls Beare ^ I3> bought and receaved be the said defunct from the Complainer three years since in respect the said defender being lawfully summoned ofttymes called and not compeiring was holden as confest. The which day John Curry in Stitchill is decerned to pay to Hume. Robert Pringle merchant in Home the soume of 31ib. 18sh. Scots money conform to any produce receaved. In respect the said defender compeared personallv and confest the same with 12sh. money forsaid for expenses of pley. 20 merks. The which day Ritchard Taylor in Queenscairn is judicially decerned to pay to John Younger Tennent at Stitchill Milne the soume of 20 merks Scots money as the aggryed pryce of ane naig bought and receaved be the said Defender from the Complainer within these six vears or therby In respect the said defender being lawfully summoned ofttymes called and not compeiring was holden as confest. Hume. The which dav James Marjoribanks wright in Stitchill is judicially decerned to pav to George Gib in Home the soum Mare/ia. ios. of 12lib. 10sh. Scots money as the cost of ane mear bought and receaved be the said defender from the complainer ane year since In respect the said defender compeared personally and confest the same with 24sh. of expenses. The which day the said James Marjoribanks is judicially Milierstain. decerned to pay to John Meilke in Mellerstayn the soum of 1706] BARON COURT OF STITCHILL 155 Glib. Scots money as the pryce of half ane boll of oat meal 1 h Boll Meal £6. bought and receaved be the said defender from the said corn- plainer on Whitsunday last (the term of payment being first come and bygone being Mertimes 1705) Ex confessione rei. Gulielmus Pr ingle Xotarhis Publicus cler. The which day John Curry in Stitchill is judicially absolved i load of meal from the Lyble persued at the instance of Margrat Black in ^ 27 ' Stitchill against him wherby she acclaimed from the Defender 271ib. Scots monev as the pryce of ane load of meall which belonged to her and to Patrick Millar her deceast husband with which the defender being then the complainers servant was entrusted to sell at Edinburgh and to be comptable to the complainer and her said deceast husband 6 years since or therbv And trew it is that without any order from the com- plainer or her husband the Defender trusted the said meall and has never compted nor paved the same, and therfor ought to be decerned to make payment therof as the Lyble bears. Which being called and the said defender compeared and denyed which was referred be the said persewer to her oath of verity simpliciter who being solemnly sworn upon his great oath deponnid negative to the haill points of the Lyble and that he had compted for the meall lybelled and that he was owing nothing to the complainer nor her deceast husband and this is the truth as he shall answer to God sic subscribitur John Currie In respect therof the said Judge assoilzied in manner forsaid. The whilk day the wholl Tennents and Cottars in Stitchill Decreit against are judicially decerned for the annual rents of rents due by Tenants ' them after the term of Mertimes this present year 1705. Allowing the possessors of fourth parts in the Maynes to Act anent the put on sheip upon their grass in place of a cow according to Mayns - the Common Stent if thev think fit. Ane other Barron Court holden at Stitchill Kirk be Sir John (ioo) Pringle of Stitchill Knight Baronet Heretable Proprietor of 1/0 ' * ° % ' 1 the Lands and Baronnv of Stitchill upon the 16 day of November 1706. Curia legittime affirmata. The which day Adam Chairtris in Stitchill and Andro Debts. 156 THE MINUTES OF THE [1706 Hogart caryer ther are judicially decerned to pay to Andro alias David Hogart younger either the soums of money under- written for the causes efter specified ilk ane of them for their own pairts as is efter divydit To witt the said Adam Charteris the soum of 51ib. 6sh. 8d. Scots money as the remainder of the pryce of ane bargain of oats which was instructed by the defender to be sold at Dalkeith and which was disposed upon by him at Lambmes bygone a year. In respect it was alledged by the persewer that the Defender Chairteris undertook for his payment of the said proportion for probation referred the same to the defenders oath which he deferred to the persewers oath who being solemnly sworn upon oath deponed that the Defender Charteris expresly promist payment of the soum lybelled Wherfor the Judge decerned in manner forsaid with- out allowance of any expenses except what was expressly paid out at selling the oats Item the said Andro Hogart the soume of 59sh. 4d. Scots money borrowed and receaved be the defender Hogart 4 years since ex confessione rei And was assoilzied from the remaynder of the soum lybelled In respect of the persewers refusal to give her oath upon ane exception of payment proponned be the defender. The which day John Brown Tenant in Stitchill is judicially decerned to make payment to Andro Johnstone servitor to John ffairbairn in Rowes the soum of 161ib. Scots money as the agryed pryce of certain beare and oats which grew at Sweethope. Sweithope sold and delivered be the persewer to the defender cropt 1705 which should bein payed the first of May last In respect the said defender being lawfully summoned oft tymes called and not compearing was halden as confest. The which day John ffairbairn Tennent in Stitchill is judicially decerned to pay to William Dickson ther the soum of 34sh. and a farthing Scots money as the ballance of ane Accompt dew be the persewer with 6d. of expenses. Gulielmus Pringle Notarius Publicus cler. (101) Ane other Court holden at Stitchill Kirk be the Right 1707, January Honourable sir j ohn p r i ng le of Stitchill Knight Barronnett upon the 11th day of January 1707 years. Curia legittime affirmata. BARON COURT OF STITCHILL 157 The which day anent the Lyble persewed at the instance of Alexander Scott servitor to John Lawrie in Stitchill with concurrence of Procurator ffiscall against Walter Scott in Stitchill Making mentione that when about 20 days since or therby the said defender in ane furious manner scandelized the Scandal £10. said Janet Puntem in her good name and reputation by threatening the complainer and calling her banisht bitch and desyred to her to come out that he might draw blood of her about the eyes wherby he has comitted ane manifest scandall and ryot and therfor the said defender ought and should not only be unlaid and amerciat conform to the Acts of Parlia- ment but also punyshed in his body to the terror of others to commit the lyke in tym comeing And also to make satisfaction as accords As the Lyble more fully bears Which being called the said defender compeared personally and denyed, which the persewer referred to his oath, who refused to purge himself by oath and therfor amerciats him in ten pounds Scots money Decerning to Janet Puntan the party wronged Thrie pound therof for which she is allowed to poynd his goods and doe any other diligence wherein she has a mynd. Also requires Alexander Lowrie to give all concurrence and assistance to the party wrongid in case she have a mind to persew the said scandall before the Kirk Session or any other competent Kirk Session, judicatory for reparation of her good name. The which day Alexander Scott in Stitchill is amerciat in seizure of pot. 51ib. Scots money for ane spuilzie committed be him in offering Spu n z i e ^ 5> to take ane pott out of the said Alexander Scott his brothers house forcibly. Ex confessione rei. The which day John Brunton smith in Stitchill and Adam Charteris ther ar ilk ane of them amerciat in 51ib. Scots for Riots £5. ryots committed ilk ane of them upon others in tyme of Teynding and stopping therof. Teinding. The which day Andro Watson in Stitchill is judicially Debt, decerned to pay to John Younger miller at Stitchill milne the soum of 51ib. 4sh. 6d. Scots money resting of a greater soum conform to ane fitted accompt this day betwixt the Persewer and defender In respect of the defenders own confession with lOsh. money forsaid of expenses. Act discharging all possessors of ground in the Mayne 158 THE MINUTES OF THE [1707 Bourlae Court. Green pease in fourth aikers or any other ground within the Barronny of penaUy^io. Stitchill not exceiding ane quarter of ane husband-land to putt green peise in all tyme comeing under the pain of lOlib. halfe therof to be given to the Informer. The foresaid Act is referred to a Bourlae Court that it may be considered by the possessors themselves how far it may be convenient or inconvenient for them, and ordains a Bourlae Court to be halden for this purpose the first Saturday of May nixt. The which day the w r holl Tennants and possessors within the Barronnie of Stitchill ar judicially decerned for ther rents resting unpayed at Mertimes last and annual rents of the same from the said term so long as they are unpayed. Rents and interest. (102) The which day David Hogart in Stitchill is decerned to s'eUs Sacking pay to John Paterson weaver ther lOsh. 8d. Scots money for ios. 8d. g e j| s Q £ sac ki n g- c loth wrought be the complainer to the de- fender 2 years since at Candlemes last. The which day anent the claim persewed by James Service Alexander Hislop, James Turnbull, and Adam Hogart Ten- nents in Stitchill against John Richison dyker ther Men- tioning that wher in March last the saids complainers for themselves and in name of the rest of the nighborhead im- Folds. ployed the defender to build four folds which the defender undertook to mount in of the said faulds for serving their sheep immediately efter the said conditione which he has not yet performid and therefor he ought and should be decerned to make payment to the complainers the soum of . . . for Bourlae Court, coast, skaith and damnage. Which the said Barron and Judge taking to consideration referred the matter to the decision of the Bourlae Court. (103) The which day Anent ane petition given in by John 1707, Nov. 8. Dickson taylor in Kelso and Agnes Hamilton his spous, shewing Headstones. that whereas George Hamilton in Smailholm Spitle having at his own hands about 5 years since or therby causid lift twa heids which belongid the petitioner Agnes Hamilton her deceist father and brother and lies disposed upon the same And therefor the Petitioners humbly cravid that the said Barron and Judge will be pleasid to appoint such persons as BARON COURT OF STITCHILL 159 his lordship should think fitt to take try all of the same and report. Gulielmus Pr ingle Xotariu.s Publicum cler. And that the said twa Heid stanes may be restored back to the petitioners and set up in the places thev were formerly takin from And vour lordships authority etc. Which petition the Judge taking to consideration ordavns Alexander Lowrv with assistance of Adam Hogart wright, John Underwood beddell, George Hamilton Tennant John Donaldson and Richard Givan to take under ther consideration the contents of the said petitione and to make report of the same instantly as betwixt and this dav eight davs Who having instantlv viewed the ground reports that according to ther best knowledge and judgment the headston that was sett at George Hamilton wright his grave doth still remain ther. And lvkewvse that it is not consistant with ther knowledge that the said George Hamilton his sone had a headston at his grave nor that the within-designed George Hamilton had removed anv head- stones during his residence at Stitchill or since. And ordavns extracts heirof to be given to the parties if they think fitt The forsaid report sic subscribitur Alexander Lowrie John Donaldson. Robert Givan. Adam Hogart. George Hamilton. John Underwood. Ane Barronny Court holden at Stitchill Kirk Be the Right ^ j C ~ Honourable Sir John Pringle of Stitchill Knight Barronnett Heretable Proprietor of the Lands and Barronnie therof upon the forsaid 31st January 1708. Curia legittime qffirmata. The which day Anent the Lyble persewed at the instance Burial in Linen of John Underwood Procurator ffiscall of this said Court forbldden - against John Brunton smith in Stitchill James Sheill ther. Peter Grigor ther, John Anderson ther. James Dods ther. John Smith ther, John Brown ther, James Steinson in Hume Byres Mentioning that wher be Act of Parliament of date the 25th day of March 1707 years All the leidges and subjects within this Kingdom ar expressly prohibit and dischairged to wind ther deid in Linnen cloth and trew it is that the fornamid persons and ilk ane of them have contraveined the 160 THE MINUTES OF THE To^be Buried in said Act of Parliament in not burying their deid in woollen 1 viz.. — The said John Brunton for his mother-in-law. James Steill for his child, Peter Grigor for his child, John Anderson for his sone, James Dods for his child, John Smyth for his wyfe Agnes Dicksone, John Brown for his wyfe Margaret Cockburn, James Steinson for his child, And therfor they ought and should be decerned ilk ane of them in the soum of 200 Penalty ^200. pounds Scots money and the halfe therof to be applyed to the use of the poor conform to the Acts of Parliament thereanent as the Lyble bears. Which being called and the defenders being lawfully summoned oft tymes called and not compeiring was holden as confest except the said defender John Brunton being necessarily absent and in regard it was credibly attested by several] persons that his mother in law died before the dates of the Act and lykewyse attested be the Defenders own wyfe Wherfor the Judge and Barron assoilzied the said defender Brunton in manner forsaid and decerns against the rest of the absents And the rest in the Lyble compearing in the said soume of 200libs. money forsaid and ordaines the halfe therof to be applied to the use of the poor conform to the Acts of Parliament theranent. In respect the saids persons compearing confest they had contraveined the said Act of Parliament anent burying in woollen. Lands out of The which day anent ane Complaint given in be Robert rotation. Wax servant to the said Sir John Pringle against Adam Charteris and Alexander Hyslop Tennants in Stitchill shewing that wher the fornamid persons contrair to neighbourhead and practices of the Barronnie put their lands out of the ordinary breaks and therfor they ought and should be decerned to make payment to the said persewer as ffactor forsaid to the said Sir John Pringle of the soum of ... as cost, skaith and damnage as the said Complaint bears Which being called and the said Judge and Barron rinding that the defender Hysloppe by his own confession has prejudged the ground he possest in 1 This Act of Parliament was passed with the object of encouraging the woollen trade in the kingdom. And ministers of religion were enjoined to see it carried into practice ; hence the rural Scots custom of having the clergyman present when a body was chested or placed within the coffin. i;o8] BARON COURT OF STITCHILL 161 plowing up Lie ground which had only lyne for one yeare And therfor decerns against him in Ten pounds Scots for making up of the loss and damnage yearly And ordayns such effects as the said Adam Charteris hes within the Barronnie yet remayning to be socneid and arreisted till he satisfye for the Socneid. damnage done be him in manner forsaid. The which day Agnes Lamb in Stitchill is decerned to pay Land-tilling, to James Turnbull tennent there the soume of 30sh. Scots money in compleat payment of 30sh. money forsaid acclaimed be the persewer fra the said defender as the remayn of the pryce of certain land-tilling within these 3 years or therby In respect the persewer refused to give his oath upon the verity of the Lyble efter the same was deferred therto. The which, day the said Judge and Barron sitting in judg- Unpaid Rents, ment decerns against the haill tenants and cottars who have not yet payed in their rents dew at Mertimes 1707 or who shall not pay them betwixt and the third of the nixt moneth for the saids rents and the current interest therof from the said term of Mertimes so long as they remayn unpayed. Gulielmus Pringle Not arms Publicus cler. Curia legittime affirmata. The which day Alison Hogart in Stitchill is inlaid in one (105) shilling sterling for breaking of a Firr tree branch at her own I7 ° 8, May 8 ' hands without liberty given to her for that effect. As also the said day the said Sir John Pringle sittand in Rents and judgment decernes against the Tennants within the Barronny inlerest - of Stitchill as shall failzie in payment of ther rents at Whit- sunday nixt for the annualrents therof from the said term of payment. The which day Thomas Watson in Stitchill is decerned to Eaten Oats pay to Robert Gottrae ther the quantity of seven halfe fulles and Bear " of oats and one peck with halfe peck of beare eatten and destroyed be the Defenders Bestiall in harvest last conform to note of apprysing submitted be Alexander Lawrie John Donaldson and Alexander Wilsone ordinar comprisers within the Barronnie produced in process as the pryce therof of the 1 Boll Oats said oats at 4Kb. lOsh. the Boll and the beare at the rate of IOS * 51ib. lOsh. the Boll at the option of the Defender either to L 162 THE MINUTES OF THE [1708 pay that value or corn in specie conform to the said quantity lvbelled and that within 8 days otherways to be lyable for the value in money. Curia legittime affirmaia. ^(106) Which day compeared the wholl tenants of the said Barronnie being lawfully warned and called to that effect. Two horses to The said day Robert Weir in Stitchill is decerned to pay to Shyster. George Hamilton in the Hill ther the soums of money follow- ing for the causes efter specified viz. — The soume of 4sh. sterling as the prvce of Two horse cariages to Dalkeith or any other part round within that distance or to lend the persewar twa horse to Dalkeith or to any other part round within that distance and that within 21 hours advertisement with this certificatione that if the complainer doe not require the saids horses- betwixt and the term of Whitsunday nixt as otherwavs shall have no farther claim to them and lvkewyse the soum of 20sh. Scots money for two horse cariages to him to Hundalee in the same maner in Summer last both as to the tvme of performance with 9sh. money forsaid for muck leid- ing with 16d. for twa leids of oats carying to the mylne Item ane grot for 2 reists Ejc confessione rei. (107) The Court of the Lands and Barronnie of Stitchill haldtn 170:., April 23. afc the Kirk t h ero f be the Right Honourable Sir John Pringle of Stitchill Knight Barronnett Heretable Proprietor of the Lands and Barronnie therof upon the forsaid day moneth and year above written. Curia legittime ajfirmata. Lint in lochs The which day the said Sir John Pringle sittand in judg- etc. 40s. ment anent the complaint given in be John Underwood Pro- curator ffiscall against the Tennants and Cottars within the Barronny of Stitchill for transgressing the Acts of Parliament made against steiping of green Lints in Loches or burns to the prejudice of the fishes therin and bestiall that drinks of the waters therof The said Judge fyned the Tennants and Cottars Contumacy compearing ilk ane of them in 40sh. Scots money in respect of <£ ia ther confessions and ilk ane of the absents in lOlibs. money forsaid for contumacy In respect they were lawfully cited to have 17 io] BARON COURT OF STITCHILL 163 compeired that day and place ofttymes called and not compet- ing wherfor the Judge unlaid in manner forsaid and ordayns the absents to be cited to the nixt Court day with certification. Curia legiU'ime qffirmata. The whilk day being ane Head Court the wholl tennants and ( io s) cottars compeiring being lawfully warned for that effect and I7 °9- Nov - 5- took Instruments of their compearance and were unlaid for transgressing the forsaid Act of Parliament conform to the Termes therof. Act ordaining all within the Barronnie of Stitchill to make payment of punctuall payment to the Schoolmaster of the quarters fees schoolmaster, at ther Entrees Declaring that efter any has begun a quarter and removes ther children from the school befor the said quarters be finished they shall have no allowance of what shall be wanting of the said quarter nor shall be allowed to count the same upon the beginning of ane other quarter Nor shall be allowed any single days that are intermitted in a quarter Excepting from this Act the cause of sickness only for which allowance may be claimed. Curia legittime qffirmata. The which day Agnes Lamb relict of the deceast Thomas (109) Underwood wright in Stitchill and Robert Weir tennant in ay Park End ar judicially decerned to pay to Robert Pringle merchand in Home the soumes of money following ilk ane of Debts, them for ther own pairts as is efter divyded viz. — The said Agnes Lamb the soum of 31ib. 7sh. Scots money as the re- mainder of certain Lint bought and receaved be her fra the complainer 5 years since ; The said Robert Weir 51ib. 9sh. money forsaid for certain iron bought and receaved be him fra the complainer a year since In respect the said defender Lamb and Robert Weir his wyfe compeared both personally and confest the forsaid soums to be justly resting wherfor the Judge decerned in manner forsaid. The which day Peter McGregor in Stitchill is decerned to Waulk mill, pay to John Watson at Stitchill walk mylne the soumes of money following for the causes specified, viz. — The soum of Milling and 28sh. Scots money for milling and dressing of 14 ells of gray ssfper eif. ray 164 THE MINUTES OF THE at 2sh. per ell Item 17d. for cloath milled and prest at the 29th June last extending to °,lib. 5sh. money forsaid. Nag. The which day the said Peter McGregor is decerned to pay to John Currie in Stitchill the soume of 91ib. lOsh. Scots money resting of the pryce of ane naig bought and receaved be the defender fra the complainer at Mertimes last as the pryce of a cappfull of meall bought and receaved at the tym forsaid In respect the persewers oath being deferred therto by the defender. 4 fulls horse The which day the said Peter McGregor is decerned to pay to James Manderstone in Harlae the soume of fourty fyve shillings Scots money as the pryce of four fulls horse corn bought and receaved at Chalamas 1 last. E.r confessione rei with ten shillings of expenses. The which dav Issabell Pringle in Stitchill spouse to James Wilson in Kelso is decerned to pay to Robert Wood taylor in Stitchill the soum of 91ib. Scots monev resting of the soum of 161ib. money forsaid promitted be him in name of prentice fee with her son James Wilson In respect the defender being lawfully summoned ofttymes called and not compearing was holden as confest. Cow /2 4 . ii. 6. The which day Thomas Donaldson in Stitchill is decerned to pay to Alexander Hislop tennent ther the soum of 24lib. llsh. 6d. Scots money as the pryce of ane Cow bought and receaved be the defender fra the complainer ane moneth since In respect of the persewers oath. Teinding The which day the said Judge and Barron sitting in judg- and^s.^stg! ment statutes and ordavns in all tyme comeing the small possessors in the toun of Stitchill attend the Teynding upon the first wairning and upon ther negligence and faillzency herein impowers the officer within the Harronnie to poynd summarily and immediately to the value of lsh. sterling and this for delaying to come out but if they be absent the wholl tym to the value of osh. sterling and this to proceed upon summer poynd ing. Expiry of Act Declairing that when any of the small possessors in the Mavnes and acres of Stitchill give over ther possessions at the 1 Candlemas. February 2. 1712] BARON COURT OF STITCHILL 16-5 term of Mertimes as is customary with severally They shall be obleidged to refound the value of the gras they possessed the year before without any deduction or allowance for herds fee or other expenses and lykewyse declairs that any of the saids possessors giving over in manner above exprest shall have no right to the fail of that years cropt nor any fuill mad about ther house but shall leave it to the next possessor of the ground without any payment on that accompt or con- sideration therfor. The forsaid dav William Watson George Aitchison James Be- - ^ Turnbull David Hocrart Alexander Hamilton and John o Watson were admitted Bourlaemen who gave ther oath de fideli ad m i n isirat'ione. The which day Robert Haliday in Stitchill is decerned to pay to Alexander Hislop ther the soum of 14lib. Scots as the ' '~' pryce of ane Xaig bought and receaved be the Defender fra the Complainer at Kelso Fair last In respect the said defender being lawfully summoned oft tymes called and not compearing was holden as confest. The which day James Turnbull in Stitchill is assoilzied Riot -^wiri^, from ane Ryot and Blood alledged comitted be him upon Thomas Pearson ther In respect of the defenders oath being referred therto by the perse wer. The which dav anent the claim persewed at the instance of Alexander Hislops against Andro Watsone and Thomas Hog- : in judgment hes absolved William Hope herd to John Younger miller at Stitchill from the claime persewed. at James Watsons walker his instance against him for twenty six shillings Scots apprysed be the Bourlae men for alledged damnage sustavned be the said James Watsone bv the said William Hopes neglect conform to ane note of apprysing produced In respect of the persewers refusal to depone being deferred thereto by the defender. The which day Thomas Hogart in Stitchill is judicially Debt, decerned to pay to John Mack Tennant in Gordon Mains the soum of Ten pounds Scots monev as the remains of the prvce of certain sheep bought and receaved be the defender from the 16S THE MINUTES OF THE complainer 3 years since In respect of the perse wers oath being deterred therto by the defender. The which day William Blackie Tennant in Parkend is decerned to pay to Robert Hopper Tennant in Idenmith the soum of 24lib. lsh. Scots money as the remainder of the pryce of a meer boj^ht and receaved be the defender from the corn- plainer at St. James Fair last which should have been paved at Mertimes last In respect the said defender being lawfully summoned to have compeared this day and place oft tymes called and not compeiring was holden as confest. z*zz. The which day John Underwood w right in Stitchill is judicially decerned to pay to Robert Thomson servant to John Younger tennent in Stitchill the soum of 91ibs. Scots money borrowed and receaved be the said defender from the corn- plainer 2 years since In respect the defender being lawfullie summoned oft tymes called and not compeiring was holden as confest. . The which day Patrick Grigor in Stitchill and David Broune sklaiter ther is judicially decerned to pay to Robert Pringle merchant in Home the soums of money following for the causes ef:er ^pec:^ed To witt the said Patrick Grigor the soum of 24sh. 6d. Scots monev which the defender became debitor to the complainer for Margaret Black 8 yeirs >ince Item 16sh. money 1 r: forsaid as ve remainder of the pryce of Lint seid comptid and reckoned betwixt the complainer and defender this day The said David Brown 28sh. money forsaid for merchandise goods six vears since In respect the said defender being lawfullie summoned oft tymes called and not compeiring was holden as confest. Mare £3. The which day William Blackie Tennent in Park End is decerned to pay to Alexander Hislop Tennant in Stitchill 3libs. Scots money as the cost of ane mear which was payable at St. James Fair last In respect of absence being lawfullie summoned for that effect. is- , - =. The which day John Browne cowan in Stitchill is judicially dyker. decerned to pay to John Smith smith ther the soums of money following for the efter causes specified To witt 31ibs. Scots monev as ye pryce of halfe a bflilc bear boogbt and receaved be ye defender from ye complainer 6 years since Item 56sh. 17 1 3] BARON COURT OF STITCHILL 169 Scots money forsaid as the pryce of halfe a boll of oats bought £ boll oats 56s. and receaved at the Time forsaid Item 161ibs. money forsaid .as ye pryce of 10 pks of oatmeall bought and receaved 4 years 1? pecks meal since In respect of absence being lawfullie cited. GuUelmus Pringle Notarius PubUcus cler. Ane Head Court halden at Stitchill Kirk Be the Right ("3 1713, Nov. 14. Honourable Sir John Pringle of Stitchill Knight Baronnett Heretable Proprietor of the Lands and Barronnie therof upon the 14th day of November 1713 years. Curia legittime affirmata. The which day Robert Haliday in Stitchill is judicially Plowing £3. decerned to pay to Alexander Hamilton in Maynrig the so ume of Slibs. Scots money resting for plowing of certain lands possest be the defender 3 years since In respect of the defenders acknowledgement that the soum lybelled is owing. The which day George Aitchison elder merchant in Stitchill Riot £10. is unlaid in lOlibs. Scots monev for ane Rvot comitted be him upon Josua Locke gardener at Neuton and his brother ex con- J'essione and is assoilzied from the Blood in regard not proven as also James and George Aitchison younger ar unlaid in Ten contumacy pounds Scots for contumacy and ordavned to be cited to the £ 1Q - nixt Court day. The which day Adam Hogart caryer in Stitchill is judicially Debt, decerned to pay to Mr. John Dicksone Minister at Lantrive the soume of 32 pounds 6sh. Scots monev as the pryce and worth of certain victual bought and receaved be him from the Complainers father 17 years since or therbv In respect the said defender being lawfully summoned to have compeared this day and place oft tymes called and not compeiring was hoklen as confest. The which day it is statute and ordavned that in all tyme Actanentthe •comeing the mylne but not the houses belonging to it be MaL furnished with strae be the Tennants proportionally to the husband lands within the Barronnie ordaining them to carry the said strae according to their proportions to the Mill, and that the said Mill be furnished with divots proportional ly thrcT the Barronnie conform to the husband lands. But 170 THE MINUTES OF THE [1713, ordayning that the Millar both cast and lead the saids divotts upon his own charges. Act anent furnishing of divots to the coat houses Manses and houses belonging to it Mill and Tevnd barne Malt barne and kiln and generally other houses within the Barronnie that may neid reparation. Item it is statute and ordained that the Burlaemen meit twice in the yeare viz. the first Saturday of March and the first Saturday of October at which Courts of the Bourlaemen any possessors of the houses above written may give in accompt of what divots they need for repairing their houses and the Bourlaemen are ordered to divyde and proportion the same in the most convenient and equal manner to all concerned amongst the several! husbandlands of the Barronnie including therein Queenscairne Sweithope and the Park End but not the inclosures of the Craigend. Act ordaining all such as put any horse or other beast- upon the Hall hill to concurr in fencing it so as it adjoins to the fourth aikers Including therein that part of the fourt Aiker presentlie possest be John Younger and ordain- ing the wholl residenters within the Baronie to concur for mending of ways digging of wells or any other thing of that kind. Gidielmus Pringle Xotarius PubUcws cJer. The which day David Brown sklaiter in Stitchilland Issobell] Edmonstoun his spouse is decerned to pay to Margaret Clark ther 41ib. 5sh. Scots money for drink furnished be the corn- plainer to the defender a year since In respect of absence being lawfully summoned. Ane uther Head Barron Court halden at Stitchill Kirk Be the Right Honourable Sir John Pringle of Stitchill Knight Barronet Heretable Proprietor of the Lands and Barronnie ther upon the 6th day of November 1714. Curia legitt'nne afpnnnta. The which day Agnes Lamb relict of the deceast Thomas Underwood wright in Stitchill is judicially decerned to pay to Margaret Black in Stitchill the soume of 3sh. sterling BARON COURT OF STITCH ILL 171 for aill furnished to her 3 years since In respect to the persewers oath being deferred therto he the defender. The which day Issobell Pringle in Stitchill and James Debt. Wilson her husband for his interest is decerned to pay to Robert Givan Tennent in Sweethope the soum of 61ib. 6sh. 8d. Scots money for certain oats bought and receaved by the defender fra the complainer 3 years since In respect the defender being lawfully summoned oft tymes called and not compeiring was holden as confest. The which day George Hammiltoun in the Hill is decerned to Wool, pay to . . . Whyte skinner in Kelso 43sh. and a farthing Scots money for wool bought and receaved be him from the com- plainer ane year since In respect of the Defenders confession. Payed at the barr. The which day all Acts are renewed anent of keiping of ye Swine, swine and furder dischairges keiping of swyne at any rate excepting within crooves and clos houses. Stitchill Aprylle last 1715. (n6) Curia legittime affinnata. The which day Sir John Pringle of Stitchill Knight and Bar- Debt, ronnett sittand in judgment hes decerned and ordained John Brown in Stitchill to pay to Robert Thompson ther the soume of six libs. Scots money borrowed and receaved be the defender from the complainer 6 years since or therby In respect the said defender being lawfully summoned oft tymes called and not compearing was holden as confest. The which day Andro Watson Margaret Lithgow Alexander Whins. Johnstoun Jainet Airmstrang Margaret Hopper Agnes Ker Robert Purves and Issobell Phaup cotars in Stitchill are ilk ane of them amerciat in six pence a [piece]. In respect they being conveined at the instance of the Procurator ffiscall for cutting of whins in the whinnie park efter they were dis- charged and the defenders being all lawfully summoned to have compeared this day and place oft tymes called and not compeiring wherfor the Judge decerned in manner forsaid. As also the said day George Wilson and John Millar in Not proven. Stitchill ar judicially absolved from the forsaid Lyble and complaint in respect not proven that they had taken away any 172 THE MINUTES OF THE Baron Bailie. whins after the prohibition. The which day John Lowrie in Queenscairne is appointed to be barron-baillie. , Dec. White Nag E-.ve Hog 4csh. Riving out balks. Meal. Bo v la men. The Court of the Lands and Barronnie of etc. upon the 10 December 1715. Curia I. aff. etc. The which dav John Millar in Stitchill is judicially decerned to content and pay to Alexander Hislop tennant ther the soume of 241ib. Scots money as the pryce of ane whyte naig bought and receaved be the defender from the complainer at Candlemas last which should have been payed at first day of May last wherof he refused payment In respect the defender being lawfullie summoned oft tymes called and not compeiring was holden as confest. The which day Thomas Bosuall herd in Queenscairne is judicially decerned to pay to Alison Lawrie ther the soum of 40sh. Scots monev as the value of ane eu hog lost be the de- fender pertayning to the complainer which was delyvered to the defender to be herded In respect of the defenders confessione. The which day the said Sir John Pringle sittand in judg- ment apoynts and enacts that herafter no Tennent or possessor of Land rive out baulks or any part of them or any peice of gras ground t na t hath not been in use to be tilled befor As also that no po-sessor of Land herefter mow down the stubble of ther corne land efter the corns ar reaped with the hook and especially that none mow the stubble of ther pies of ground whether shorn or unshorn under pretence that the crop failled and that the same was overgrown with grase under the penalty of 401ib. Scots to be payed be the transgressors such as to this and the artickle above of riving out balks. The said day Issobell Pringle in Stitchill is decerned to pay to William Dickson Tennent in Oxmoor 31ib. Scots money as ve remainder of the prvce of a stone of meall In respect of absence. The which dav John Millar John Thompson Andrew Sheill Patrick Gla-gow and Peter Grigor was addit burlamen who gave ther oathe cle jideli. In8) 1716, May 12. May 12 1716. The said day George Brown in Hare heuch was appointed BARON COURT OF STITCHILL 173 officer for that part of the Barronnie of Stitchill which lies within the sherifdome of Berwick. The Court of the Barronnie of Stitchill being ane Head Court etc. upon the 3rd day of November 1716 Curia etc. The which day the said Sir John Pringle sittand in judg- Carriage o ment hes appointed and enacted as follows : — Wheras frequent ^ P complaints hath been made by such as use to hire ther horses for money that they ar not able to cary divots from the remotest marches wher they are usually casten to the coat houses in the toun of Stitchill at the old and accustomed rate NV*rate-. of llib. Scots the 1000; Therfor for ease and remedy hereof it is appointed and enacted that in all tyme comeing so long as this Act stands unrescinded the manner of affording divots upon the respective tenements shall be determined as follows viz., for Queenscairn all along the south side of the hill from the west end of it to the east syde of infield including little muire lying upon the east syde of the said infield and no farther Item for Runningburn to the east end of Brewers acre Brewer's a and no farther Item for Fleemrigg to the east end of the bog lving upon the south side of the Eister Loch called Paddon Paddon L Loch Item for the Main rig from the west end of the wester meadow up and down and no farther except the . . . mvlne to which divots may be led from the remotest part of the Mainrig. Item for the Park End anywher within the eastmost division Gaiaiaw. of the Galalaw Enclosures and no farder. With this provision alwavs that the Tennents possessors of these respective roums shall have it in ther choyce when the cast of the divots is made to order it in the bounds above mentioned or in the remotest marches ar anywher else without the said bounds or if thev choyse this last that the burden of carving the divots either in wholl or in part shall ly upon themselves at the old rate of lib. per 1000 but if they keep to the bounds above prescribed thev shall not be lvable to the burden of leading: them but that shall fall upon the small possessors of the town who have horses and ar in use to let them out for hyre. The Croftheads. bamvard and Mayns are not here mentioned becaus the leading them from the remotest parts of these roums is easy enough. 174 THE MINUTES OF THE [1716 Hnmebyres. Smailholm. 3 pecks meal 45 s - Debt. Service to the Barony. Riot £5. Blood 50s. Bound over. Penalty The which day John Millar in Stitchill is judicially decerned to content and pay to John Lamb servitor to John Stevenson Tennent in Homebvres for leading stones at Smailholm bog at the late work ther at Lambes byegane a yeare being employed be the Defender wherof he promised payment ex confessione ret. Extracted 21 sh. of expenses of pley. The which day Peter McGregor is decerned to pay to George Dickson under miller at Stitchill milne the soume of 45sh. Scots money as the aggryed pryce of three pecks oat meall bought and receaved be the defender from the complainer two years since In respect he was lawfully summoned oft tymes called and not compearing was hoi den as confest. As also David Broun sklaiter is decerned to pay to the said George Dickson the soum of 33sh. money forsaid as the pryce of certain meall resting 4 or 5 years since In absence being lawfully summoned to this day for that effect. The which day all the Tenants and cottars ar ordained to meit on Monday nixt at 8 in the morning with John Younger for adjusting his claime annent his service done to the Barronnie last year and appoynts intimation hereof at the Church Door under the penalty of 51i. for each absent. The which day John Miller Tennant in Stitchill and Margaret Turnbull his spous ar amcrciat in olib. Scots money for ane Ryot committed be them on John Donaldson com- plainer his son and his spouse as also the said Margaret Turnbull is amerciat 50sh. Scots for ane blood comitted be her upon Issobell Haitly complainers wyfe. Ex eonfessione rei. And both parties John Millar and John Donaldson per- sewers and defenders are judicially enacted kmc hide to keip the peace and good behaviour ane with another in tyme comeing that they, ther wyves children families and the goods geares and possessions shall be harmless and skaithless at one anothers hands under the paine of 51ib. Scots money for each transgression herof they their wyves children families servants shall be found guilty by and attour reparation of damnages. The which day William Turner and Agnes Younger his spouse and John Miller and Margaret Turnbull his spouse ar judicially enacted kmc 'vide to keip the peace and good i7i/] BARON COURT OF STITCH ILL 175 behaviour ane with another in tyme comeing That they their wyves children families and other goods geares and possessions shall be harmless and skaithless at one anothers hands under the pain of 51ib. Scots money for each transgression herof that they their wyves children families or servants shall be found guilty by and attour reparation of the damnages. November 10 1716. Court lawfully fenced. (120) The which day Issobell Hoggart in Stitchill is amerciat in I?l6 ' Nov ' IO ' 5libs. Scots money for certain scandalous expressions against Scandal £5. Barbara Wilson and Issobell Henderson her daughter In respect of her confession. And lykewyse the said day Issobell Henderson spous to Alexander Hislop in Stitchill is amerciat in 5lib. Scots money for scandelizing the said Issobell Hogart in her good name by calling her ane Common hour and affirming that she had parted with bairne ane twelve months since and severall other opprobrious expressions and imprecations In respect the Lyble was sufficiently proven by famous witnesses. The whilk day the said Issobell Hagart is ordained to find Find caution caution for her good behaviour with her nighbors in tyme penalty ^ s " comeing under the penalty of 51ib. for each transgression. And lykewyse Inacts the 2 Issobell Hendersons and Alex- ander Hislop her husband for his interest to keep the peace and good behaviour with ther nighbours under the pain of 5 lib. Scots for ilk transgression. The which day Jennot Rutherford spous to James Wilson Debts, is judicially decerned to pay Margaret Broune daughter to the h. Scots money as the remainder of the pryce of cow bought and receaved be the said defender from the complainer at Mertimes last Item 5 grots as the remainder of the pryce of certain work with ane peck of hummel come or 8d. as the 1 peck hummel pryce therof In respect of the persewers oath being referred ccrn therto be the defender. The which day Patrick Millar in Stitchill is decerned and Loss of Seme ordained either to re-enter to Alexander Gardiner weaver in *** Stitchill his service otherways to pay the soum of 121ib. Scots money to the complainer as damnage lybelled sustained bv the complainer if it shall be found reasonable. The which day Issobell Purves in Stitchill is fvned of new Contumacy again in lOlib. Scots for contumacy she being lawfully sum- ~ ra moned to have compeared this day in the action of scandall persewed be Issobell Learmont spouse to Robert Purves in Stitchill with concurrence of the Procurator ffiscall against her and is ordained to be cited to the nixt Court day. Ita est attestor ego Guliehnus Pr'ingle Xotarius PubUcus predict, curia? cler. 14 June 1718 Curia legittime affirmata. (124) The which day Robert Pringle fiar of Stitchill in absence Sbm FHiSr of and as having commission from Sir John Pringle of Fiar - Stitchill his father, sitting in judgement anent the Lvable persewed at the instance of Ninian Gardiner elder and M 178 THE MINUTES OF THE [171S younger in Stitchill with concurrence of the Procurator ffiscall against John Millar Tennant ther, Margaret Turn- bull his spouse and Margaret Black his mother for bloods and ryots committed be them upon complainer and damnage sustained be the said Ninian Gardiner elder for want of his bees and certaine imprecations uttered be the said Defenders against the complainers which being called and the saids defenders and ilk ane of them being lawfully summoned oft tymes called and not compearing Wherfor the Judge unlaid Contumacy and amerciat ilk ane of them in lOlib. Scots for contumacy and ordained them to be cited to the nixt Court day. The which day the said Judge sittand in judgment Anent the Lyble persewed at the instance of the Procurator ffiscall against the said Ninian Gardiner elder, Alexander and Ninian Gardiner his sones and John Millar Tennent in Stitchill for Blood and ryots certain bloods and ryots committed be them and ilk ane of them hmc hide upon others and particularly the said Ninian Gardiner ther for throwing down the said John Millar and beatting him most cruelly to the effusion of his blood as the Lyble bears And the said defender Ninian Gardiner younger compearing personally who confest he was guilty of ane blood and ryot committed be him upon the said John Millar Wherfor the Judge amerciat him in 50lib. Scots money And fyne the said John Millar of new again for contumacy and absolves the saids Ninian Gardiner and Alexander Gardiner his sone in respect of ther denyall and no probation against them. (125) The Court of the Lands and Barronny of Stitchill holden i/i8, ov. 15. ^ ^ e Kirk ther be Sir John Pringle etc. upon the 15 day of November 1718. Curia etc. 3 stooks The whilk day anent the Lyble persewed at the instance of John Dickson taylor in Stitchill against Peter Grigor Tennant ther mentioning that when in Harvest last the said Defender most wrongously lifted off the ground posest be the per sewer thrie stoucks of the complainers oats and therefor ought to be decerned to delyver back to the complainer the said stoucks of oats in the defenders possession or else shew ane cause to i;i8] BARON COURT OF STITCH ILL 179 the contrair Which being called and the defender compearing personally confest that he took up the corn lybelled out of mistake but alledged the complainer had ane equivalent decerned to pay six pounds ten shillings Scots to Margaret Haitly in Hume. 1737] BARON COURT OF STITCHILL 193 James Richardson servant to Mr. Walter Scot in Bailly assoilzied. Know is assoilzied from the complaint of Robert Bruntfield in Hume who pursued him for fourteen pound 18 shillings Scots in regard he deponed in the negative therof when it was referred to the Court. 1736 May 15th. (i 4 6) Curia legittime qffirmata. 17361 May I5 ' Anent the Complaint given in by Mr. John Beveridge Baiilie Know, schoolmaster and William Donaldson indweller in Stitchill against Mr. Walter Scot tennant in Baiilie Know for eating their cornes in winter last by his sheep the same is referred to the next Court day. Robert Wilson indweller in Stichill is decerned to pay two pounds eleven shillings Scots to William Marshall in Stichill as also one peck of oats and eight fathom of ropes all which Oats and ropes, upon his own confession is due. As also William Marshall is assoilzied from a complaint of assoilzied, the above Wilson in regard to the Pursuer refuses to give his oath upon the verity of the complaint only three lib. weight of iron which said complainer charges and is referred to two men. 1736 November 6. (147) Curia legittime affimiata. 17361 Nov ' Mr. Walter Scot in Bailly Know is decerned to pay Skaith. Mr. John Beveridge and William Donaldson for the skaith receaved by his sheep yet superseding the extract of said decreet till next Court against which time Mr. Scot is allowed to prove that other peoples sheep were in that skaith as well as his He having desired time for that effect. 1737 Stitchill March 14. (l48) Curia legittime affirmata, r 737. March 14. The which day in consideration that Arthur Sim late Fugitive. indweller in Stichill is fled and absconded and that he is rest- ing several sums of money to different persons in the Bounds. Therefore the several persons putting in and proving their respective claims The effects left be the said Arthur Sim are ordered to be rouped and the money raised from their sale roup. N 194 THE MINUTES OF THE [1737 applied to the payment of the said debts by the Bailie of the Barrony. 1737 May 12 Stitchill. Curia legUHme qffirmata. Anent the cause betwixt Mr. John Beveridge and William Donaldson pursuers and Mr. Walter Scot defendant the said Mr. Scot failzies to prove that any sheep besides his own were in their skaith the pursuers are allowed to extract their decreet and put it into execution. John Davidson servant to John Laurie in Queenscairn is decerned to pay Mrs. Inglis in Kelso the sum of nine shillings and six pence sterling as the remains of an account due by him to his by his own confession. Catherine and Issobell Gotterstons, Alison Hoggart, Will Wilson, and Robert Thomson all indwellers in Stichill are decerned to pay to Mr. John Beveridge the following sum of school pav or wages due to him for teaching their children viz., — Catherine Gotterstone four lib. thirteen shillings four pennies Scots ; Isobell Gotterstone six lib. thirteen shillings four pennies ; Alison Hoggart four lib. ; Will Wilson two lib. thirteen shillings four pennies ; Rob Thomson one lib. six shillings eight pennies. Mr. Walter Scot in Bailly Know is decerned to pay to John Brown weaver in Stitchill the sum of one lib. fourteen shillings Scots of an apprisement of Kail destroyed to the complainer by ye defenders sheep. Mr. Walter Scott in Bailly Know complains upon John Cairnscroft his late servant in ten particulars, the considera- tion therof is referred to the 14th current. 1737 Stitchill May 14. Curia legittime affirmata. Anent the complaint exhibited last Court day by Mr. Scot against John Cairncroft witnesses being examined upon the several particulars which being considered together with the defenders acknowledgments he the defender is decerned to pay to the pursuer fourteen lib. thirteen shillings Scots in lieu of all damnages and so is assoilzied upon his payment. 1738] BARON COURT OF STITCH ILL 195 John Davidson servant to John Laurie in Queenseairn is decerned to pay to Mr. Scot in Baillv Know the price of his two Bolls four fyrlots oats ten capful of harlv of an apprise- ment and two hogs lost by him to ye said Mr. Scot. 1737 Stitchill November 8. 151 Curia legittime affirmata. I737 " A °*" The several Vassals and tennents being called compeared in the Court themselves or proxies. 1737 December 24. z V . The qlk day the effects belonging to the deceast Janet Armstrong were exposed to publick roup at the instance 01 the Barrony of Stitchill for the use and behoof of Jame> Currie her grandson being under age The Barronny having a right to her effects in regard she had been sometime main- tained at their charge as one of their poor. • 1738 Stitchill May 13. Curia legittime affirmata. VlT : - : John Dickson and Thomas Hyslop both in Stitchill are scandalous amerciat the first in ten pound the other in five lib. Scots with Modification as the Judge shall think fit for scandalous language used to one another. 1738 Stitchill May 27. Curia legittime affirmata. ~~ 7 27 Thos Hyslop is decerned to pay to John Dickson three shillings six pennies sterling. 1738 Stitchill November 11. Curia legittime affinnata. John Millar milner in Stitchill Miln as executor to William Millar his brother late tenant in Henderside is appointed to pay the general persons following their fees as having been servants to his deceast brother viz. Robert Thomson in Stitchill. George Lad la in Ednani. Robert Alexander in Kemfiat, Alex- ander Hyslop in Stitchill is ordained to pay six pounds Scots as the remains of a Bill due to John Dason tenant in Harper- town. 196 THE MINUTES OF THE [1739 (156) 1739 Stitchill May 10. 1739, Md y 10. Curia legittime ajfirmata. Robert Aymers in Stitchill is ordained to pay twenty pence to Will Donaldson Hassingden, John Millar in Stitchill Miln is also ordained to pay fifteen lib. Scots to Ralph Cannon- head in Edenmouth as fees due to him by Will Millar late in Henderside brother to the said Millar. Also the said John Millar ordained to pay six lib. four shillings Scots to And. Swanston in Hume upon the same account. Debts. James Hall in Stitchill is decerned to pay three shillings six pennies Scots to Will Donaldson in Hassingden and Alison Scot in Stitchill ten shillings six pennies Scots, and Alexander Hog there one lib. twelve shillings Scots to ye said Will Donaldson. (157) 1739 Stitchill November 10. 1739, TC * Curia legittime qffirmata. Ane Head Barron Court holden at Stitchill be ye Right Honourable Sir Robert Pringle Baronet heritable proprietor of the lands and Barrony of Stitchill compeared the whole tennants and cottars within the said Barrony and took Instru- ments upon their compearance. (15 8) 1739 Stitchill November 13. 1739. Nov. 13. Ane l aw f u ll y fenced Court John Lamb indweller in Stitchill is decerned to pay Will Johnstone indweller in Hume, the sum of two pounds Scots principall and eight pence of expenses of pley. Teinding. There was also a complaint by John Lawrie against John Underwood and Alexander Linen setting forth that when they were teinding the pease Harvest last, Peter Glasgow, Alexander Sim, and James Thomson refused to lead away some of said teind that was already drawn which the de- fenders acknowledged alledgeing for their excuse that every one of them had led more than their share Which defense was repelled, in regard that there was neither draughts upon the field at that time, and that they are allowed to act as accords against any of the Town that had not sufficient 1745] BARON COURT OF STITCHILL 197 draughts for leading away and each of the three are crown to be applied for the highways etc. their proportion of Teinds therefore amerciat in half a use of the Town in repairing 1740 Stitchill November. (159) The which day and place ane Head Court of the lands and I74 °' Barrony of Stitchill was holden by the Honourable Sir Robert Pringle. Curia legittime affirmata. The said day John Smith Schoolmaster at Stitchill was appointed clerk of the Barron Court. 1740 Stitchill November 8. (160) The which day ane Head Barron Court holden in the 174 °' 1 ° v ' Chamber of Nether Stitchill by George Laurie the Barron Bayllie of the place. ' 1744 Stitchill November 10. ^ The which day was holden an Head Barron Court in the Chamber of Nether Stitchill by the Honourable Sir Robert Pringle. The which day the Barron appointed George Laurie tenant in Queenscairn to be Barron Bailie in room of the deceast John Laurie late Bailie of Stitchill. 1744 Stitchill November 10. (161*) 1744, Lint. The which day the said Sir Robert Pringle sitting in judg- l/ ment discharges Act anent all Residenters in the Barrony of Stitchill to dress Lint themselves or by others either by beat- ing, rubbing, swingleing, drawing or heckling with candle- light (dressing) and likewise the drying of it at the fire by day or night under the penalty of twenty lib. Scots toties quoties if they shall transgress as above. 1745 Stitchill November 23. (162) • • ^745> -Nov. 23. The which day ane Head Barron Court was holden in the Chamber of Nether Stitchill by the Honourable Sir Robert 19S THE MINUTES OF THE [i/45 Pringle of Stitchill Knight Barronet Heritable Proprietor of the Lands and Barrony of Stitchill. The which day James Brown and John Sniitton tennents in Stitchill were chosen Burlawmen of the said Barrony and gave their oath de Jideli. James Brown : John Smitton his mark. . vi 174S Stitchill January 5. At a Barron Court held here this dav Agnes Laidlaw claimed a chest from Alexander Gray that belonged to her deceast mother in which was something of her own and her Mother's Which chest the said Alexander Grav detained till he should be payed a certain part of the wages due by James Ap-rt--. :t Fer Laidley her son a- app re n tice fee lor the said Mother btring cautioner in the Indentures. Parties being fullv heard and the affair delayed to another Court dav George Dickson offered to be caution to Alexander Grav for the ten shillings sterling claimed as above providing the said Agnes Laidley might have the chest above mentioned Which the said Alex- ander Gray accepted of and accordingly by appointment of the said Honourable Sir Robert Pringle sitting Judge, the said George Dickson enacted himself in the Court Book to pay the above claim of ten shillings sterling to Alexander Gray in case the same shall be found due and accordingly the chest was ordained to be given up to the said Agnes Laidley and the Indentures delivered to said George Dickson. . (itn) 1745 Stitchill November 9. 1 When a compearance was made bv the whole hou>eholder> or their procurators at their Barron Court. 1 This was the first court held after important modifications had been made upon the jurisdiction of Baron Courts. By an Act passed in the reign of George U. it was enacted that, from and after the 25th March 174S no heritor of lands in Scotland, erected into a Barony, or granted with lower jurisdiction, or their Bailies, shall have any jurisdiction in capital cases : and no such Baron or other heritor infeft cum curus, or their Bailies, shall have any jurisdiction in any criminal cause, other than assaults, batteries, or smaller crimes, for which :hc . er : r. txzti I a fine of one : •ur.d -:er!:rg. or letting in the stocks in the daytime ; which fine shall be recovered by poinding or by imprison- ment not exceeding one month. The Baron was also to enter into a l^ook, to 1750] BARON COURT OF STITCH ILL 199 Robert Brown schoolmaster in Stitchill was appointed Clerk of the said Barrony. In regard of the scarcity of half pennies it was enacted that Hstff none of the tenents or householders shall for the future be aCaTCe " obliged to pay more than one halfpenny for their compearance or Instrument money. It is further enacted that none within the Barrony cast any divots for houses which they put up themselves. 1749 Stitchill Mav 10. f^g 1743 -* ia 7 This day George Linin gardener in Stitchill was appointed clerk to the Barron Court and Thomas Underwood wright in Stitchill producing a Commission from Sir Robert Pringle to be Officer thereof the same was admitted. 1749 Stitchill November 11. ^ Sir Robert Pringle sitting himself present appointed David Forrest Clerk of this Barron Court. It is appointed that this Barron Court be observed hence- forth upon the Saturday immediately preceding the Terms of Whitsunday and Martinmas without anv further intimation. 1750 Stitchill May 12. - Baron Court held. Curia legittime qffirmata. Sir Robert Pringle himself being present. Thomas Under- wood wright in Stitchill and John Hay weaver there were nominated and appointed Burlawmen in this Barronv having taken the oath de fideli adminlrtratione officii. 1750 Stitchill May 25. 1 Curia legittime qffirmata. ' : " z=m The which dav Nathaniel Middlemost was discerned his Se -.testation, crops and other household furniture sequestrate and put into be kepi by the sheriff clerk of the CDuttty, the house or place he is lo mike use cf for a prison, and that every such prison shall have windows or grates open to inspection from without, to facilitate visits :': nt frier-is. As recarts t: i. causes, it was not to be lawful for the baron to judge in causes where the debt or damages exceeded forty shillings sterling, ether than to the effect of recovering rents, multures, or services from his vassals and tenants (20 Geo. II. c 43 V 200 THE MINUTES OF THE [1750 the hand of Sir Robert Pringle Bart, of Stitchill for payment of his rents legal formalities having been observed. By George Laurie Bayllie. (169) 1750 Stitchill November 10. 1750, Nov. 10. rp^ e d a y there was an Head Barron Court holden by George Laurie Bavllie of said Barron v in name of Sir Robert Pringle. (170) 1751 Stitchill May 11. 1751, May iii „ . 7 .... ™ . Curia legittnne affirmata. The which day there was an Head Barron Court holden by George Laurie Bayllie in name of Sir Robert Pringle of Stitchill Bart. (171) 1751 Stitchill November 9. 17 ; 1 , Nov. 9» Curia legittlme affirmata. Buriawmen. The which day there was holden an Head Barron Court by George Laurie Bavllie whereat John Watson in Stitchill Mi In Adam Hyslop and Patrick Wilson Tenents were ap- pointed Buriawmen in this Barrony having given their oath dc fideli. John Watson ; Adam Hyslop (A. H., his mark) ; Patrick Wilson ( x his mark). (172) 1752 Stitchill May 9. The which day there was a Head Ban-on Court holden by George Laurie Bailie of said Barrony in name of Sir Robert Pringle Bart. (173) 1752 Stitchill November 18. Curia Icg'ittime affirmata. The which day Sir Robert Pringle being present appointed James Dickson Clerk of this Barron Court. (174) 1753 Stitchill May 19. Curia legittime affirmata. The which day there was held a Head Court by George Laurie Baillie of said Barrony in name of Sir Robert Pringle Bart. BARON COURT OF STITCHILL 201 1753 Stitchill November IT. (175) Curia legittime affirmata. The which day was held a Barron Court (head) by the Right Honourable Sir Robert Pringle Barronet. 1754 Stitchill May 25. (176) Curia legittime affirmata. The which dav a Head Barron Court was held by George Laurie Bailiie in name of Sir Robert Pringle. 1754 Stitchill November 16. (177) Curia legittime affinnata. The which day was held a Head Barron Court by George Laurie Bailiie in the name of Sir Robert Pringle Bart. 1755 Stitchill May 24. (178) The which day was held a Head Barron Court by George Laurie Bailiie in the name of Sir Robert Pringle. 1755 November 15 Stitchill. ( x 79) The which dav a Head Barron Court was held at Stitchill bv George Laurie Bailiie of said Barronv in name of the Right Honourable Sir Robert Pringle of Stitchill Bart 1756 Stitehill May 26. (180) The which day a Head Barron Court was held at Stitchill by George Laurie Tennent in Queenscairn Bailiie of said Barronv in name of the Right Honourable Sir Robert Pringle of Stitchill Bart. 1756 Stitchill November 20. 1181) Curia legittime ajfirmata. The which day a Head Barron Court was held at Stitchill bv George Laurie Bailiie in name of the Right Honourable Sir Robert Pringle of Stitchill Bart. 1757 Stitchill May 21. 1S2 Curia legittime affirmata. The which dav a Head Barron Court was held at Stitchill 202 THE MINUTES OF THE [1757 by George Laurie Baillie in name of the Right Honourable Sir Robert Prinze of Stitchill Bart. o (183) 1757 Stitchill November 19. The which day was held a Head Barron Court bv George Laurie in name of Sir Robert Pringle Bart. 1758 Stitchill November 20. Curia legittime ajfirrnata. The which day George Laurie Baillie of the Barrony of Stitchill sitting in judgment decerned and ordained Simon Marjori banks indweller in Stitchill to pay to Sir Robert Pringle of Stitchill the sum of fifteen shillings sterling as the three years rent of the house possessed presently by him and in the meantime ordered the Officer of the Barrony to poynd and arrest his effects wherever they were to be found within the Barrony. The same dav the householders made their compearance and took Instruments. (185) 1759 Stitchill May 19. Curia legittime affinnata. Biriayman. The which dav a Head Barron Court was holden at Stitchill by the Right Honourable Sir Robert Pringle of Stitchill Bart, when James Hay weaver in Stitchill, William White weaver there, and Robert Heymer junior smith there were appointed Birlavmen in this Barronv having given their oath de Jideli. (186) 1760 Stitchill May 24. Curia kgitiimt affinnata. The which dav John Main wright in Stitchill is decerned to pav to William White weaver there the sum of four shillings sterling due by the said John Main being proven by the pur- suer's oath as also to have his sheep grass till Whitsunday 1761 at which time he is to remove without any further wairning. (184) Rent of house 5S- 1760 Stitchill November 15. Curia legittime affinnata. The which dav a Head Barron Court was held at Stitchill i;6j] BARON COURT OF STITCH ILL 203 by George Laurie Baillie of said Barrony in name of Sir Robert Pringle Bart. The which dav the householders made their compearance by themselves or proctors at this Court. 1761 Stitchill May 23. Curia legittime affirmata. The which day was held ane Head Barron Court at Stitchill bv the Right Honourable Sir Robert Pringle of Stitchill Bart, when Thomas Sudden and Alexander Wylie indwellers in Stitchill were appointed Birlawmen in this Barrony having . given the oath de fideli. 1761 Stitchill November 21. (189) Curia legittime affirmata. The which day ane Head Barron Court was holden at Stitchill by George Laurie Baillie of the Barrony in roume of Sir Robert" Pringle of Stitchill Bart. The which day the householders within this Barrony made their compearance by themselves or procurators and took In- struments of said compearance. 1762 Stitchill May. (■*») Curia legittime affirmata. The which day ane Head Barron Court was holden at Stitchill by George I^urie Baillie of said Barrony. 1762 Stitchill November. Curia legittime affirmata. The which day ane Head Barron Court was holden by George Laurie Baillie of said Barronv when the tennents and cottars by themselves or procurators made their appearance and took Instruments accordinglv in the clerk's hands. 1763 Stitchill May 21. (152) Curia legittime affirmata. The which day ane Head Barron Court was holden at Stitchill by George Laurie Baillie of said Barrony. 204 THE MINUTES OF THE <*93) 1763 Stitchill November 19. Curia legittime affirmata. The which day ane Head Barron Court was holden at Stitchill by the Right Honourable Sir Robert Pringle of Stitchill Bart. BeefiSd. The which day Robert Guthrie tennent in Stichill is decerned to make payment to Margaret Charteris of the sum of eighteen pence as the remainder of the price of a side of beef bought by him from said Charteris as also of sixpence as the expenses of said Process. Grass 4s. stg. The which day Isobel Brown relict of the deceast Thomas Hislop is decerned to pay to Margaret Charteris the sum of four shillings sterling as the rent of a Summer's grass in the Mains and the sum of six pence as the expence of this Process. Oatmeal 10s. 3. The which day Jasper Aitchison indweller in Stichill is decerned to make payment to John Watson tenant in Stichill Miln of the sum of ten shillings and three pence sterling as the price of oat meal bought from him as also of the sum of eight pence as expenses of plea. (194) Stitchill 1764 May 19. Curia legittime affirmata. The which day ane Head Barron Court was holden at Stitchill by George Laurie Bailie of said Barony. (195) 1764 Stitchill Nov. Curia legittime affirmata. The which day an Head Barron Court was holden by George Laurie Baillie of said Barrony when the tenents and cottars made their usual appearance and took Instruments accordingly. (196) 1765 Stitchill November 16. The which day ane Head Barron Court was holden by George Laurie Bailie of said Barrony when the tenents and cottars compeared and took Instruments of said compearance in the clerk's hands. (197) 1766 Stitchill May 24. The which day ane Head Barron Court was holden by George Laurie Bailie of said Barrony. i;6g] BARON COURT OF STITCHILL 205 1766 Stitchill November 15. (198) Curia legittime qffirmata. The which day ane Head Barron Court was holden at Stitchill by George Laurie Bailie of said Barrony when all the tenents and cottars took Instruments of their compear- ance in the Clerk's hands. 1767 Stitchill May 23. (199) An Head Barron Court was holden this day at Stitchill by George Laurie Bailie of said Barronv but there being no business before the Court it was adjourned till next Court day. 1767 Stitchill November 21. (200) The which day ane Head Barron Court was holden at Stitchill by George Laurie Bailie of said Barrony when the tenants and cottars compeared as usual and took Instruments. 1768 Stitchill May 21. ( 2 oi) The which day ane Head Barron Court was holden at Stitchill by George Laurie Baillie of said Barrony. 1768 Stitchill November 19. (202) At an Head Court holden this dav at Stitchill bv George Laurie Bailie of said Barrony compeared all the tenents and cottars and paid their fine for the penal statutes as usual. 1769 Stitchill May 20. (203) The which day the Court was holden as usual but as there was no business to manage, the Bailie appointed the next Court day to be on the Saturday before the Term of Mar- tinmas except when any business comes before them and this to take place in all time coming. 1769 Stitchill November 18. (204 > The which day ane Head Barron Court was holden by George Laurie Bailie of said Barrony when the tenants and cottars compeared and took Instruments in the Clerk's hands. 206 THE MINUTES OF THE [1770 (205) 1770 Stitchill November 19. Curia legittime affirmata. The which day ane Head Barron Court holden by George Laurie compeared the tenants and cottars and took Instru- ments of said compearance in the Clerks hands. (206) 1771 Stitchill November 16. Curia legittime affirmata. This day there was holden a Head Barron Court at Stitchill by George Laurie Bailie of said Barrony when the tenants and cottars compeared and took Instruments as usual in the Clerk's hands. (207) 1772 Stitchill November 15. On which day there was holden as usual a Head Ban-on Court at Stitchill by George Laurie Bailie of said Barrony when the tenants and cottars compeared and took Instruments. ( 2 ° 8 ) 1773 Stitchill November 20. At an Head Barron Court holden at Stitchill bv George Laurie Bailie of said Barrony compeared the tenants and cottars and took Instruments in the hands of the Clerk. (209) 1774 Stitchill November 19. Curia legittime affirmata. The which day William Wilson tennent in Bailie Knowe was appointed Bailie of the Barrony of Stitchill by the Bight Honourable Sir Robert Pringle of Stitchill Bart. 1 The which day also the tenants and cottars of the Barrony compeared and took Instruments of their compearance in the hands of the Clerk. (210) 1775 Stitchill November 18. At an Head Barron Court held this day at Stitchill by William Wilson Bailie of said Barrony all the tennents and cottars by themselves or procurators compeared and took In- struments in the Clerk's hands of said compearance. 1 Last appearance of Sir Robert Pringle. He began presiding on 8th November 1721. I78i] BARON COURT OF STITCHILL 207 1776 Stitchill November 16. ( a „) Curia legittime affirmata. This day ane Head Barron Court was held at Stitchill by William Wilson Bailie of said Barrony in which compeared the tennents and cottars as usual and took Instrument in the Clerk's hands of their compearance. 1777 Stitchill May 24. The which day an Head Barron Court was held at Stitchill Biriaymen. by William Wilson Bailie of said Barrony when Richard Hewatt tenant in Queenscairn William Landreth tennant in Sweethope and John Dickson tenant in Stichell Mill were appointed Biriaymen in this Barrony and gave their oaths de fideli. 1777 Stitchill November 15. . ( 2I3 ) Compeared this day the tenents and cottars at a Head Baron Court held by William Wilson Bailie of said Barrony and as usual took Instruments in the Clerk's hands. (214) 1778 Stitchill November 21. Curia legittime affirmata. This day ane Head Barron Court was held at Stitchill by William Wilson Bailie of said Barrony when the cottars and tenants compeared and took Instruments in the Clerk's hands. 1779 Stitchill November 20. (2is) The which day was holden a Head Baron Court at Stitchill by William Wilson Bailie of said Barrony at which compeared all the tennants and cottars and took Instruments in the Clerk's hands. 1781 Stitchill November 17. (2l6) Curia legittime affirmata. The which day Richard Hewatt tenant in Queenscairn was sir James appointed Bailie of the Barrony of Stitchill by Sir James Pnngle - Pringle of Stitchill Bart. 1 when the tenants and cottars com- 1 Sir James Pringle now presides. Sir Robert last presided upon 19th November 1774. 208 THE MINUTES OF THE [1781 peared and took Instruments of said compearance in the Clerk's hands. (217) 1782 Stitchill November 16. There was held this day ane Head Barron Court at Stitchill by Richard Hewatt Bailie of said Barrony at which compeared all the tenants either by themselves or procurators and took instruments in the Clerk's hands. (218) 1783 Stitchill January 5. Curia legittime affirmata. Calumny ios. The which day Richard Hewatt Bailie of the Barrony of Stitchill sitting in Judgment having heard a complaint given in by William Fair tenant in Stitchill Miln against Jasper Aitchi- son in the Barley Mill and Adam Spiers servant to Mr. James Hogarth tennent in Bailie Knowe for charging him with keeping the Mill in bad order Which the Judge considering found that the Charge was groundless and malicious and therefore fined them both in the sum of ten shillings sterling each. (219) 1783 Stitchill November 15. Curia legittime affirmata. The which day there was held a Head Baron Court at Stitchill by Richard Hewatt Bailie of said Barrony when James Guthrie was appointed Baron Officer when all the tenants and cottars compeared and paid their fines for the penal statutes, riot and throw- John Hislop tenant in Stitchill is decerned and fined in the ios. stg. 6 6 sum of ten shillings sterling money for a riot and for throwing Mary Tain his servant into the fire ex confessione rei. (220) 1784 Stitchill November 20. Curia legittime affirmata. The which day the tenants and cottars compeared at a Head Baron Court and took Instruments as usual in the Clerk's hands. (221) 1785 Stitchill November 19. The which day at a Head Baron Court compeared the 1 79 1] BARON COURT OF STITCHTLL 209 tenants and cottars as usual before Richard Hewatt Bailie of said Barrony and took Instruments of said compearance. The which day it was enacted that if any person should be found breaking through enclosures carrying off pailing, pull- ing or destroying turnips, they shall be liable to whatever fine the Judge shall think proper to impose and this Act to be in force in all time coming. 1786 Stitchill November 18 (222) Curia legittime affirmata. The which day at a Head Baron Court held before Richard Hewatt Bailie of said Barrony the tenants and cottars took Instruments of their compearance in the Clerk's hands. 1787 Stitchill November 19. (223) The which day a Head Baron Court was holden at Stitchill by Richard Hewatt Bailie of said Barrony at which the tenants and cottars compeared and took Instruments of said com- pearance as usual in the Clerk's hands. 1788 Stitchill November 15. (224) At a Head Court held by Richard Hewatt Bailie of said Barrony the tenants and cottars compeared and paid their fines for the penal statutes. 1789 Stitchill November 21. (225) The which day was held a Head Baron Court as usual when the tenants and cottars paid their fines for the penal statutes. 1790 Stitchill November 20. (226) At a Baron Court held this day the tenants and cottars compeared and took instruments in the Clerk's hands of said compearance. 1791 Stitchill November 19. (227) A Baron Court being held here this day by Richard Hewatt Baron Bailie the tenants and cottars compeared and paid their fines for the penal statutes. o 2J0 THE MINUTES OF THE (228) 1792 Stitchill November 19. At a Head Baron Court held this day by Richard Hewatt Baron Bailie of the Barony the tenants and cottars compeared as usual and took Instruments of said compearance in the Clerk's hands. (229) 1793 Stitchill January 19. The which day at a Court holden by Sir James Pringle Bart, of Stitchill Mr. Alexander Linen was appointed Bailie of said Barony and gave his oath defideli administratione as also John Dods tenant was appointed Baron Officer and gave his oath in due form. (230 1793 Stitchill April 20. The which day Mr. Alexander Linen sitting in judgment de- cerned and ordained William Kennedy residing in Hareheught to make payment to Mr. George Mill tenant in Sweethope of the sum of one pound one shilling sterling being due to the complainant conform to an account given in by him and the said William Kennedy having paid the same is hereby assoilzied. Snuff-mill. The same day also Thomas Haig in Stitchill Snuff-Mi II is decerned to pay to William Immery inn-keeper in Stitchill the sum of >ix shillings and eight pence due to him for several articles bought from him at different times with a fifth part more as expenses of Process. (231) 1793 Stitchill November lb*. Curia legittime affirmata. Fines for non- The which day the Bailie having called a Head Baron Court according to custom for all the tenants and cottars within the Barrony of Stitchill to pay to the Clerk of Court the sum of one halfpenny sterling for each householder in said Barrony But in respect the persons after named had failed to appear and pay the same the Bailie hereby decerns against each of them in the payment of one halfpenny viz., — James Hogarth, tenant in Baillie Kno we, George Mill, tenant in Sweethope, Alexander Smith, tenant in Legars, George Boyd, tenant in Stitchill Last Mains, Thomas Waugh, tenant in Caldron Brae, and Peter 1796] BARON COURT OF STITCHILL 211 Simson, tenant in Parkend, and amerciats the said James Hogarth, George Mill, Alexander Smith, George Boyd, Thomas Waugh and Peter Simson and each of them in the sum of two shillings and sixpence sterling, for their contempt and disobedience in not attending said Court, and orders the Officer to poynd accordingly. The which day John Hislop residenter in Stitchill is de- cerned to make payment to Robert Trotter wright in Hume the sum of one pound four shillings and six pence as the price of a pair of cart wheels furnished at Lammas 1785 and interest thereon since the same fell due with a fifth part more of ex- penses of Process. 1794 Stitchill November 15. (232) Curia legittime affirmata. The which day a Head Barron Court was held by Alexander Linen Bailie of the Barony when most of the tenants and all the cottars appeared and paid one halfpenny to the Clerk being their usual fine for the penal statutes and there being no other business the Court was adjourned till next Court day. 1795 Stitchill November 21. (233) Curia legittime affirmata. The which day a Head Baron Court was held by Alexander Linen Bailie of the Barony when the tenants and cottars appeared and paid their usual fines for the penal statutes. The same day George Boyd tenant in Eastfield was decerned corn destroyed to pay to William Downie tenant in Running Burn the sum of I2 * stg " one pound twelve shillings sterling for corn damaged and destroyed by his cattle in September and October last bypast Also William Downie was decerned to pay to George Boyd the sum of twelve shillings sterling for corns also destroyed by his cattle in September last. 1796 Stitchill November 19. Curia legittime affirmata. The which day a Head Baron Court was held by Alexander Linen Bailie of the Barony when all the tenants and house- (234) 212 THE MINUTES OF THE [1796 holders by themselves or others in their name compeared and paid their fine for the penal statutes and there being no other business before the Court it was adjourned till next Court day. (235) 1797 Stitchill November 18. Curia legittime affirmata. The which day a Head Baron Court was held by Alexander Linen Bailie of the Barony at which all tenants and house- holders bv themselves or others in their name compeared and paid their fine for the penal statutes and as there was no other business before the Court it was adjourned till next Court day. (236) 1798 Stitchill House November 16. The which day James Heymer smith in Stitchill was appointed Birlayman of the Barony of Stitchill by Sir James Pringle of Stitchill Bart, and gave his oath de fidcU adminis- tratione. (237) 1798 Stitchill November 17. Curia legittime affirmata. The which day a Baron Court was holden at Stitchill by Alexander Linen Bailie of said Barony when all the tenants and cottars and householders paid their fine for the penal statutes and there being no other business the Court was adjourned till next Court day. (238) 1799 Stitchill November 16. Curia legittime affirmata, The which day ft Baron Court was held at Stitchill bv Alex- ander Linen Bailie of said Barony when all the tenants cottars and householders paid their fines for the penal statutes and there being no other business the Court was adjourned till next- Court day. (239) 1800 Stitchill November 15. Curia legittime affirmata. The which dav a Baron Court was held by Alexander Linen BARON COURT OF STITCHILL 213 Bailie of said Barony when Mr. Thomas Douglas Schoolmaster of Stitchill was by Sir James Pringle appointed Clerk of this Court. The tenants, cottars and householders paid their fine for the penal statutes as usual and as there was no other business the Court was adjourned till next Court day. 1801 Stitchill November 21. (240) The which day a Baron Court was held by Alexander Linen Bailie of said Barony when the usual business being finished the Court was adjourned till next Court day. 1802 Stitchill November 21. 1241) The which day a Baron Court was held by Alexander Linen Bailie of said Barony when the usual business being finished the Court was adjourned till next Court day. 1803 Stitchill November 19. (242) The which day a Baron Court was held by Alexander Linen Bailie of said Barony when the usual business being finished the Court was adjourned till next Court day. 1804 Stitchill November 17. (243) The which day a Baron Court was holden by Alexander Linen Bailie of said Barony when the usual business being- finished the Court was adjourned till next Court day. 1805 Stitchill November 16. (244) Which day a Head Court was held. Messrs Peter John- Fi »es for non- cittcndeincG stone, Sweethope, George Johnstone, Eastfield, James Hogarth, Baillie Knowe, were attending their duty as yeomen which was sustained as a sufficient reason for their being absent but Messrs Henry Scott, Hardie's Mill Place, James Maclaurin, Parkend, Alexander Smith, Legars, Richard Hewatt, Queens- cairn, and William Downie, Runningburn, failing to appear or any person for them, were ordered to pay the sum of two shillings and six pence sterling each for contempt of said Court Which sums the Baron Officer is to collect immedi- ately. The other tenants, cottars, and householders, took 214 MINUTES OF BARONY OF STITCH ILL [1805-7 Instruments in the Clerk's hands of their appearance and the Baron Officer was ordered in time coming to intimate to the several tenants of this Barony and residing in this village of Stitchill when the Head Court is to be holden at least one week before it takes place. There being no other business before the Court it was adjourned till next Court day. 1806 Stitchill November 15. Which day a Head Court was holden when Messrs Scott, Hardie's Mill Place, Maclaurin, Parkend, Hewit, Queenscairn, Downie, Runningburn, Johnstone, Eastfield, and Johnstone, Sweethope, failing to appear or any for them were ordered to be fined the sums of half a crown each. The rest of the tenants and cottars having appeared and paid their fines the Court was dismissed till next Court dav. (246) 1807 Stitchill November 21. This day a Head Court was held when the tenants and householders appeared and paid their fines and there being no other business before the Court it was adjourned till next Court day. (245) Fines for non- attendance. APP. I.] CRIMES AND OFFENCES 215 APPENDIX I CRIMES AND OFFENCES The following is a list of the crimes and offences brought before the Baron Court during the one hundred and fifty years covered by the Records. In a pastoral country abstracted multures were very common. These were the fees in kind which the miller ought to have received for grinding the corn of tenants thirled to his mill, but by the tenant's going elsewhere with his corn, the fees were lost to the miller of the barony. One instance occurs of the contravention of an arrestment laid upon a man's corn. Several times bridegrooms were fined for obtaining their bridal bread and their bridal ale from dealers outside the barony to the loss of the miller. Bridegrooms were fined in addition, if more guests than the law allows were present at the weddings, or if unnecessary changes of raiment were made at the celebration. For the baptism of his children, he might be fined for having too many guests, and for neglecting to pay the dues of the session- clerk. The same also at burials, and if the dead were shrouded in linen and not in woollen. Compulsory education was insisted on, and defaulting parents were fined. Corn eaten by trespassing animals had to be paid for ; corn removed from the fields before paying teind or tithe had to pay its teind, in addition to its owner being fined. Sharping corn had to be paid to the blacksmith as a fee for sharpening implements, else a fine was exacted. Con- tempt of Court was not a rare occurrence ; nor was the cutting of trees ; and at times the stealing of corn from one's neigh- bour's rig. There are but two references to drunkenness, which is curious ; and a great many to the deforcing of the barony officers, and one only to the desertion of service by a servant. Kayn fowls had to be paid as rent in kind to the lady of the mansion ; geese must not be trespassers ; and herds must not herd their own animals apart from those under their charge. Of housebreaking there is but one case. 216 BARON COURT OF STITCHILL [app. I. Regarding the relationship of the kirk session with the Baron's Court, more than one intimation was made that the Baron would compel the observance of the decisions of the kirk session. Of being bound over to preserve the peace, two instances are given ; and several of lawburrows being demanded. Lint must not be steeped in lochs and burns, nor exposed while being dressed to risk of catching fire, and for contravention of these orders fines were exacted. The Sumptuary Laws must be observed. Muck must be properly carried to the land. The millstone-silver must be paid ; so also the share of the expense in bringing home the millstones. Thirlage both to the corn-mill and to the waulk or fulling mill was the source of much irritation, and its infringe- ment was always punished by severe fines. Orders to remove were given to undesirables ; and opprobrious speeches promptly fined. A man might clear himself from a charge by taking the oath of verity, whereby he was purged from the offence alleged. Only once were a pauper's effects sold. Three references only are found relating to corporal punishment ; and a few to poinding goods, poaching, keeping the peace, profanation of the Sabbath ; and several to riots and assaults to the effusion of blood. Once only was a man accused 'that he had helped up with the dead/ and that seemingly falsely. Sensuality, swearing, scolding, and scandal were all punishable ; and for these, mention is made of the stocks twice. Trespass both of man and beast was fineable ; so also for the improper tilling of the land ; the cutting of whins ; etc. The old Scots term for fining was being ' unlawed and amerciat,' and this was the commonest punishment for most offences. Witchcraft was dying out, as there is one reference only to a witch. Such were the offences and crimes brought before the Baron's Court of Stitchill in the seventeenth and eighteenth centuries. APPENDIX II TIMES OF MEETING OF THE BARON'S COURT In l6&5 the Court met four times ; in 1().">() twice; in 1657 thrice; in 1658 thrice; in 1659 twice; in lo'6'0 twice; in l(i()l once; in 1662 twice; in 1663 four times; in 1664 thrice; in 1665 twice; in l6()b' four times; in 1667 thrice; in 1668 twice; in 1669 twice; in 1670, 1()71, and l6r2 once in each year; in APR iil] PROPER NAMES IN THE RECORDS 217 1673 thrice ; in 1674 twice; in 1675 twice; in 1676, 1677, 1678, and 1679 once only in each year; in 1680 thrice; in 1681 twice; in 1682 once; in 1683 twice; in 1684, 1685, and 1686 once only in each year ; there is no record of a meeting in 1687 or in 1689 ; or in 1690. There were two meetings in 1691 and 1692; one in 1693; two in 1694; two in 1695 ; four in 1696 ; four in 1697 ; three in 1698; three in 1699; and one in 1700. There was no meeting in 1701 ; there were two in 1702 ; two in 1703 ; two in 1704; two in 1705; one in 1706; two in 1707; three in 1708 ; one in 1709; one in 1710; one in 1711; two in 1712; two in 1713; two in 1714; two in 1715; three in 1 7 1 6 ; two in 1717; three in 1718; one in 1719; one in 1720; one in 1721 ; two in 1722; three in 1723; one in 1724; one in 1725 ; none in 1726 ; and two in 1727. ... A blank of eight years occurs at this point. In 1735 there were four meetings; two in 1736; five in 1737; three in 1738 ; three in 1739 ; one in 1740. ... A blank again occurs. There were two meetings in 1744; and one in 1745 ; and one in 1746. . . . Another blank occurs. In 1748 there was one meeting; in 1749 three; in 1750 three; in 1751 two; in 1752 two. There were two yearly after this date until 1758 and 1759, in each of which there was but one. In 1760 to 1764 there were two in each year. In 1756 there was one. In 1766 to 1769 there were two in each year. From 1770 till 1776 there was but ■one in each year. In 1777 there were two. In 1778 one; in 1779 one; in 1780 none; in 1781 one; in 1782 two; in 1783 •one ; in 1784 one; and one in each year till 1793 in which year there were three. Until 1797 there was one meeting in each year; and in 1798 there were two; and one annually thereafter .until the end in 1807. APPENDIX III LIST OF PROPER NAMES OCCURRING IN THE RECORDS OF THE BARON'S COURT Armstrong, Alexander, Aitchison, Aitken, Allane, Anderson, Aldcorne, Ackae, Archibald, Adam, Archer, Aymers. Blaikie, Blackie, Bromfild, Bowtoun, Black, Bairnsfather, Bell, Bogge, Boyd, Burne, Brown, Brocky, Brunton, Bougall, Bosuall, Brownlies, Baillie, Beveridge, Bruntfield. 218 BARON COURT OF STITCHILL [app. III. Campbell, Cossars, Clapperton, Charterhouse, Crottar, Ceddy,. Cottersone, Cranstoun, Courtney, Cowan, Cromby, Concurr r Corbraith, Cudbertson, Cuthbertson, Crawford, Charteris, Currie, Clarke, Cramont, Cairncross, Cairncroft, Cannon- heid. Donaldson, Dickson, Dows, Dodds, Dawson, Duncan, Douglas,. Davidson, Dasen, Downie, Dowglas. Elliot, Eiston, Eixton, Easton, Eliot, Edgar, Edmiston. ffrenche, ffairbairne, ffrothem, ffoord, fforrest, ffair. Given, Guttraw, Galbraith, Gibson, Greenknowe, Giffen, Gutter- sone, Gray, Grieve, Gottrae, Gaffine, Giffan, Gremslie, Geills r Galbrath, Gillespy, Gib, Gregor, Gardiner, Glasgow, Givan, Gardner, Garner, Gill, Greig, Guthrie. Hamilton, Hoggeard, Hogge, Hall, Henrison, Hopper, Hunter,. Hute, Hope, Hoggearth, Halyburtone, Handyside, Hutsone Hendersone, Herd, Hammiltoune, Hennry, Hislop, Hill, Haliday, Hoggeart, Hagger, Hallie, Hyslop, Heymers, Hairly, Hay, Hewatt, Haig. Inglis, Innes, Ingles, Immeny. Jamieson, Johnston, Japhrae. Ker, Keith, Knox, Kennedy. Lowry, Lamb, Lennox, Learmont, Lillie, Lambe, Lidgait, Leith, Leithheid, Lirmen, Lee, Litel, Lindores, Locke, Lithgow, Lathead, Ladla, Linen, Laidley, Landreth, Lawson, Linning. Muirhead, Moffat, Mylle, Macdowell, Maisson, Marshall, Mag- dowall, Mill, Mein, Millar, Murdy, Matthew, Mather, Mit- chell, Marjoribanks, Meikle, Macgregor, Manders, Mack, Madder, Middlemost, Main, Maclaurin. Nizbet, Nissbet, Newton, Neill. Ormiston. Pringle, Pearson, Patterson, Prestoune, Pringill, Purves, Pearsone, Pattersone, Puntan, Phaup, Potts, Peirson. Quhvte, Quhiggenshall. Robesone, Richisone, Ramsay, Reidpath, Rutherfoord, Robertson, Richardson. Smythe, Smith, Stevison, Stott, Scott, Starke, Swanston, Service, Stewart, Sked, Sinclair, Small, Steill, Steinson, Scougall, Simm, Sklaitter, Sheill, Sim, Short, Scot, Smitton, Simson. Turnbull, Tailzieour, Trottar, Thomsone, Turner, Turten, Taylor, Tain. APP. IV.] ARCHAIC WORDS 219 Urmiston, Under wood, Utterstone. Vair. Windrim, Wilson, Wood, Welshe, Wady, Weddel, Watsone, Whyte, Walker, Willobie, Waitt, Watts, War, Weir, Whytlie Waitt, Whale, Waddell, Waugh. Young, Younger, Yeaman. APPENDIX IV SOME ARCHAIC AND PROVINCIAL WORDS OCCUR- RING IN THE FOREGOING MINUTES Allenarly. Only, solely. Amerciaments. Fines. Attour. Over, beyond ; ' by and attour,' 'over and above.' Axetries. Axle-trees, axles. Barroun, bairoun, baron. The word in the sense in which it is applied to the owner of Stitchill estate does not necessarily mean a nobleman. The original meaning of the word is here used, such as a strong man, one who can bear (from Gothic, beran, to bear). Such a baron held land by honourable service, and was a baron by tenure, not by nobility, nor by patent. He presided over the court of his barony; and in earlier times had power of pit for drowning women, and gallows for hanging men, including the lesser punishments for crimes of lower degree. Bailive, bailzie, balive. The bailie or bailiff who administered the decrees of the baron, and held courts in his absence. Baulk. A ridge or strip of land left unploughed, separating two ploughed portions. Bedded the kiln. Either spread the grain in proper position to be dried, or spread the fuel properly for combustion. Beir, bear, bere. Barley having four rows of grain. Bloodwyte. A fine for the shedding of blood. Boll. A dry measure whose quantity varied in different districts. A boll of oats, barley, or potatoes contains six bushels. A boll of meal is equal to 140 pounds avoir. The boll is divided into four firlots. Bountith, bounty. Something given to a servant over and above legal wages. 220 BARON COURT OF STITCH ILL [app IV. Bourlawmen, birlaymen. The petty officers of a burgh of barony, parish arbiters, referees, petty jurymen. Boukail. Cabbage. Cairiages, carriadges. The carryings of loads by the tenant, as part of his service to the laird. They might be borne either by horse or by cart. Calsayend. One of the tenants was thus distinguished from other tenants of the same name, as living at the end of the cause- way. A causeway was either paved or laid with cobble stones. In the south country, some of the vestiges of the Roman road show these causeways to this day. Capful. The fourth part of a peck, a forpit, a lippie. Claik hackit cow. A cow besmeared and rugged. Couper, coupper, cowper. A cooper for making ale barrels ; also a dealer in horses. Cowan. An irregular mason who has not undergone an apprenticeship. Coupurall. A corporal in the army or militia. Dunments, dinmonts. Wed tiers from the first to the second shearing. Ennle sheitt. A sheet provided by a bride for the occasion of her marriage, and used at the last as a shroud. Entreis money ; also gersoume. A sum paid by a tenant to a landlord at the entry to a lease. Ferme beir. Bere or barley paid as part of rent or ferme. Fulle. A firlot or bushel of grain. Girst, grist. Grain that is bound to be ground at the mill to which the land is thirled. Hirsell. A flock of sheep ; but in the text the name of a Border estate. Husbandland. About twenty-six acres of land ; as much as might be tilled by a plough, or mowed by a scythe. Hummle-corn. Grain wanting the beard, such as pease ; also three bolls barley and one of pease made into meal ; also a lighter grain that falls from the rest when it is fanned. Hynde, hind. A cotter who works the land. jajvi c . jaj is a corrupted form of 1 in, for one mille, one thousand ; vi stands for six ; and the small c for centum. This was a cumbersome method of stating the sixteenth century : the number of the year had yet to be added to the century. Kain, kayne. Fowls, generally hens, paid to the landlord as APP. V.] PRICES OF CHIEF ARTICLES 221 rent in kind. It is still paid in Peeblesshire and other districts. Kitchen. Anything eaten along with bread — herrings, for instance, as in the text. Littet, dyed. Litster, dyer. Master. Fermenting liquid used in fulling cloth. Maynes, mains. The farm attached to a mansion-house, a home- farm. Melder. The quantity of meal ground at once. 6 bushels = 1 bow, 10-30 bows=l melder. Merk. A coin equal to 13s. 4d. Scots ; or 13 pence and a third stg. Myllestane-silver. Money paid by tenants either toward' the cost of a mill-stone, or as payment of a substitute to assist in bringing home the mill-stone. Pundler, poundler. A bourlaw-officer, a distrainer, a poynder. Rowme. A possession in land ; also accommodation in the mill ; one's turn while waiting to have one's corn ground. Sheilling. Grain from which the shell or husk has been removed in grinding — the husk thus removed being known as schillin- seed. Socneid. The right of a baron to hold court in his own domain. Swingleing. Separating flax from the pith or stalk by beating. Thrave. Twenty-four sheaves of corn, equal to two shocks or stooks. Wins. The quantity of standing corn that reapers can take before them. APPENDIX V PRICES OF CHIEF ARTICLES 1 Boll, 10 merks. Beir. Beans. 1 peck, 26sh. 4 Bolls, £20. 1 Boll, £11. 1 Boll, £8. 1 Boll, £7. 1 Boll, £3. 15 Two and a half Bolls, £10. 5s. 8d. 1 Boll, £9. 16. 6 fulls, £14. 14. Malt. 2 Fulls of Beir, 56sh. Oats. 1 peck, 8sh. 1 Boll, 5 merks. ooo BARON COURT OF STITCHILL [ap.p. 1 Boll, £6, £10. 9s. £9. l6s. £6. 10s. £4. 10s. 7 fulls, £7. 14s. 1 peck, 10s. Oatmeal. 2 1 pecks, £9. 5 pecks. £S. 1 peck, 30sh. 3 pecks, £3. 3 pecks, 44sh. 1 peck, 36sh. half peck, 7 pence. 1 full, £3. Ssh. 1 boll. £12. 1 load, £57. Peas. 1 Bcfll, £13. 1 Boll, £11. 1 Boll, £10. 10s. 3 caps. 3 shillings. 1 peck, 24sh. 6 fulls, £7. 4sh. 2 fulls, £3. 4sh. ftp; 1 Boll, £6. 6. 8d. Shoes. 3 Ssh. -2 pairs 5Ssh. Sd. FINES Blood and Bloodtn/te. £4, £10, £12, £«4, £35, £50. Riots. 40sh. £5 and Stocks. £10. 20sh. £0 and corporal punishment. £10 (riot deforcement). J'arious. Scolding. 40 pence, £.5. Blasphemy and Scandal, 20sh. Provocation, osh. 20sh. oOsh. L'nteinded corn or peas, £10. Absence from Court. £5. Breaking lock, £0, £10. Contempt of Court, £5 and cor- poral punishment. Deforcement, £5. Opprobrious speeches, 30s. Calling names, £3, £.50, £10, and kirk session. Refusal of service, £40. Cutting ash-tree, £10. Cutting fir-tree, 1 sh. RENTS Cothouse, £3 with four kayne 30sh. with three hens, or 15sh. hens. £:> with three hens. with 5 days' spinning. 1 day's threshing, 3sh. 1 day's spinning, lsh. pence. WAGES Harvest, £14 with 2 fulls Beir and 4 and half full peas. woman £7. 10. : man. app. vi.] BARONS, MINISTERS, SCHOOLMASTERS 223 £17. 4. ; man and wife, £12. osh.Sd. with20sh. or 64 herring. Herd, £3 and a cloacker. Manservant, £5 and harden shirt. £11. 4sh. with 2 hose, shirt and old clothes. £5 with 12sh. for shoes, and 24sh. for hose. Summer fee for women, £4. Winter for boy, 40sh. Winter fee for woman, £6 with one ell of linen, harden and plaid en. Beadle and Bell-ringer paid by fees. Schoolmaster paid by fees and salary. Shearing eight and a half days, man and wife, 39sh. and 10 pence. Apprentice fee to tailor, £l6. VARIOUS PRICES FOR VARIOUS ARTICLES Peat. 1 stack, £4. 40 pence with half peck of beir. 1 and a half stack, 4 merks. 1 stack, 4 merks. Half stack, £3. 14. Carriage of peats, £l per 1000. 00 kail plants, 4sh. 1 year's grass equals 1 load of coal from England. 7 pints ale, 2s. 4 pence. 1 peck humnile corn, 8 pence. 1 pound butter, 4sh. Cornsacks 48sh., 2Ssh., 40sh. 1 ell sacking, lsh. 4d. Ox, £18. 10. Cow, £17; £16. 10.; £14; £24. 11. 6. Calf, £11. 14. Dinmont ewes, £l. 7. 9- Ewe hogg, 40sh. Meer, £5. 2. ; £26. Hire of 2 horses to Dalkeith, 4sh. Iron-graip, 20sh. Wain-wheel, £7. 1 load lime from Edin., 20sh. 3 and a half ells small plaiding, 42sh. 1 ell harden, 4sh. 1 and a half ell plaiding, 12sh., also 8sh. 1 ell of grey milled and pressed for 2sh. 1 Qr linen, osh. 1 ell linen, lOsh. Hose, llsh. ; Ssh. Coffin, grave, and bell, £2, 18, Sd. APPENDIX VI BARONS, MINISTERS, AND SCHOOLMASTERS DURING THE PERIOD INCLUDED IN THE RECORDS 1600, January S. Walter Pringle of Greenknow, uncle of the young laird, and acting for him. l659, undated, Robert Pringle. (' ffirste Courte halden be himselfe.') 224 BARON COURT OF STITCH ILL [apf. TO. 16SS, December 29. The Baron styled Sir Robert for the first time. 16.Q2, September 5. Sir John Pringle, 2nd Baronet. 1718, June 14. Robert Prinze, fiar of Stitchill havinsr commission from his father. Sir John. 1718, November 15. Sir John Pringle as formerly. 1721, November 8. Sir Robert Pringle, 3rd Baronet. 1774, November 19. Last mention of Sir Robert. 1781, November 17. Sir James, 4th Baronet. MINISTERS David Starke, A.M., 164S. John Glen, 1719- Andrew Darling, A.M.. 1683. Alexander Home, 1734. John Glen, 1691. George Redpath. 1743. Andrew Scott, 1773. SCHOOLMASTERS James Lennox, November 27, Andrew Whale, January 26, 1655. 1722. Thomas Halyburtone. December John Beveridge, May 15, 1736. 13, 1666. John Smith, November 1740. John Turner, May 17, 1673. Robert Brown, November 8, Thomas Underwood. 1746. William Keith, October 20, Thomas Douglas, November 15, 1688. 1800. William Wilson. Mav 28, I69S. APPENDIX VII SOME NOTES ON MEMBERS OF THE PRINGLE - ■ FAMILY Walter Pringle of Greenknow : Covenanter. He was the second son of Robert Pringle the first laird of Stitchill. He was born in the year 1625, probably at Stitchill Hall. One of his childish recollections was finding himself very much drawn toward God at the north-east end of the Hall before there was any new building or garden there. From the age of seven or eight until twelve or thirteen he was kept under convictions, the love and fear of God ruling his heart in APP. vil] THE PRINGLE FAMILY 225 some measure. At the age of eleven, his ' precious brother ' went with him to Stirling, where he was taught for a year or two by the eminent and pious minister Mr. James Lockie, who had no church at the time as he would not conform to Episcopacy. And though making no progress in learning after the death of this worthy tutor, yet he was kept in the love of powerful preaching. And at Lilliesleaf he was wont to feel refreshed by the preaching of his next teacher, Mr. Thomas Wilkie, minister there, who ofttimes shed tears while preaching. At that time, when he was about thirteen, nine or ten other young people bound themselves together in a bond of brotherhood and love, as well as engaged themselves to the National Covenant. But in 1639, when at Leith school, youthful lusts and corruptions began to prevail over him, being stronger than the grace of God. Two years at Edinburgh College followed ; then five more years, partly spent at home and in the Civil War. After two years spent in France, Walter Pringle returned home, being now about twenty- three years old. During all the time of his i fearful going astray,' he had a love to the godly, and a high esteem for his worthy brother John, whose memory ever remained sweet to him. The brothers had a loving parting when Walter set out for France ; and within a year thereafter he was stricken with grief at the death of this beloved elder brother. It was in the month of June 1648 when Walter returned from the Continent that his father, Robert Pringle, pressed him to marry. He was now twenty-three. He first saw the lady who was destined to become his wife at the house of Blackhaugh, where she was staying with her brother-in-law Pringle of Whitebank, and his affections went out to her. Walter had been at Edinburgh along with his father, who hearing that his brother of Newhall was sick, sent his son Walter to Newhall to inquire after his health. Pringle of Whitebank coming to New- hall, brought young Walter away with him to his house of Black- haugh, where the lady was dwelling at the time. In all which Walter saw the hand of Providence. Notwithstanding the fears of the anxious lover, the Laird of Stitchill did not oppose the choice of this his younger son. He journeyed to the capital on account of this and other business ; but before the laird had even met with any of the young lady's friends, he was seized with illness, from which he died within fourteen days, in May 1649. Walter was thus left bereaved of his elder brother and now of p 226 BARON COURT OF STITCH ILL [app. vii. his father, at the aire of twenty-four having the care of his brother's eight children and his sister's son. Five months after the death of his father, Walter proceeded in the matter of his marriage. During that period, he had passed through a Communion season of three days at Lauder, during which, although the young lady was present also (the last Communion that Mr. James Guthrie was to hold there), the young enthusiast gave little thought to her ! Mr. Guthrie had inquired at his young friend whether there had been any work of grace in the young lady's heart ; and this was revealed during an illness through which she now passed, in which she spoke freely of her soul's concernments, whereby the working of the Lord did fully appear to Walter, and the last of his scruples was removed. In November 1649, Walter Pringle married this lady Janet, second daughter of James Pringle of Torwoodlee. The ceremony took place at Stow, Mr. James Guthrie being the celebrant. His wife remained at Torwoodlee about six months and thereafter came home to Stitchill, where the couple remained five years with his mother Katharine Hamilton, widow of the first laird. Five of his brother's children were under their care; one of them, Eliza, having gone to her own mother, and two younger sons having been removed by death. Mr. James Aird, probably their tutor, was also of the household at Stitchill. During this time they had 'a very loving, sweet and peaceable society.' Until the English Army came into Scotland, Walter Pringle was greatly taken up with lawsuits on behalf of his pupils, he being always defender, and consequently much away from home. After the English came in, he joined the army, leaving his mother, wife and children at Edinburgh. He seems to have been present at the Battle of Dunbar, where also another Stitchill man was pre- sent ; and after that defeat, he brought the ladies and children home to Stitchill. He remained at Stitchill with his wife until their eldest child Katharine was born on November 10, 166*6. On the following day a party of English came in and occupied all that part of the country, whereupon Walter Pringle went and remained for about eight days at Torwoodlee. One night he returned to Stitchill along with the laird of Tor- woodlee in order to see his wife, and on the way back they en- countered an Englishman upon horseback. The man did not sue for quarter, and there being some difficulty in carrying him prisoner to the Scottish army, Walter killed him. ' But what of rashness was herein, I believe assuredly that the Lord my God hath pardoned it.' APP. vil] THE PRINGLE FAMILY 227 He went to Glasgow and consulted his worthy friend Colonel Gilbert Ker and continued his journey to St. Johnstoun. He took advice also at Stirling from Mr. James Guthrie as to his own and his pupils' affairs. He had hardly been eight days at St. Johnstoun when news arrived of the total defeat of Colonel Ker's forces at Hamilton. But he remained there until Edinburgh Castle was to be surrendered to the English when he departed for Edinburgh, his own and his pupils' writs being secured in the Castle. He then returned to Stitchill, but the English having been informed as to his whereabouts, Pringle went over the Border into Northumberland, remaining for a few days in the house of his cousin Major Pringle. The man whom Walter had slain had many friends who vowed to be avenged on his slayer. Accordingly a troop of horse came and took him prisoner and kept him for the first night at Darnick. Reading the Hundredth Psalm brought him much joy and peace. His mother-in-law came to see him next day ere he was carried to Selkirk and examined by Major Robertson, to whose regiment the slain man belonged. His plea was defence of his country from the invasion. Afterwards he was liberated on bail of £2000 sterling given by Torwoodlee and Whitebank. All this time Mr. James Aird was most solicitous for his safety, and journeyed many miles soliciting the chief officers on his account. Yet with little assurance, even Lord Warristoun advising him not to compear. At last the chief officers consented to refer the matter to the captain of the slain man's troop, to whom Walter's mother paid <£150 sterling, as she thought for the man's friends. Mr. Aird was the agent in the business at Torwoodlee, Walter remaining passive, being assured spiritually that all would go well. He seems now to have enjoyed a certain amount of freedom, and in 1 651 became a constant hearer of 'that lively man' Mr. John Livingstone, going every Sabbath day from Stitchill to Ancrum, having many a sweet hour by the way. (In 1663 Mr. Livingstone was banished from the kingdom by the Lords of the Council.) Walter was debtor more than he could express to this worthy man, having sweet fellowship with him and ever delighting in his company. But coming from Stitchill to remain at Greenknow, in March 1655, he was no more a hearer of him. An interval elapses during which one must suppose that Walter Pringle along with his wife and growing family were dwelling at the Tower of Greenknow. On the 26th September 1660 he was 228 BARON COURT OF STITCH ILL [app. VII. a prisoner in the Castle of Edinburgh along with Sir Andrew Ker of Greenhead. At first he was scarcely able to endure imprison- ment even for a few days, but God trained him up from one step to another. The next step was his being detained prisoner within the parish of Gordon : thereafter within the Tolbooth of Edin- burgh, and finally at Elgin. On the second day of August 1662 he began to write his Memoirs for the information and spiritual edification of his children. In them he passes over his sufferings and persecutions but lightly, enlarging, however, at length upon the spiritual experi- ences through which he was passing amid them all. They were begun at Greenknow. On Tuesday the 10th of March, his seventh child, Walter, was born ; and to him his father addresses some remarks upon the meaning of his Christian name, in High Dutch signifying a pilgrim. In October of the same year, it was a great joy to him that his eldest child Katharine, aged thirteen, was permitted to make her first Communion at Westruther. Her aunt Lady Haining had not been spared to see this early Com- munion of her niece as she passed away on the 28th September previous. But ' blessed forever be my God, who of his rich free grace hath so shined upon the families of Torwoodlee and Stitchill.' In the end of November another aunt of the children's died, Walter's sister Craigie, who also was able to express her assurance of mercy and salvation through Jesus Christ. Another sister of Walter's had become ill on the 15th March 1663, the day of young Walter's baptism, and she passed away after a year's illness, on the 11th March 1664. She had endured violent pain most patiently, and for years previously had lived separated from worldly concerns. A son of hers, Alexander, had caused her spiritual joy by dying in the Lord ; and during her last illness she made her son John engage to seek also to become the Lord's, else he was no son of hers. This brings this Memoir to the lf)th July 1664, on which day he was summoned to attend the High Commission Court for declar- ing that he could not own Mr James Straiton for his minister, nor conjoin in prayers read by the Header, nor in singing the Conclu- sion then introduced. On the 21st July, he received sentence from the Court. He attended the Bishop of Edinburgh on the 8th September, 1 but could not take the oath as he tendered it, viz. without any explanation but the words as they stand.' After receiving his summons and before compearance (having left the company he was with upon the Winistraw Law), he prayed APP. VII.] THE PRINGLE FAMILY 229 earnestly, and then opening the Bible at random selected the first verse which Providence cast up to him. which happened to be, ' And if we know that he hear us, whatsoever we ask, we know that we have the petitions that we desired of him.' This encouraged him a good deal. The Court of High Commission imposed a fine upon him. On the 24th of November he was taken from Greenknow by three of the Life-guards and a messenger-at- arms, and was conveyed to Channelkirk for the night, thence on the morrow to the Tolbooth of Edinburgh. On the following Thursday the second Court of High Commission, without his compearing before them, ordered him to find bond that he would enter himself before the magistrates of Elgin before the Lst of January following, and to abide within its bounds during the king's pleasure. And if the fine imposed by the first Court were not paid by Candlemas, he was to enter within the Tolbooth of Elgin. Although he had more friends this time than the last, the bishops carried all before them. He was enabled to bear all this by an assurance given to him on the 22nd October, during his im- prisonment at his own home, when walking and meditating in the fields in the afternoon, that God would take his wife and children off his hands and care for them during any further imprisonment that might befall them. On the 22nd December 1664, he set forth to go to Elgin, but before reaching Edinburgh, his brother, Torwoodlee, gave in a petition to the Lords of Council in Walter's name, who granted him until the last day of the year, recommending the High Commission to grant him a longer time. These remissions were given on account of the delicate health of his wife : and upon the 30th January 1665 his daughter Anne was born. On 23rd February the ordinary reading at family - worship was Psalm Fifty-five. They sang Psalm Seven from the ninth verse to the end, and read the eleventh chapter of Ezekiel. And he considered the sixteenth and seventeenth verses of the eleventh of Ezekiel specially suitable to their circumstances. On the following day, 24th February, Walter Pringle left Green- know and his aged mother, dear wife and children for Elgin. The weather north of Aberdeen was severe, and he did not reach Elgin until the 10th March. His prayer on entering was that he might not go out until God carried him out without sin. He lay in Elgin Tolbooth until April 6th when another prisoner was put in beside him, which caused him such discomfort, that on the morrow the town council without communicating with him 230 BARON COURT OF STITCHILL [app. vn. removed Pringle to the house whence his meals had come from. Although he was now free to worship in his new quarters, yet the ventilation was not so good, a condition that he blamed as causing soreness of the eyes. On the 10th of May, his nephew Walter brought the good news that the prisoner might enjoy liberty within a mile about the town. This boon having been obtained through the efforts of the laird of Stitchill and the laird of Haining. He addresses his children regarding their spiritual concerns upon the 20th July, and again upon the 31st of the same month. And on August 3 1st he tells them that for some weeks past he had been entertaining himself with the hopes of getting home. Six days together he was assured by several that liberty was granted ; but letters arriving on the Saturday previous to writing showed him the contrary. On the 21st November 1665, Walter Pringle directed a letter from Elgin to his household at Greenknow. And on the 30th of the same month there parted from him a pious minister deposed for not conforming. He had come from Ross to see other friends and Pringle. And some one who had come with him said on the Sabbath that those who had met with so much lenity (no doubt meaning Walter Pringle) as to be merely confined, when a hard sentence might have been inflicted, would surely not abuse that lenity by frequenting the companies of seditious persons, and meddling with those who were given to changes. 'Thus am I the scorn of those who are at ease, and the contempt of the proud, who count it lenity to be a prisoner 124 miles from my family/ So Walter continued at Elgin, consoling himself by addressing his children indirectly in his Memoirs. The year 1666 began. On the 6th of January he wrote that on the previous Tuesday, during the night, the house opposite his dwelling was consumed by fire. Several times the wind had directed the flames against his own house, so that it too caught, but did not greatly suffer. In this, too, Walter saw the hand of God. At the end of January he was greatly cheered by a letter from his wife announcing that a good work had begun in their son Robert. 1 Upon the 6th of February my friends, by their affectionate pains, without my knowledge, did procure from the High Com- mission, the change of my confinement from Elgin to mine own house, and three miles about, for the payment of £200 sterling, and a Bond by Stitchill and Tersons, for my peaceable and inoffensive behaviour.' APP. VII.] THE PRINGLE FAMILY 231 ' The order came to my hand on the 20th day of February, and I came from Elgin on the 23rd, and to this place (Greenknow) on Tuesday last the 6th of March.' And these things were written at Greenknow on 10th March 1666. Robert Pringle of Stitchill (First Laird). He was the second son of George Pringle of Newhall. He was first designed Pringle of Bartingbush, and was a Writer to the Signet. Having realised a large fortune from his profession, he acquired first of all the lands of Templehall in Berwickshire ; and in 1628 he purchased from Sir John Gordon of Lochmvar (first Viscount Kenmure) the estate of Stitchill in Roxburghshire. He died in 1649, six years before the Records of the Baron Court begin. Walter of Greenknow referred to above was his second son. His eldest son, John, predeceased him, leaving behind him several children, one of whom became Robert, the first Baronet of Stitchill. Another was Walter of Graycrook, called to the Bar in 1664, who ably defended the Covenanters in 1 679 after the Battle of Bothwell Brig. This Walter of Graycrook must not be confounded with Walter of Greenknow, also a Covenanter, referred to antea, who was his uncle. Sir Robert Pringle of Stitchill (Second Laird ; First Baronet). He succeeded his grandfather in 1649; and in 1667, on the death of Robert Pringle of Newhall, he inherited Newhall also. In his youth he was brought up at Stitchill House under the care of his uncle, Walter Pringle of Greenknow, and in 1683 he was created a Baronet. He married Margaret, daughter of Sir John Hope, a Lord of Session, designated Lord Craighall, and had nineteen children, one of w^hom (1) John succeeded him. He had also (2) Sir Walter Pringle of Lochton, admitted advo- cate in 1687. He became a Lord of Session, as Lord Newhall, in 1718, and was knighted. He died in 1736, when all the other judges attended his funeral in their robes as a mark of respect. Sir Robert Dundas of Arniston wrote his eulogy, which was appointed to be engrossed in the Minutes of the Faculty of Advocates. Hamiltoun of Bangour also composed an epitaph on Lord Newhall. (3) The Right Honourable Robert Pringle was another son of Sir Robert. He was appointed Secretary at War in 1718. (4) Thomas Pringle, Writer to the Signet, was ancestor 2:32 BARON COURT OF STITCHILL [app. vil of the PrinHes of Edgefield and the Pringles of Weens. His son was sheriff depute of Banffshire in 174S, and became a Lord of Session, with the title Lord Edgefield, in 1754. He died in 1764. Sir John Pringle of Stitchill (Third Laird; Second Baronet). He was the eldest son of Sir Robert Pringle. He married Magdalen, daughter of Sir William Gilbert Elliot of Stobbs. and had four sons and two daughters. (1) Sir Robert the third baronet. (2) Gilbert an officer in Dragoons. He married Mar- garet., daughter and heiress of John Pringle of Torsonce. (3) Walter, sheriff of Roxburghshire. He succeeded to Torsonce on the death of his brother and never married. (4) Sir John Pringle the celebrated surgeon. Sir Robert Pringle (Fourth Laird : Third Baronet). He was the eldest son of Sir John Pringle. He married Katharine, daughter of James Pringle of Torwoodlee. and died aged eighty-eight. Sir James Pringle (Fifth Laird ; Fourth Baronet). He was the eldest son of Sir Robert Pringle. He served first of all in the Fusiliers, and later commanded the 59th Regiment. Later, he was colonel of the Southern Fencibles ; and after 1797 commanded the Roxburghshire Yeomanry Cavalry. He was Master of Works in Scotland ; and M.P. for Berwickshire in four Parliaments. He became also captain of the Royal Archers, the king's bodyguard in Scotland ; and his portrait as an archer hangs in Archers' Hall, Edinburgh. He died in 1809. He married Elizabeth, daughter of Norman Macleod of Macleod, by whom he had three sons and three daughters. (1) Robert pre- deceased his father. (2) John who succeeded as fifth baronet. (3) Norman, major of the 21st North British Fusiliers; and later, British Consul at Stockholm. He purchased Torsonce from his father : but later sold it. Sir John Pringle (Sixth Laird ; Fifth Baronet). He was born in 17S4,and was second son of Sir James Pringle. He served for ten years in the 12th Light Dragoons. He married, first, his cousin Emilia Anne, second daughter of General Macleod APP. vil] THE PRINGLE FAMILY 238 of Macleod, and had three sons and five daughters. And married again, Lady Elizabeth Maitland Campbell; daughter of the first Marquis of Breadalbane, who had two daughters. — the elder of whom married the tenth Earl of Haddington. His heir was James his eldest son. His second son Norman was accidentally drowned in the Thames. Sir John was the last of the Pringles to reside at Stitchill. Sir John Privgle. Baronet. He was not one of the lairds of Stitchill, but was the youngest son of Sir John Pringle, the second baronet, and Magdalen Elliot. He was born, however, at Stitchill House, on the 10th April 1707, during the period covered by the Baron Court Records. He was trained for the profession of medicine at St Andrews, Edinburgh and Leyden; graduating as M.D. at the last, in 1730. After studying also at Paris he settled in Edinburgh as a physician. In 1734 he was appointed assistant and successor to Professor Scott in the Chair of Moral Philosophy. In 1742 he was nomi- nated physician to the Earl of Stair, Commander-in-Chief of the British Army : and also physician to the military hospital in Flanders. He was present at the Battle of Dettingen on 26th June 1743. He became physician-general to the army of the Nether- lands, whereupon he resigned his appointment in the University of Edinburgh. During the Scottish Campaign of 1745 and 1746 he was attached to the Royal Forces, and spent the two follow- ing years with the army on the Continent. After the peace of 1748 he returned to Britain and settled in London, where he was a member of the Royal Society, and became physician to the Duke of Cumberland. He now published the results of his researches in the domain of medicine, such as those upon antiseptic and septic substances : hospital or jail fever : diseases of the army, etc. In 1763 he became physician extraordinary to the queen ; and was created a baronet in 1766. He was appointed physician extraordinary to the king in 1774 : and was a member of many scientific and medical societies. His health began to fail, neces- sitating his return to Edinburgh. But the rigour of the climate compelled him to go back to London, where he died in 17S2 aged seventy-five. A monument to his memory was erected in Westminster Abbey. The baronetcy became extinct at his death. u H H CO ft O c "o u CO ^ ■J < PQ — — > o w w H < U o o w o "go rt « cu .g .ti i-t ,0 cu u 10 - - •Coo o c 03 vO - ci 75 5 ^-5 a. .2 3 «5 J 8 5 *8 5 jj I to ™s _ c o _ 72 CU ° £ .3 v w <-> cu - S T3 sc: P o en ■ C rt II .5; « J Oh <•* IS « 4J i- o 5 2 >« : o CU O 11 £0 «u o .a — > o 5.? T-> cu <'-3 CU g C c E o d E c ° O Oh sin o sis J u to O T5 "cd io O 1e S Mg CU ^ CU g£.c JQ O si ■ S O o5 o — •— o •a* £ O S = ° «S ■£ — "2 b P u be — d 3£ -o d 2 3.S o Ms •2 * *o" ° o c W "E nl c = b — m t/l vO b^~ %2 v co «2 5 • ►J ■ m £ 2 B a) «a v ^ <*-i (0 w O « S iJ c O fcij'u ~ c CU H u CU o b u bo 5 J* 31 2 O JZ OJ b£ *W p Bee w bo ■ - k-l -t-> 0) i I ~.J§ "111" CQ.s-2 I -X! O is g —.-a co d &; oo d - c >-J . •r o 111? a; S3 ft CO .Si Z: o E »H «* j5i <_ C o u rt « c *r.S •r o u ^2 o o 5^, n O W "5 «-< _ . ^ (0 « 111 « o 52 H o 43 -a fcfl c 5v2 Si U o c c 3 g ro s b = X « - 2 c -5 o o ^ O j2 <*- o rt O s ° b oj I5> 19. 20, 44; fined for assault, 22, 51, 54 ; fined for keeping swine in summer, 24 ; fined for scandal, 64. Cannonhead, Ralph, in Edenmouth, 196. Carey, sir Robert, warden of the Eastern Marches, xxxiii. Carmichael, sir John, warden of the Middle Marches, xxxiii. Carriage of goods, etc., 34 and n, 35, 56, 60, 71, 79, 104, 105, 162, 165, 173, 220. Ceddy, Alexander, fined for straiks and riot, 31. Cess, 57. Charteris, Adam, 144, 155, 156, 160; fined for a riot, 157. Margaret, 204. Church of Scotland and its mode of worship, xxvii. Churchyard, tenants to supply a worker for removing rubbish in, xv, 116- 117. Clappertoune, Anna, 7. Coals, 36, 45. Cockburn, Margaret, 160. Compulsory education, xxiv, 103 and «, 122. Concurr, Richard, in Dunse, 61, 77. Contempt of court, 23, 34, 135, 150, 151, 162, 176, 211. Contravention of arrestment, 182. Contumacy, III, 118, 169, 175, I77» 178. Corbraith, Peter, in Ednam, 78. Corn, 25, 164. Corporal punishment, 112 and «, 151. Cossar, George, 9. BARON COURT OF STITCHILL Cossar, James, portioner in Hassing- tone, 54. Cossars, Marioun, 7. Cot-houses to be furnished with divots, 131- Cottersone, Agnes. 34. Courtney. Elizabeth, 44 and n. Thomas, S4. in Fogo, 94. chapman, 86. William, 57, 60, 61, 66, 93. Cowan, David, in Ednam, 51. work, 1 16 and n. Cows, price of, 57, 105, 132, 134, 137, 164, 179. 1S1. Cramont, Issabell, fined for contempt of court, 176. Cranstoune, George, in Xenthorne, 9. James, 36. Crawford, Margaret, 123. William, 122. Crimes and offences dealt with in Baron Courts, xxii, 215. Croftheads, 1S9, 190. Croft Hilly, 189. Croke Quarter, 1S9. Cromby, Robert, 53. Crottar, Jeremy, portioner at Home, 24. John, 27. Currie, James, 195. John, 149, 154, 155. Cuthbertson (Cudbertson), Henry, weaver, 90. William, weaver, 141. Darling, Andrew, 224. Dawson (Dasone), James, in. Harper- town, 78. in Hume, 54, 57, 60. John, in Harpertown, 195. Defamation, 57. Deforcement, 35, 57, 73, 90, 106, 126, 132, 176, 1S2, 215. Deuchar, Tames, proprietor of Stitchill, 236. Dickson, Archd., 10S, III. Christian, 68. George, 54, 137- Tames, clerk of court, 200. in Home, 84. cordiner in Ednam, 65. in Park End, 153. Tohn, minister at Lantrive, 169." cordiner, 89, 90, 94. tailor in Kelso, 158. fined for scandalous language, 195- Dickson, Margaret, 35, 42 : fined for assault, 10. 112. Robert, S, 20. William, in Ednim, S4, 109. in Oxmoor, 172. Dinmonts, price of, 77. Dods, James, 159. Tohn, baron court officer, 210. Mark, 25. Donaldson, James, 6, 14, 21 ; fined for assault; 7. in Ednam, 135. John, 2, 10, 12. fined for blood wyte, 31. Will., in Hassingden, 196. Double multure, 73. Douglas, Marion, 72, 96, 97. Thomas, schoolmaster, 213, 224. Dow, John, in Nenthorn, 20. Margaret, 20. Dowcat Mains, 100. Downie, William, in Runningburn, 211, 213, 214. Dress of the common people, xx. Drunkenness, act against, 4 and n. Duncan, Helen, 60. Dundas, sir Robert, of Arniston, 231. Dykes, act anent making dykes, 50. penalty for breaking, 140, 184. repair of, 95. Easton (Eiston), Alexander, 38. Andro, in Runningburn, 26. Katherein, 40, 46, 47, 52, 54, 55, 62. Edgar, Robert, in Rummeltonlaw, 78. Edmonstoun, Issobell, 170. Nellie, 109. Education compulsory, xxiv. 103 and «, 122. Elliot, Magdalen, wife of sir John Pringle of Stitchill, 231. Margaret, fined for scandal, 4. Walter, fined for assault, 39. Ennle-sheitt, 121 and ». Ewes, price of, 69, 73, 77, 93, 172 Fairbairn, Archibald, miller at Ednim, 130. Elspeth, 81, 118, 121. James, 9, 10, 14 ; fined for buying bridal bread, 47. John, in Bowes, 108. charged with scandal, 150. Margaret, 19. Richard, 24, 25, 52. Robert, II, 39; fined for dis- obeying the baron bailie, 153. Thomas, 52. Fallsyde, Issobell, 12. INDEX 241 Fast-days, xxix. Fees. See Wages. Feudalism in Scotland, xi, xrr. Fines for drunkenness, etc, to be handed over to the kirk-session, 5 and n ; list of, 222. See also under separate entries, as Assaults, Deforce- ment, etc Fleemrigg, 173, 189, 190. Ford, William. 75. Forrest, Davie, clerk of court, 199. French, Ede., juryman, 2. George, 7, 10, 11, 14, 19, 22, 26, 34, 35 ; fined for assault, xxiii, 9 ; fined for keepirg swine in summer. 24, 55 ; fined for abstracting mul- tures, 36. Johne, 17, 34, 41 ; fined for defamation, xiii, 5S. Robert, fined for assault, 39. William, 14. Gala law, 173. Galbraith, John. 5. Margfat, 152. Thomas. 90, 137, 149 : fined for deforcement, 00 ; fined for scandal. 150. Gardiner, Alex., weaver. 177, 181, 1S7 ; fined for assault. 167, 182. Ninian, 187 ; fined for assault, 178, 192. Geese, regulation anent the keeping of, 45- Geills, Andro, in Home Byres. 85. Gib, George, in Home. 1 54. Gibesone, Robert, 19. Giffen. Alexander. 27, 45. 46, 49, 52, 6a Andro, 2, 4, 5, 9, II, 12, 14-lS. _ passim. Margra:. 68. Patrick, 27. 34, 36, 49, 52, 64. Robert, S3. 84, oS, 14a 141, 153. 171 ; fined for assault. 86. Gillespy, John, in Maynrigg. 134. Glasgow, Patrick, 172. 196 ; fined for removing a poinded horse, 167. Glen, John, minister, 224. Gordon, sir John, of Lochia var, sells Stitchill to'Pringle, 231. Gottal, 14. Gotterstone or Guttersone, Catherine. Robert, 39. William, 41, 51. Gottraw. See Guthrie. Graip, Si. Grass maiil, 10, 21, 26, 28, 32, 35, 38, 42, 44- 76, iSSr 204. Gray, Thomas, in Smaflbolme, 41, 42. Greenslae. Alexander. 80. Walter, 80. Grieve, lames, in Tofts, 43. Grigor, Peter. See M'Gregor. Gunn,rev. George, minister of Stitchill, 236. Guthrie iGotrae, Guttraw , Alison. c>. 99, 100. James, minister, 226, 227. Jane, 26. Joanet, 46, 47, 5* 55 John, 14, 20, 33, 34. 37, 43, 44, 51; nned f:r assaulting his er, 18 ; fined for keeping swine in summer, 24: fined for illegal posses- sion of a house, 31. Richard, 2, 6, 7, II, 19; fined for ' blood wyl/ 18 ; fined for keeping swine in summer, 24 ; fined for Sabbath nrithnahin ltd I'.iocwy:, 124: fined for assault, 141. Guttersor.e. See Getter-one. Haggart. See Hogarth. Haig, Thomas, in Stitchill snnn-mi"', 210. Haining, lady. 22S. Haitly, Margaret, 192. Half-crown penalties, 114 and m. j Half-pennies, scarcity of, 190. Haliday, Joan, fined for contempt of court, 176. Robert, 165. Hail, James, bocriaw oincer, 8. Halyburtone, Thomas, schoolmaster, 43, 44, 224- Hamilton. Adam. 7c : hne-d fir cm- cealing unteindee com, 25. Alexander, in Mi";:;. :fc. weaver, 90. Alisoune, 9. 7, ~S. Andro. minister, IOQ. Ed., 2. George, 7, 10. 12, 52. 15S : fined :*:r riots. So : hnei t:r drea Vr g stable. $9 ; fined for breaking dykes, 1S4. Henry. :n ^ieen?iu:— . :c. James, 10, 14, iS, 87. John, 56, 90, 1S4: fined for negligence. ?4- Ka-Jierine. lady Sutchti:. S and «, 16. iS. 25. 2$. 32 and ■;. 54, 35. Magdalen. 105. raft Robert. 2. "12. 15. id. iO. 51 : 242 BARON COURT OF STITCHILL fined for keeping swine in summer, 24 ; fined for abstracting hummle corn, 71 ; fined for stealing pease, 80. Hamilton Thomas, 2. Handyside, Joanet, in Kelso, 51. Harden, 130, 179. Harvest fees, 8, 17, 43, 70, 74, 84, 87, 91, 96-98, 107-110, 112, 119, 133, 135, 141, 144. Hay, James, weaver, 202. John, weaver, 199. Headstones, removal of, 158. Henderson, Adam, 67. or Henryson, Issobell, fined for scandal, 175. John, 5, 38 ; fined for assault, 9, 10. Margaret, 192. Thomas, 14, 24, 28, 38, 137, 138 ; fined for assault, 9, 10, Herd's fee, 43. Herdsmen, regulations for, 15, 16. Heritable jurisdictions, abolition of, xi, xiv. Herring, 87, 108. Hewatt, Richard, in Queenscairn, 207- 210. 213, 214. Heymer, James, 212. Robert, 191, 202. Hill, Joan, fined for deforcement, 126. Hislop (Heislope, Hyslop), Alexander, 118, 132, 140, 144, 160, 164. John, fined for throwing his ser- vant into the fire, 208. Thomas, fined for scandalous language, 195. Hog or Hogge, Alexander, in Home, 19. Edward, 3. James, litster, 65 ; fined for assault, 64. weaver, 118. Robert, 56, 58 ; fined for con- tempt of court, 23 : fined for rioting and assault, 47-48, 57. Hogarth (Haggeard, Hoggart), Adam, 2, 6, 7, 12, 17, 39, 49, 56, 58, 130, 152, 165, 169; fined for abstracted multures, 123 ; fined for deforce- ment, 132. Agnes, 134. Alexander, 26. Alison, 194 ; fined for breaking a fir, 161. Andro, 14, 17, 19, 20, 24, 51, 52, 144, 151. 153, 156, 165; fined for assault, 29 ; fined for buying bridal bread, 42. Hogarth, David, fined for keeping swine in summer, 24 ; fined for a riot, 71. Issobell, fined for scandal, 175. James, in Bailie Knowe, 208, 210,213. in Maynrigg, 130, 132, 142, 144- John, 22, 41, 43, 53; fined for assault, 47-48 ; fined for opprobious speeches, 54. Marion, fined for deforcement, 126. Robert, 132 ; fined for house- breaking and assault, in. Thomas, 12, 22, 23, 53, 55 ; fined for assault, 63. William, 2-4, 7, 9, 10, 17, 19, 2 4» 43> 58 ; fined for assault, 24 ; fined for keeping swine in summer, 55- Home, 6 and n. Alexander, minister, 224. David, in Home, 96. Homebyres, 42. Hope, George, 20, 37. in Park End, 97. Margaret, wife of Robert Pringle of Stitchill, 1 «, 231. William, 167 ; fined for a riot, 176. Hopper, Alex., 112. Henry, 2, 6, 8. John, 138. Robert, 25, 36, 101, 133, 168; fined for blood wyte, 71. William, 9, II, 17, 20, 83. Horsburgh, John, 90. Horses, 61 «, 62, 67, 75, 118, 153, 154, 164, 165, 172. Sm also Mares. Hose, 88. House-breaking, ill. House rent, 20, 87, 145, 152, 202. Hud, Andro, in Rummilton Law, 85. Humly Knows, 16. Hummle corn, 71 and «, 106, 107, 177, 220. Hundalee, 162. Hunter, Maissie, 8. Hutson, John, merchant in Kelso, 142. William, 20 ; fined for riot and straickes, 57. Illegal possession, 31. Immery, William, inn-keeper, 210. Infield Croke, 190. Inglis, Jannett, in Lochtoune, 134. INDEX Inglis, Thomas, in Hume, 8. Innes, Joan, fined for going over a hedge, 176. Iron girth, 20. Jamiesox, Bessie, 17. Japhrae, William, in Homebyres, 179. Johnstone, Elspeth, in Blakader, 114. George, 94, 116. in Eastfield, 213, 214. James, 54 ; in Queenscairne, fined for deforcing the bourlaw officer, 106. Janet, 12, 20; fined for slander, 5- Peter, in Sweethope, 213, 214. William, in Overmayns, 133. Jurymen, election of, 2 and n ; fined for absence, 11. Kaill plaxts, 130. Kayne fowls, xiv, 12, 33, 34 and n, 36, 80, 128, 215, 220. Kaynes of Sweethope, 36. Keith, William, schoolmaster, 103, 224. Kennedy, William, in Hareheught, 210. Ker, sir Andrew, of Greenhead, a prisoner in Edinburgh castle, 228. col. Gilbert, 227. James, merchand in Kelso, 71. at Stitchill mylne, 84, 87. ■ Mark, 91, 97, 109. sir Robert, xxxiii. Thomas, 15. Kiln, setting fire to, 8. Kirk-sessions, discipline of, xxvi ; sen- tences to be enforced by the baron court, 21, 33. Laidley, Agxes, 198. (Ladla), George, in Ednam, 195. Lamb, Agnes, 161, 163 ; fined for deforcing a sheriff-officer, 126. Euphan, 72 ; fined for scandal, 4, 5- James, 2, 81. yr. in Over Stitchill, fined for assault, xxiii, 22. Janet, 137, 152. John, in Maidenhall, 149. Robert, 82. Thomas, 2, 10, 11, 18. Landreth, William, in Sweethope, 207. Laurie (Lowry), Alex., 2, 6, 7, 20, 29, 43,49,77,89; fined for deforcement, 73- Laurie, Alisone, 56, 172. George, in Queenscairn, 197, 200-206. Issobell, 5. James, 12, 19, 31, 32, 34, 192. John, 4, 6, 7, 9, 27, 35, 172, 188 ; fined for keeping swine in summer, 24 ; fined for assault, 28, 56, 185. Thomas, 24, 63, 154. Walter, in Rinningburne, 81, 89, 93. 94, 96, 97, 99, 104, 105, 109; fined for abstracting grain, 106. William, procurator fiscal, 8, 71, 73, 79, 85, 86. Learmount, Barbara, 4. Lee, Agnes, 141. Leitche, James, 53. Leith, James, herd, 53. Leithheid, James, 65, 69, 71, 75, 76. Samuel, 69. Lennox, James, procurator-fiscal, 9. schoolmaster, xiii, 6, 21, 33, 224. Lidgait, James, 47-49, 64. Liggaitt, Robert, 123, 133. Lillie, Agnes, 64, 68-70, 78. James, 18. John, smith in Stitchill, 26, 34, 35, 37, 40, 46 passim. Robert, smith in Stitchill, 6, 10, 14, 18, 19, 24, 26, 28, 34 passim ; fined for assault, 31, 96. Lindores, John, in Home, 167. Linen, 66, 84, 119, 130, 149. Alexander, 196, 210-213. George, gardener, 199. Lint, 70, 120, 168, 197 ; placing of lint in lochs, etc., forbidden, 86, 115, 116, 147, 148, 162. Lint seed, 130, 186. Livingstone, John, minister at Ancrum, 227. Lochtoune, 134 and n. Locke, Josua, gardener at Neuton, 169. Lockie, James, minister in Stirling, 225. Long Riggs, 189, 191. Macdowell, James, fined for buying bridal bread, xvi, 37. Margrat, 66. William, 60. McGregor, Peter, 159, 163, 164, 168, 172, 174, 178, 181. Mack, John, in Gordon Mains, 167. Maclaurin, James, in Parkend, 213, 214. £44 BARON COURT OF STITCHILL Macleod, Elizabeth, wife of sir James Pringle of Stitchill, 232. Emilia Anne, wife of sir John Pringle of Stitchill, 232. Maills, 28, 30, 34 and n, 40. See also Grass Maills. Main, John, 202. Maison, George, at Neuton miln, 181. William, 60, 125. Maisson, Alexander, 52. Malt, 96, 125, 137. Manderstone, James, in Harlae, 164. March stones, removal of, 1S7. Mares, prices of, 2S, 59, 60, 62, 66, 87, 128, 149, 154, 16S. Marjoribanks, James, wright, 154. Simon, 202 ; fined for contumacy, 1/5- Marshall, Alexander, in Home, 141. Andro, fined for assault, 129. Johne, in Home, 59. Margaret, 75, 128. Mather, James, 135, 137. John, weaver in Kelso, 1 53. Matthew, James, 116. Meal, xvii'i, 69, 78, 94, 99, 129, 134, 140, 155, 166, 169, 172, 174, 204. Mealmakers, 147, 148. Meilke, John, in Mellerstayn, 154. Mein, John, fined for abstraction of grain, 107. Middlemost, Nathaniel, sequestration of, 199. Militia act, breach of, 53 and n. Mill regulations, 16 and «, 22, 23 ; thirlage, xv, 16 and n, 29 and n ; abstracted multures, 36-37 and «, 42-44, 73» 106 and n, 107, 112- 113 and «, 123; complaint against the Stitchill miller, 46 ; conveyance of millstones, xvi, SS and // ; tenants to bring home mill axle-trees, 112, 113 u ; divots and thatch to be provided by tenants, 152, 169. George, in Sweethope, 210. Tenett, 97, 144. (Mylle), Thomas, 25, 89. William, 58, 72, 99. Miller, George, at Stitchill mill, 89. John, fined for assault, 174 ; fined for contumacy, 178; fined for con- travention of arrestment, 182. Patrick, 1 15; fined for con- tumacy, III. in Dunse, 137. in Sweethope, 135, 141, 155- Miller, William, in Henderside, 195, 196. Mill-stone silver, 10, 21, 221. Ministers, list of, 224. Moffat, Adam, fined for piping at bridals, xxxv, William, 10, 22-24, 4^, 54> 01 5 fined for buying bridal bread, 37. Muck, price of, 78. Muckitland oats, 76. Muirehead, Margaret, fined for scandal, 4, 5 ; fined for contempt of court, ! 23. Multure. See Mill. Murdy, Andro, 114. Murrie, George, in Coldstream, 75. Mylle. See Mill. Naigs. See Horses. Neffl, Adam, 81. Nenthorne, 3 and tt. Newhall, I n, 231. Nisbet, Andro, 2, 40, 42. George, 22, 64, 75-77. Issobell, 80, 86. William, 2-5, 7, 9, II, 14 passim. Oatmeal. See Meal. Oat rig, 190. Oats (Aits), xviii,,iq, 20, 25, 74, 76, 78, 81, 89, 91, 104, 131, 133, 137, 138, 153, 161, 169. Opprobrious speeches, 54, 64. See also Defamation : Scandal. Ormestoune, Issobell, in Queenscairne, 68, 98. Oxcroft, 191. Oxen, 38, 90. Paddon Loch, 173. Patersone, Agnes, 20. Elspeth, 166. George, 7. commissary officer, Kelso, , 126. in Galloshealls, 75. James, in Fogo, 39. John, weaver, 158. Pearsone, Johne, in Hassingtoune, 59. Thomas, notary public, 15, 17, IS, 23, 27, passim. in Nenthorne Burne Brae, 3- Pease, 19, 22, 62, 67, 74, 75, 78, 94» 123, 130, 133, 158. Peats, 14, 59, 75, 78, 79, ico, 104, 144. Peatt, Richard, 14. Peirie, Andro, in Prestounpans, 144. INDEX 245 Penny bridals. See Weddings. Plaiding, 65, 81. Ploughing, 62, 148. Poaching, 147. Potts, Charles, nottar in Kelso, 188. Precentors salary, 21. Prestoune, James, 14 ; fined for con- tempt of court, 34. Prices of chief anicles mentioned in the records, 221, 223. Pringle, Andro, 3. Anne, daughter of Walter Pringle of Greenknow, 229. Francis, of Homebyres, 42. of Rowingstoune, 55 and n. George, of Xewhall, 231. in Kelso, 85. mailman, 69, 70, 72, 79. Gilbert, son of sir John of Stitchill, 231. Issobel, 6, 14, 17, 25, 34. spouse to James Wilson in Kelso, 164. sir James, of Stitch:!!, 207 and », . 210, 224, 232. James, notary public, 67, 71, 74, 77- Janet, wife of Walter Pringle of Greenknow, 20 and «, 226. sir John, 3rd of Stitchill, 107 and «, 108, 180 and n, 224, 232. sir John, 6th of Stitchill, note on, 232. sir John, ban., M.D., note on, 232, 233. John, of Smatlholme, 10 «. Katharine, daughter of Pringle of Tor wood lee, 232. daughter of Walter Pringle of Greenknow, 226, 22S. Margaret, daughter of Pringle of Torsonce, 231. Norman, 233. Robert, of Newhall, 231. Robert, 1st of S archill, 1 and », 231- sir Robert, 2nd of Stitchill. 1 and m, 16, 23-2S passim, 93 and rt, 107 w, 206 and «, 223. 224. 231. 4th of Sritrhril, note on, 1 So «, 1S3, 224, 232. Rt. Hon. Robert, secretary for war, 231. Robert, merchant in Home, 14S, 154. 163, 16S. Thomas, W.S., 231. Walter, of Greenknow, xxxi, 1 and », 3 n, 223, 224, 231. Pringle, Walter, of Graycrook, advo- cate, 32 and «, 55 n, 231. sir Walter, of Loch ton, 1 n, 134 n, 231. Walter, of Torsonce, sheriff of Roxburghshire, 232. Waiter, advocate, 40 and «, 41. of Whitebank, 225. Pringles of Stitchill, genealogy of, 234- Provocation, fines for, 54, 57. Pundlers, 8 and *r, 37. Pun tan. Tanner:, 114, 157. Purves, Colbert, 66. Issobel 1, fined for deforcement and scandal, 176. James, 93, 99, IOO. 'ear, 125. "Margaret, 1 07, 10S. Peter, 63, 12S. William, in Stitchill, 87. Queenscairne, 29 and «, 173, 189. Quhiggenshall, Thomas, nned - for assault, 9, II. Quhyte. See Whyte. Ramsay, William, fined for riots, 80, Red path, George, minister, 224. servitor, 135. Rentals, 38, 40, 45, 56, 75, 87, 145, 202. Richardson Richisone , Adam, 144. James, 61. John, dned for removing unrein cei corn, 121. Margrat, 72, 88. Riots, 22, 35, 36, 47, 48, 51, 71 , So, 90, 96, in, 112, 157. See also Assaults. Riv land, 61 *, 62. Robertson (Robysone), Alexander, 59, 62, 66, 77, S7. Andro, fined for assault, 47, 4S, David, gardener, 78. James, fined for cheating at teind- ing, 117 and n. John, i2i, 140; fined for cal- umny, 104. Rottins, 1S4. Rurmingburn, 173, 1S0. 190. Rye, 72. Sabbath Profanation, xxiii, 124. Sack, 133, 134. * Sacking cloth, 15S. sch :-:ls. xxi>:v. 246 BARON COURT OF STITCHILL Scandal, 58, 64, 157, 175, 176, 186, 187, 195. Schoolmaster's salary, 6, 21, 33, 43, 44, 82, 103, 163, 187, 189, 194. Schoolmasters, list of, 224. Scolding, 5, 23. Scotland under Cromwell, ix-x, xiv ; literature of the common people, xxxii ; games, xxxiii ; songs and ballads, xxxv ; witchcraft, xxxvii. Scott, Alexander, fined for a spuilzie, 157. Andrew, minister, 224. Cirstan, 5, 14. John, dyster, 183, 184, 185, 186. Margaret, wife of John Pringle of Stitchill, 19, 26, 30, 32 and n, 36, 38, 40, 41, 56. of Queenscairne, 77, and n. Walter, in Baillie Know, 193, 194, 195 ; fined for scandal, 157. Scougall, John, 126. Service, Dorritie, 68. James, 74, 94. William, 42, 74, 78, 92 ; fined for hiding a militiaman, 53. Shearing, 72, 76. Sheep, 53 ; pulling wool off sheep, 1 1 5. Sheep-folds, 158. Sheill, Andrew, 172. James, 159. Shoes, 75, 89, 91, 179. Silver maills, 32. Sim, Alexander, 196. Arthur, an absconding debtor, 193- Simm, Thomas, 125, 148. Simson, Peter, in Parkend, 211. Sinclair, Henry, charged with assault, 96. John, in Haryheuch, 129, 144. Robert, in Home, 105. Sked, William, in Falsyde, 75, Sklaitter, Thomas, at Newton mylne, 134. Slander, xxiii, 6. Smailholme, 10 and n. Small, Alexander, wright, 101. Smith (Smythe), Abhm., juryman, 2. Alexander, in Legars, 210, 213. George, 9, 23 ; fined for blas- phemy, 4. John, schoolmaster, 197, 224. at Park End, 78. fined for assault and con- tempt of court, 135. Margaret, 53. Smithy fees, 26 and n, 56, 58, 65, 74. Smitton, John, burlawman, 198. Smuggling, 147, 148. Snuff-mill, 210. Soldiers' billeting, 13 and w, 123 and ;;. Sounnis, Agnes, 142. Spiers, Adam, fined for calumny, 208. Spinning, 128. Stable breaking, 89. Staigs' grass, 61 and n. Starke, rev. David, minister at Stitchill, xxvi, 5 n, 34, 44 and w, 224. David, fined for assault, 63. Steill, James, 103 ; fined for abstracted multures, 123. Stevisone, Edward, in Humebyres, fined for assault, 30. Issobell, 21, 31-33, 36. James, in Hume Byres, 159; fined for removing a horse, 167. Johne, in Humebyres, 27. Stewart, John, in Stitchill mill, 73, 83. Stitchill, description of, xii ; proprie- tors and tenants of Stitchill house, 231, 236. Place, 29 and «, 30. lady. See Hamilton, Katherine. lady, younger. See Scot, Mar- garet. Stots, price of, 52. Stott, Alexander, 83. Cirstan, hned for contempt of court, 23. Straiton, James, minister, 228. Sudden, Thomas, 203. Sugar loaves, 83. Sumptuary laws, xx, 97. Swanston, And., in Hume, 196. Bessie, in Home, 142. William, in Hume, 37. Swearing, fines for, 4, 5. Sweethope, 189, 191. Swine, acts relating to, 1 7 1 ; fines for keeping swine in summer, 2 and «, 24, 28, 55, 181. Taylor (Taylzeour), George, gar- dener at Berwick, 126. James, fined for the spulzie of a naig, 106. Richard, in Queenscairne, 68, 74, 87,94,97, no, 112, 137, 140, 154; fined for a riot, 57 ; fined lor lead- ing unteinded corn, 80 ; fined for deforcing the bourlaw officer, 106. Robert, in Queenscairne, 4, 43, 73, 83, 145 ; fined for leading un- teinded corn, 80. William, in Queenscairne, 20, 23, 24, 55 : fined for assault, 145. Teinds, xv, 2 and «, 22, 26, 35, 81, 95, INDEX 247 196, 215 ; concealing unteinded corn, 25 ; unteinded corn, 80, 121 ; teind frauds, 117 and n. Templehall, Berwickshire, 231. Tenants, act of parliament anent, 101- 102 ; service to the laird, 107. See also under Mill. Thirlage, xv, 16 and «, 29 and », 36- 37 and n. Thomson, Bessie, 17. Issobell, 25. James, 24, 26, 27, 52, 90, 94, 196. John, 15, 57, 90. Mathew, 9, 90 ; fined for deforce- ment, 35, 57. William, 49, 90, 132, 142. Threshing, payment for, 67, 99. Tilling, cost of, 131, 16 1. Trees, cutting of, xvi, 38, 50, 80. planting of, 49, 50, 53, 55, 56, 113. Trespassing, 12, 16, 42, 46, 50, 139, 181. See also Apprised corn. Trotter, Beatrix, 133. Issobell, 55. Joan, 129. Margaret, 17, 21. Robert, in Hume, 211. Turnbull, Adam, in Home, 166. Bessie, 82. Cathrein, 88, 89. Hector, 97, 118. Issobell, 3, 11, 14, 38; fined for scolding, 5 ; fined for assault, 7. Tames, 165, 176. (Trumble), Margrat, 66, 79, 84, 85, 87, 93, 97, 105, 1 10 ; fined for assault, 174. William, II, 49, 76. Turner, John, schoolmaster, 65, 81, 224. in Carchesters, 87. in Nether Stitchill, 85. William, 174. Turten, John, in Eist Gordoun, 109. Underwood, Tohne, 13, 40, 47, 50, 51, 56, 90, 188. Margrat, 77. Thomas, 91, no, 126, 142, 199; fined for deforcing a sheriff officer, 126. schoolmaster, 224. Urmestoune, Marke, in Smailholme, 10. Utterstone, Gavin, fined for riot, 79, 80. Vair, Thomas, 8, 72. Veitch, William, covenanter, xxx, 29 n. Vicarage teinds, 12-13 an< * 95, 1 17 and n. Waddell, Robert, weaver, 192. Wady, Mungo, 12, 19, 20. Wages, xxi, 3, 7, 10, 11, 13, 14, 17, 23, 24, 32, 40, 42, 44, 53, 55, 58, 62, 63, 66, 67, 75, 77, 78, 80, 81, 83, 84, 86- 89, 95, 105, 106, 119, 122, 133, 167, 183, 185. See also Harvest fees. Wain, carriage of, 104. Waitt, John, fined for taking away a grey mare, 179. Robert, 97, 121. Walker, Andrew, in Kaimflatt, 131, 166. James, in Linton Park, 70. • Watson, Andro, in Queenscairne, fined for leading unteinded corn, 80. James, waulker, 118, 124. John, in Queenscairne, 145. in Stitchill miln, 204. William, gardener, 40, 73. Waugh, Thomas, in Caldron Brae, 210. Waulk mill charges, 163 ; act relating to the waulk mill, 124 and n, 138. Weavers, 50, 90, 147, 148 ; fined for keeping untried weights and mea- sures, 120. Weaving, 94. Weddel, Joannet, 12. Wedding regulations, xvi, xxxiv, 22, 37, 42, 43, 47, 215; sumptuary laws, 97 ; dues, 103. Weights and measures. 84, 120, 147. Weir, Robert, in Park End, 162, 163. Welsh, John, 10. Thomas, in Dowcatt Mains, 100. William, 18. Whale, Andrew, schoolmaster, 183 and n, 187, 224. Whins, cutting of, 120, 171, 182, 184, 185. White (Quhyte), Adam, 10, 20. Thomas, soldier, pensioned for wounds received at Dunbar, xii, 3 and n. in Over Stitchill, 62, 72. William, weaver, 202. Whytlie, Robert, in Darnchesters. 179. Wilkie, Thomas, minister at Lilliesleaf, 225. Willobie, Thomas, merchand in Ber- wick, 82. Wilson, Andro. fined for contumacy and calumny, in. Barbara, ill. George, maltman, 137. James, 6, 15, 27, 36, 38, 164. 248 BARON COURT Wilson, Johne, 17, 91. in Craig End, 85. called ' Sobber John,' fined for assault, 63. fined for cheating at teinding, 117 and n. Mark, 15. William, schoolmaster of Stitchill, 135. 224. in Bailie Knowe, 206, 207. Windrim, Alexander, 15, 18, 20. John, 14, 17, 18, 47, 60; fined for assault, 48. Witchcraft, xxxvii, ill and n. Wood, Andro, at Sisterpath waulk- mylne, 105. George, in Greenknow, 67. in Rummelton Law, 100. OF STITCHILL Wood, James, 3, 8, 10, 20. John, 14. 36, 58. Nicholas, fined for scolding, 23- Thomas, fined for defamation, 57, I 63. Wool, 129 ; not to be pulled off sheep, I W I Wort-stain, 84. Wylie, Alexander, 203. I Yarn, 118. I Yeaman, Thomas, 129. Young, Gustavus, 59, 72. Younger, Agnes, 174. John, 125, 128, 133, 134, 140, 152, 154, 157. Printed by T. and A. 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Craig, William, Town Clerk, County Buildings. Dumbarton. Crawford, Donald, K.C., 35 Chester Street, Edinburgh. 90 Crockett, S. R., Penicuik. Crole, Gerard L., Advocate, 1 Royal Circus, Edinburgh. Cross, Robert, 13 Moray Place, Edinburgh. LIST OF MEMBERS 5 Cunningham, Captain, Leithen Lodge, Innerleithen. Cunningham, George, Advocate, 21 Royal Circus. Edinburgh. Curie, Alex. Ormiston, B.A., W.S., 8 S. Learmonth Gardens. Edinburgh. Curie, James, W.S., Priorwood, Melrose. Currie, W. R., Lochiel, Bearsden, Dumbartonshire. Cuthbert, Alex. A., 11 Alexandra Place, St. Andrews. Dalgleish, John J., Brankston Grange, Bogside Station, Stirling. 100 Dalrymple, Hon. Hew, Lochinch, Castle Kennedy, Wigtown- shire. Dalton, C, 32 West Cromwell Road, London, S.W. Davidson, Hugh, Braedale, Lanark. Davidson, J., Solicitor, Kirriemuir. Davidson, Rev. Thomas, 8 Rillbank Terrace, Edinburgh. Davies, J. Mair, C.A., Sheiling, Pollokshields, Glasgow. Dickson, Walter S., Advocate, 3 Royal Circus, Edinburgh. Dickson, William K., Advocate, 8 Gloucester Place, Edinburgh. Dickson, Win. Traquair, W.S., 11 Hill Street, Edinburgh. Dixon, John H., Dundarach, Pitlochry. 110 Doak, Rev. Andrew, M.A., 15 Queen's Road, Aberdeen. Dodds, Rev. James, D.D., The Manse, Corstorphine. Donaldson, James, LL.D., Principal, St. Andrews University. Douglas, David, 10 Castle Street, Edinburgh. Dowden, Right Rev. John, D.D., LL.D., Bishop of Edinburgh, 13 Learmonth Terrace, Edinburgh. Duff, T. Gordon, Drummuir, Keith. Duncan, John, 8 Lynedoch Place, Edinburgh. Dundas, Ralph, C.S., 28 Drumsheugh Gardens, Edinburgh. Dunn, Robert Hunter, -± Crown Terrace, Glasgow, W. Easton, Walter, 69 Buchanan Street, Glasgow. 120 Elliot, George H., 17 Princes Street, Edinburgh. Faulds, A. Wilson, Knockbuckle, Beith, Ayrshire. Ferguson, James, K.C., 10 Wemyss Place, Edinburgh. Ferguson, Rev. John, The Manse, Aberdalgie, Perthshire. 6 LIST OF MEMBERS Ferguson, R. C. Munro, Raith, Kirkcaldy. Findlay. John R., 27 Drumsheugh Gardens. Edinburgh. Findlay. Rev. Wm., 17 Comiston Drive, Edinburgh. Firth. Prof. Charles Harding, LL.D., 2 Northmoor Rd.. Oxford. Fleming. D. Hay, LL.D., 4 Chamberlain Road, Edinburgh. Fleming. J. A., K.C., 33 Melville Street, Edinburgh. 130 Fleming, Mrs., 12 Beaufort Gardens, London, S.W. Flint. Robert, D.D., LL.D., 1 Mountjoy Terrace, Mussel- burgh. Forbes, The Hon. Mrs. Atholl, Brux Lodge, Alford. Forrest, James R. P., 32 Broughton Place, Edinburgh. Foulis, T. X., 27 Cluny Gardens, Edinburgh. Fraser, Professor A. Campbell, D.C.L., LL.D., Gorton House, Hawthornden. Fraser, Hugh, Littlesilver, High Bickington, North Devon. Gairdner, C. D.. 2 Redlands Road, Kelvinside, Glasgow. Galletly, Edwin G., 71 Braid Avenue, Edinburgh. Gardner, Alexander, 7 Gilmour Street, Paisley. 14-0 Garson, William, W.S., 60 Palmerston Place, Edinburgh. Gartshore, Miss Murray, Ravelston, Blackhall, Edinburgh. Geddie, John, l6 Ann Street, Edinburgh. Geikie, Sir Archibald. LL.D.. 10 Chester Terrace, Regent's Park Road, London, X.W. Geikie, Prof. J.. LL.D., Kilmorie, Colinton Road, Edinburgh. Gibson, Andrew, 1 Hamilton Street, Govan. Gibson, J. C, c o James Forbes, S Bruce Street, Hillhead, Glasgow. Gibson, James T., LL.B., W.S.. 14 Regent Terrace, Edinburgh. Giles, Arthur, 107 Princes Street, Edinburgh. Gillespie, Mrs. G. R., 5 Darnaway Street, Edinburgh. 150 Gilmour, Major, The Inch, Liberton. Gladstone, Sir John R., Fasque, Laurencekirk. Goudie, Gilbert, F.S.A. Scot., 31 Great King Street, Edinburgh. Gourlay, Robert. LL.D., Marlborough Terrace, Kelvinside, Glasgow. LIST OF MEMBERS 7 Gow, Leonard, Hayston, Kelvinside, Glasgow. Graeme, Lieut. -Col. Laurence, Foothill, Shaldon, Teignmouth, Devon. Graeme, Lieut. -Col. R. C, Naval and Military Club, cotttst) l^tstorp t>octetp THE EXECUTIVE. 1904-1905. President. The Earl of Rosebery, K.G., K.T., LL.D. Chairman of Council. David Masson, LL.D., Historiographer Royal for Scotland. Council. Rev. Alexander D. Murdoch. Sir Arthur Mitchell, K.C.B., M.D., LED. A. Francis Steuart, Advocate. Sir Thomas Gibson Carmichael, Bart. John Rankine, K.C., LL.D., Professor of Scots Law in the University of Edinburgh. Sir James Balfour Paul, Lyon King of Arms. The Rev. Robert Flint, D.D. P. Hume Brown, M.A., LL.D., Professor of Ancient History and Palaeography in the L'niversity of Edinburgh. Right Rev. John Dowden, D.D.. Bishop of Edinburgh. Charles J. Guthrie, K.C. John A. Trail, LL.D.. W.S. J. Maitland Thomson, Advocate, Keeper of the Historical Department, ELM. Register House. Corresponding Members of the Council. Prof. C. H. Firth. LL.D., Oxford ; Rev. W. D. Macray. Oxford ; Prof. C. Sanford Terry, Aberdeen. Hon. Treasurer. J. T. Clark. Keeper of the Advocates Library. Int. Hon. Secretary. J. T. Clark. Keeper of the Advocates' Library. RULES 1. The object of the Society is the discovery and printing, under selected editorship, of unpublished documents illus- trative of the civil, religious, and social history of Scotland. The Society will also undertake, in exceptional cases, to issue translations of printed works of a similar nature, which have not hitherto been accessible in English. 2. The number of Members of the Society shall be limited to 400. 3. The affairs of the Society shall be managed by a Council, consisting of a Chairman, Treasurer, Secretary, and twelve elected Members, five to make a quorum. Three of the twelve elected Members shall retire annually by ballot, but they shall be eligible for re-election. 4. The Annual Subscription to the Society shall be One Guinea. The publications of the Society shall not be delivered to anv Member whose Subscription is in arrear, and no Member shall be permitted to receive more than one copv of the Societv's publications. 5. The Societv will undertake the issue of its own publica- tions, i.e. without the intervention of a publisher or any other paid agent. 6. The Society will issue yearly two octavo volumes of about 320 pages each. 7. An Annual General Meeting of the Society shall be held at the end of October, or at an approximate date to be determined by the Council. 8. Two stated Meetings of the Council shall be held each vear, one on the last Tuesday of May, the other on the Tues- dav preceding the day upon which the Annual General Meeting shall be held. The Secretary, on the request of three Members of the Council, shall call a special meeting of the Council. 9. Editors shall receive 20 copies of each volume they edit for the Society. 10. The owners of Manuscripts published by the Society w ill also be presented with a certain number of copies. 11. The Annual Balance-Sheet, Rules, and List of Members shall be printed. 12. No alteration shall be made in these Rules except at ;i General Meeting of the Societ v. A fortnight's notice of anv alteration to be proposed shall be given to the Members of the Council. PUBLICATIONS OF THE SCOTTISH HISTORY SOCIETY For the year 1886-1887. 1. Bishop Pococke's Tours in Scotland, 174-7-1 Tb'O. Edited by D. W. Kemp. 2. Diary and Account Book of William Cunningham of Craig- ends, 1673-1680. Edited by the Rev. James Dodds. D.D. For the year 1887-1888. 3. Grameidos libri sex : an heroic poem on the Campaign of 1689, by James Philip of Almerieclose. Translated and Edited by the Rev. A. D. Murdoch. 4-. The Register of the Kirk-Session of St. Andrews. Part I. 1559-1582. Edited by D. Hay Fleming. For the year 1888-1889. 5. Diary of the Rev. John Mill, Minister in Shetland. 1740- 1803. Edited by Gilbert Goudie. 6. Narrative of Mr. James Nimmo, a Covenanter, 1654-1709. Edited by W. G. Scott-Moncrieff. 7. The Register of the Kirk-Session of St. Andrews. Part ii. 1583-1600. Edited by D. Hay Fleming. For the year 1889-1890. 8. A List of Persons concerned in the Rebellion (1745). With a Preface by the Earl of Rosebery. Presented to the Society by the Earl of Rosebery. 9. Glamis Papers: The ' Book of Record/ a Diary written by Patrick, first Earl of Strathmore, and other documents (1684-89). Edited by A. H. Millar. 10. John Major's History of Greater Britain (1 521). Trans- lated and edited by Archibald Constable. 4 PUBLICATIONS For the year 1890-1891. 11. The Records of the Commissions of the General Assemblies, 164-6-47. Edited by the Rev. Professor Mitchell, D.D.. and the Rev. James Christie. D.D. 12. Court-Book of the Barony of Urie, 1604-1747. Edited by the Rev. D. G. Barron. For the year 1891-1892. IS. Memoirs of Sir John Clerk of Penicuik, Baronet. Ex- tracted by himself from his own Journals, 1676-1755. Edited by John M. Gray. 14. Diary of Col. the Hon. John Erskine of Carnock, 1683- 16S7. Edited by the Rev. Walter Macleod. For the year 1892-1893. 15. Miscellany of the Scottish History Society, First Volume — The Library of James n. 3 1573-85. Edited by G. F. Warner. — Documents illustrating Catholic Policy, 1596-98. T. G. Law. — Letters of Sir Thomas Hope, 1627-46. Rev. R. Paul. — Civil War Tapers, 1643-60. H. F. Morland Simpson. — Lauderdale Correspondence, 1660-77. Right Rev. John Dowden, D.D. — Turnbull's Diary, 1657-1704. Rev. R. Paul. — Masterton Papers, 1660-1719. A'. A. Xoel Paton. — Accompt of Expenses in Edinburgh, 1715. A. H. Millar. — Rebellion Papers, 1715 and 1745. H. Paton. 16. Account Book of Sir John Foulis of Ravelston (1671-1707). Edited by the Rev. A. W. Cornelius Hallen. For the year 1893-1894. 17. Letters and Papers illustrating the Relations between Charles ii. and Scotland in 1650. Edited by Samuel Rawson Gardiner, D.C.L., etc. 18. Scotland and the Commonwealth. Letters and Papers relating to the military government of scotland. aug. 1651— Dec 1653. Edited by C. H. Firth, M.A. For the year 1894-1895. 19. The Jacobite Attempt of 1719- Letters of James, second Duke of Ormonde. Edited by W. K. Dickson. 20. 21. The Lyon in Mourning, or a Collection of Speeches, Letters, Journals, etc.. relative to the Affairs of Prince Charles Edward Stuart, by Bishop Forbes. 1746-1775. Edited by Henry Paton. Vols. 1. and 11. PUBLICATIONS 5 For the year 1895-1896. 22. The Lyon in Mourning. Vol. in. 23. Itinerary of Prince Charles Edward (Supplement to the Lyon in Mourning). Compiled by W. B. Blaikie. 24. Extracts from the Presbytery Records of Inverness and Dingwall from 1638 to 1688. Edited by William Mackay. 25. Records of the Commissions of the General Assemblies {continued) for the years 1648 and 1649. Edited by the Rev. Professor Mitchell, D.D., and Rev. James Christie, D.D. For the year 1896-1897. 26. Wariston's Diary and other Papers — Johnston of Wariston's Diary, 1639. Edited by G. M. Paul. — The Honours of Scotland, 1651-52. C. R. A. Howden. — The Earl of Mar's Legacies, 1722, 1726. Hon. S. Erskine. — Letters by Mrs. Grant of Laggan. J. R. N. Macphail. Presented to the Society by Messrs. T. and A. Constable. 27. Memorials of John Murray of Broughton, 1740-1747. Edited by R. Fitzroy Bell. 28. The Compt Buik of David Wedderburne, Merchant of Dundee, 1587-1630. Edited by A. H. Millar. For the year 1897-1898. 29. 30. The Correspondence of De Montereul and the brothers De Bellievre, French Ambassadors in England and Scot- land, 1645-1648. Edited, with Translation, by J. G. FoTHERINGH AM. 2 Vols. For the year 1898-1899. 31. Scotland and the Protectorate. Letters and Papers relating to the military government of scotland, from January 1654 to June 1659. Edited by C. H. Firth, M.A. 32. Papers illustrating the History of the Scots Brigade in the Service of the United Netherlands, 1572-1782. Edited by James Ferguson, Vol. i. 1572-1697. 33. 34. Macfarlane's Genealogical Collections concerning Families in Scotland ; Manuscripts in the Advocates' Library. 2 vols. Edited by J. T. Clark, Keeper of the Library. Presented to the Society by the Trustees of the late Sir William Fraser, K.C.B. 6 PUBLICATIONS For the year 1899-1900. 35. Papers on the Scots Brigade in Holland, 1572-1782. Edited by James Ferguson. Vol. ii. 16*98-1782. (Nov. 1899-) 36. Journal of a Foreign Tour in l66'5 and 1666, and Portions of other Journals, by Sir John Lauder, Lord Fountainhall. Edited by Donald Crawford. (May 1900.) 37. Papal Negotiations with Mary Queen of Scots during her Reign in Scotland. Chiefly from the Vatican Archives. Edited by the Rev. J. Hungerford Pollen, S.J. (Nov. 1901.) For the year 1900-1901. 38. Papers on the Scots Brigade in Holland, 1572-1782 Edited by James Ferguson. Vol. in. 1. Rotterdam Papers: 2. The Remembrance, a Metrical Account of the War in Flanders, 1701-12, by John Scot, Soldier. (July 1901.) 39. The Diary of Andrew Hay of Craignethan, 1659-60. Edited by A. G. Reid, F.S.A.Scot. (Nov. 1901.) For the year 1901-1902. 40. Negotiations for the Union of England and Scotland in 1651-53. Edited by C. Sanford Terry. (March 1902.) 41. The Loyall Dissuasive. Memorial to the Laird of Cluny in Badenoch. Written in 1703, by Sir .Eneas Macpherson. Edited by the Rev. A. D. Murdoch. (July 1902.) For the year 1902-1903. 42. The Chartulary of Lindores, 1195-1479- Edited from the original MS. at Caprington Castle, Kilmarnock, by the Right Rev. John Dowden, D.D., Bishop of Edinburgh. (July 1903.) 43. A Letter from Mary Queen of Scots to the Duke of Guise, Jan. 1562. Reproduced in Facsimile from the Original MS. in the possession of the late John Scott, of Halkshill, Esq., C.B. Edited, with historical Introduction and Appendix of original illustrative Documents, by the Rev. J. Hungerford Pollen, S.J. (Jan. 1904.) Presented to the Society by the family 0/ the late Mr. Scott, <>/ Halkshill. PUBLICATIONS 7 44. Miscellany of the Scottish History Society, Second Volume — The Scottish King's Household, 14th Century. Edited by Mary Bateson. — The Scottish Nation in the University of Orleans, 1336-1538. John Kirkpatrick, LL.D. — The French Garrison at Dunbar, 1563. Roberts. Rait. — De Antiquitate Religionis apud Scotos, 1594. Henry D. G. Law. — Apology for William Maitland of Lethington, 1610. Andrew Lang-. — Letters of Bishop George Graeme, 1602-38. L. G. Graeme. — A Scottish Journie, 1641. C. H. Firth. — Narratives illustrating the Duke of Hamilton's Expedition to England, 1648. C. H. Firth. — Burnet-Leighton Papers, 1648-168-. H. C. Foxcroft. — Papers of Robert Erskine; Physician to Peter the Great, 1677-1720. Rev. Robert Paul. — Will of the Duchess of Albany, 1789. A. Francis Steuart. (Feb. 1904.) 45. Letters of John Cockburn of Ormistoun to his Gardener, 1727-1743. Edited by James Colville, D.Sc. (March 1904.) For the year 1903-1904. 46. Minute Book of the Managers of the New Mills Cloth Manufactory, 1681-1690. Edited by W. R. Scott, Lecturer on Political Economy in St. Andrews University. (Jan. 1905.) 47. Chronicles of the Frasers ; being the Wardlaw Manuscript entitled e Polichronicon seu Policratica Temporum, or, the true Genealogy of the Frasers.' By Master James Fraser. Edited, from the original MS. in possession of the Trustees of the late Sir Wm. Augustus Fraser, Bart., by William Mackay, Inverness. (Feb. 1905.) 48. The Records of the Proceedings of the Justiciary Court from 1661 to 1678. Vol. 1. 1661-1669. Edited, from the MS. in possession of Mr. John W. Weston, by Sheriff Scott- Moncrieff. (July 1905.) For the year 1904-1905. 49. The Records of the Proceedings of the Justiciary Court from 1661 to 1678. Vol. 11. 1669-1678. Edited, from the MS. in possession of Mr. John W. Weston, by Sheriff Scott- Moncrieff. (Oct. 1905.) 50. Records of the Baron Court of Stitchill, 1655-1807. Tran- scribed from the original in Stitchill House, Roxburghshire, by the late Rev. George Gunn, Minister of Stitchill. Edited by Clement B. Gunn, M.D., Peebles. (Oct. 1905.) 51. Macfarlane's Topographical Collections. Vol. 1. Edited, from the MS. in the Advocates' Library, by Sir Arthur Mitchell, K.C.B, 8 PUBLICATIONS In preparation. Macfarlane's Topographical Collections. Vol. n. Statuta Ecclesle Scotican.e, 1225-1556. 2 Vols. Edited, with Translation and Notes, by David Patrick, LL.D. The House Books of Accompts, Ochtertyre, 1737-39- Edited, from the original MS., in possession of Sir Patrick Keith Murray, by James Colville. D.Sc. Sir Thomas Craig's De Unions Regnorum Britannia Edited, with an English Translation, by David Masson, LL.D. Records relating to the Scottish Armies from 1638 to 1650. Edited by C. Sanford Terry. The Charters of the Abbey of Inchaffray. Edited by W. A. Lindsay, K.C., and the Right Rev. Bishop Dowden, D.D. Analytical Catalogue of the Wodrow Collection of Manu- scripts in the Advocates' Library. Edited by the Keeper of the Library. Charters and Documents relating to the Grey Friars and the Cistercian Nunnery of Haddington. — Register of the Monastery of Inchcolm. Edited by J. G. Wallace- James, M.B. Records of the Commissions of the General Assemblies (con- tinued), for the years 1650-53. Edited by the Rev. James Christie, D.D. Register of the Consultations of the Ministers of Edinburgh, and some other brethren of the ministry since the interruption of the assembly 1653, with other papers of PUBLIC CONCERNMENT, 1 653-1 660. Papers relating to the Rebellions of 1715 and 1745, with other documents from the Municipal Archives of the City of Perth. A Selection of the Forfeited Estates Papers preserved in H.M. General Register House and elsewhere. Edited by A. H. Millar. A Translation of the Historia Abbatum de Kynlos of Ferrerius, together with some inedited Letters of the Author. By Archibald Constable. LL.D. Rentale Sancti Andrea. The Household Book of Cardinal Beaton, 1539-1545. Edited, from the MS. in the Advocates' Library, by D. Hay Fleming, LL.D. DA — 75>0 Scottia Ms&tfry rg&Q$&$y! 0 •S25 ftiitibui&mmk Bapst Library Boston College Chestnut Hill, Mass. 02167