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 THE LIBRARY 
 
 OF 
 
 THE UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES 

 
 THE SHERIFFDOM OF CLAOKMANNAX
 
 MORRISON AND GITB, PRINTERS, EDINBURGH.
 
 THE 
 
 SHERIFFDOM OF CLACKMANNAN 
 
 A SKETCH OF ITS HISTORY 
 
 iriTH LISTS OF ITS SHE BIFFS AND EXCERPTS FROM 
 
 THE RECORDS OF COURT 
 
 Compikir from |)ublit documents anb other Authorities 
 
 WITH 
 
 PEEFATOIIY NOTES ON THE OFFICE OF HHEUIFF IN 
 SCOTLAND, HIS POWERS AND DUTIES 
 
 BY 
 
 JAMES WALLACE 
 
 SHERIFF-CLERK OF CLACKMANNANSHIRE 
 
 EDINBURGH: JAMES THIN 
 
 1890
 
 
 CONTENTS. 
 
 PAOE 
 
 Prefatouy Notes — 
 
 I. Institution of the Office of Slierifl', .... 7 
 
 II. The Sheriffs Powers and Duties, . . . .21 
 
 III. Form of Process in Sheriff Courts, . . . .33 
 
 The Sheriffdom of Clackmannan — 
 
 Listof Sheriffs from 1306, ...... 43 
 
 Sheriffs-Substitute, 1748-1876, ..... 63 
 
 Sheriff-Clerks, 1748-1879, ...... 63 
 
 Notes on the Sheriff's Proeeedincfs, and Excerpts from the Records 
 
 of Court, ........ 64 
 
 Appendix of Documents — 
 
 Abstract of the Account of John of Meneteth, . . .83 
 
 Charter in favour of William de Menteith, . . . .87 
 
 Minutes of the Lords of Council, . . . . .89 
 
 Charter by James IV. in favour of William Menteith of Kers, . 92 
 
 Charter by James V. in favour of William Menteith of Kerse, . 93 
 
 Charter by Queen Mary in favour of John Menteith, . . 95 
 
 Charter by Queen Mary in favour of John Menteith, . . 96 
 
 Ratification in favour of Sir Henry Bruce of Clackmannan of the 
 
 Lands and Barony of Clackmannan, etc., . . .98 
 
 Commission by King William III. in favour of Mr. Robert Stewart, 
 Commission by King George II. in favour of Mr. David Walker, . Ill 
 Commission by King George II. in favour of Mr. Robert Bruce of 
 
 Kennet, ........ 113 
 
 Commission by King George III. in favour of George Cokburne, . 114 
 Commission by King George III. in favour of Alexander Abercromby, 116 
 Commission by King George III. in favour of John Pringle, 
 
 Advocate, ....... 118 
 
 Commission by King George III. in favour of James Moncreiff, 
 
 Esquire, . . . . . . . .119 
 
 Commission by King George IV. in favour of John Tait, . . 122 
 
 Commission by Her Majesty Queen Victoria in favour of George 
 
 Monro, ........ 123 
 
 Commission by Her Majesty Queen Victoria in favour of James 
 
 Muirhead, . . . . . . .125 
 
 r\
 
 THE SHERIFFDOM OF CLACKMANNAN. 
 
 PREFATORY NOTES. 
 
 I. Institution of the Office of Sheriff. 
 
 The domestic history of Scotland previous to the reign 
 of David L, and the manner in which justice was then 
 administered, are involved in great obscurity. The 
 liistorians and annalists of that remote period have con- 
 fined themselves almost exclusively to narratives of the 
 public affairs of the country, and although the names of 
 some officials such as Maormars, Thanes, and others are 
 mentioned, their particular duties are not explained. 
 
 Previous to the reign of Malcolm Canmore the 
 country which afterwards formed the kingdom of 
 Scotland w^as divided into a number of provinces, the 
 rulers of which rendered a very doubtful allegiance to 
 the individual wdio bore the name of king. 
 
 Malcolm Canmore, however, having succeeded to 
 some extent in consolidating the kingdom, his sons, 
 Edgar, Alexander I., and more especially David L, 
 continued the policy wdiich had been inaugurated by 
 their father, and gradually altered the form of govern- 
 ment from the Celtic to the Saxon and feudal forms. 
 Malcolm had lived and died a Celtic monarch. But
 
 8 THE SHERIFFDOM OF CLACKMANNAN. 
 
 his sons adopted the hxws and customs of the Anglo- 
 Saxons, and along with these the feudal laws which 
 were then coming into repute. 
 
 With that object, and apparentl}^ with the farther 
 desire of strengthening the power of the Crown, they 
 instituted the office of Sheriff, who was intended to 
 be a Minister of the Crown for collectinsf the Crown 
 revenues, executing the king's writs, and dispensing 
 justice in the king's name and by his authority. And 
 they endeavoured to appoint one of these officers in 
 every province or shire into which the kingdom had 
 been divided. They were successful to a considerable 
 extent : but notwithstanding- their exertions and those 
 of later sovereigns, the appointment of Sheriffs to the 
 different provinces was very gradual. 
 
 The first notice which occurs of a Sheriff in Scotland 
 is in a charter of Alexander I., when Malcolm is 
 mentioned as the first known Vicecomes of Scone. In 
 the reign of David I. the Sheriffs loecame more 
 numerous, and many of the thanedoms were formed 
 into sheriffdoms, and at the time of the usurpation 
 of Edward I. of England the greater part of Scotland 
 had been placed under these provincial judges, because 
 Edward in his Ordinance for the government of Scot- 
 land, which was published in 1305, named Sheriffs for 
 almost every shire into which Scotland is at present 
 divided. 
 
 The Sheriff or Vicecomes was originally a Saxon 
 officer, and was introduced into Scotland from 
 England. 
 
 The Earl or Comes was a w^ell - known official 
 among the Franks and Anglo-Saxons, and, according
 
 INSTITUTION OF THE OFFICE OF SHERIFF. 9 
 
 to Robertson, lie also was introduced from England 
 into Scotland, where he appears to have taken the 
 place of the Celtic Maormars. lie was in Frankish 
 countries a royal deputy, answerable for the due 
 collection of the royal revenue, a] id exercising, as 
 fiscal judge, over the pojDulation dependent upon the 
 Crown, a jurisdiction which, however, did not extend 
 over the allodial property or its owners. In Scotland, 
 at the time when Alexander I. came to the throne, the 
 Earl was the Hioii Steward of the Crown in the district 
 comprehended within his earldom. He was, however, 
 besides being the judge, the territorial proprietor of 
 his earldom ; and it seems to have been the policy of 
 Alexander and David to supersede the authority of the 
 Earl or Comes by that of the Sheriff, who w^as thus 
 called, as in England, the Deputy of the Earl, or 
 Vicecomes. 
 
 In England, at the time of the Norman Conquest, 
 the Sheriff was a royal official, and the presiding 
 officer in the County Court, who also jDut in force the 
 warrants and sentences of the Crown. AVhen, there- 
 fore, he was introduced into Scotland, it was evidently 
 intended that he should be an official who should be 
 more responsible to the Crown than the former 
 governors of counties, and that he should administer 
 justice in name of the sovereign, and collect the royal 
 revenue for behoof of the Crown. 
 
 Many other duties were afterwards devolved upon 
 him, but he was and has always remained the Crown 
 official in the county with the interests of the public 
 under his charge, as distinguished from his predecessors 
 the Earls and his former contemporaries the Lords of
 
 lo THE SHERIFFDOM OF CLACKMANNAN. 
 
 Regalities, who exercised tlieir authority more as 
 territorial proprietors, and for tlieir own benefit than 
 for the benefit of the sovereign. He was also dis- 
 tinguished from the provosts and bailies of burghs, who 
 consulted the interests of their respective corporations. 
 
 The duties of the Sheriffs appear to have been much 
 the same in England as in Scotland for some time after 
 the institution of the office in this country. But by an 
 Act of Edward III. the Sheriff in England was 
 prohibited from holding office for a longer period than 
 one year ; and by a later statute he was debarred from 
 holding criminal courts. He thus lost the judicial 
 status with which he had been formerly invested, and 
 became little more than an administrative officer of 
 the Crown and principal conservator of the peace. In 
 Scotland, on the other hand, his powers were extended. 
 His office was often made hereditary, and was held by 
 the leading noblemen in the kingdom. He possessed 
 extensive criminal jurisdiction, and before the institu- 
 tion of the Court of Session he was the principal civil 
 judge in the country. 
 
 The Sheriff has always been a strictly territorial 
 judge. Unlike the former Justiciar or Chamberlain, or 
 the Court of Session, whose powers extended over the 
 wdiole kingdom, the authority and jurisdiction of the 
 Sheriff have been confined to the shire over which he 
 is placed ; and that principle was so fixed, that it was 
 formerly held that all acts done by him or w^arrants 
 signed by him out of his shire were iliept, although the 
 warrants were only intended to be put into execution 
 within liis territory. 
 
 Even within that territory, however, there were
 
 INSTITUTION OF THE OFFICE OF SHERIFF. 1 1 
 
 districts in which his judicial authority was denied. 
 These were the regalities over which were placed Lords 
 of Regality, who exercised by themselves or by their 
 bailies, within their respective regalities, supreme 
 judicial power. 
 
 The origin of these regalities does not seem to have 
 been jiroperly explained. No doubt, when the feudal 
 system became more fully developed in this country, 
 regalities were founded and the rights of the overlords 
 exercised in accordance with feudal law ; but when these 
 separate jurisdictions were first introduced, the feudal 
 system was not fully in force in Scotland, and it seems 
 surprising that our kings, while appearing to be anxious 
 to strengthen their authority by the appointment of 
 Sheriffs, should have permitted so many portions of the 
 kingdom to remain in the hands of independent 
 judges. Possibly that may have arisen from some 
 peculiarity in the tenure by which these lands were held, 
 as if they were allodial possessions our kings may have 
 found it difficult to induce the owners of the estates to 
 assign them and convert them into fiefs, unless their 
 former rig-hts were reserved to them. But whatever 
 was the cause, regalities appear to have been at least 
 as old as the Sheriffs ; and after these rights had been 
 recognised, they were bestowed by the favour of the 
 sovereign upon the greater barons and clergy in great 
 numbers, to the serious embarrassment of the central 
 authority. 
 
 A similar holding appears to have existed in 
 England, where such districts were called Counties 
 Palatine. But it was on the Continent, and more 
 especially in France, where the feudal nobility
 
 12 THE SHERIFFDOM OF CLACKMANNAN. 
 
 encroached in tins manner upon the power and juris 
 diction of the Crown. 
 
 In Scothxnd the grant of a regality gave its possessor 
 power to hold civil as well as criminal courts, 
 independent of Ijotli the Justiciar and the Sherifi". 
 Appeals might be taken to the King in Council, but no 
 inferior judge was entitled to interfere, unless the Lord 
 of Regality delayed to do justice. When a Sheriff 
 pro^Dosed to take up such a case, the accused was 
 reclaimed by the Bailie of Regality, and tried in the 
 Baron's Court. These privileges were tenaciously held 
 for the sake of the fines and fees of Court, which were 
 considerable, and it was not until the passing of the 
 Act of 20 Geo. II. c. 73, by which all heritable juris- 
 dictions were abolished, that the regality lands were 
 placed under the jurisdiction of the Sheriff. 
 
 When the Sheriff was first appointed, he was not 
 made an absolute judge, but was controlled by a council. 
 That council was the assize or jury who heard the 
 cases along w^ith him, and decided upon matters of 
 fact. Mr. Cosmo Innes asserts that trial by jury 
 originated in church courts ;^ but whether that was the 
 case or not, the ordinances and retours of the time 
 of Alexander 11. and Alexander III. show that the 
 system of trial by jury in civil causes was then in full 
 observance. 
 
 As the jury or assize formed so important a part of 
 the Sheriff's Court, and was the foundation of the 
 present system of trial by jury, it may be desirable to 
 notice in detail its constitution and history. 
 
 The earliest notice of an assize in this country is 
 
 ^ Lectures on Scotch Legal Antiquities, p. 213.
 
 INSTITUTION OF THE OFFICE OF SHERIFF, i 
 
 o 
 
 contained in the laws of David I., and in a statute 
 of Alexander II. of the year 1248, in which it is 
 declared that assizers of life or limb shall consist of 
 leal men of good fame holding free l)y charter. 
 
 In the law of David I. it is provided : " The king 
 has statute also that no man ought to thole (receive) 
 judgment from a less person than from his peers, that 
 is to say, an Earl by Earls, Baron by Barons, vavasour 
 (laird or gentleman) by vavasours, burgess by burgess, 
 but a less person may be judged by a higher person, 
 and not a higher by a lesser person." 
 
 And again, " Breitfis of Mortancestry and New dys- 
 sesing" must be heard by an assize of twelve good 
 men of the country. 
 
 One of the laws of the four burMis also bears that 
 burgesses must be tried by their peers. 
 
 According to the Regiam Majestatem (cap. 12), the 
 assize was to consist of twelve men, who were to 
 be unanimous ; and no person ought to have been 
 placed upon it unless he was personally cognizant of 
 the question at issue. But that is evidently a quota- 
 tion from Glanville, and it is not consistent with the 
 previous practice ; because in some of the earliest 
 retours cited by Mr. Innes, the number of jury named 
 in them was thirteen, with the addition " et aliis," 
 showing that their number exceeded tw^elve. In fact, 
 the jury did not at first consist of any definite number, 
 but they soon came to be fixed at fifteen. 
 
 The earlier assize were wdtnesses as well as jury- 
 men, and they could proceed upon what they knew 
 themselves as well as what they were told l)y 
 others.
 
 14 THE SHERIFFDOM OF CLACKMANNAN. 
 
 This is not only asserted in tlie Kegiam Majestatem, 
 but appears from the form of the oath which has come 
 down to the present time. In criminal cases the jury 
 are still sworn, " the truth to say, and no truth to 
 conceal," in so far as they are to pass upon the inquiry 
 before them. 
 
 The class of persons from whom assizers were taken 
 were at first the Crown vassals, supplemented by vassals 
 holding from a subject superior. 
 
 This seems to be the import of the Acts of David 
 and Alexander before mentioned, and the regula- 
 tions in the Courts of the Justiciar. The Act of 
 Alexander bears that the assize must be men of 
 good fame, holding free by charter ; while that of 
 David provides that they are to be good men of the 
 country. 
 
 The form of process again in the Justice Ayre, bears 
 that the Sheriff shall summon to the public Ayre 
 twelve or sixteen men from each barony, four or six 
 from each tenantry or town, and twelve or sixteen 
 from each burgh, along wdth the sergeant, smith, 
 miller, brewer, and a suitor of each barony, town, or 
 tenantry ; that is, every person in the baronies, towns 
 and tenantries embraced within the circuit, who were 
 l)0und by their charters to give suit or service. 
 
 The service of these vassals as jurymen must have 
 ])een felt to be very irksome, and it was frequently 
 evaded, as appears from the numerous Acts of 
 Parliament passed on the subject. 
 
 By an Act passed in the reign of James I. (6 
 March 1429), the qualifications of jurymen were 
 ao-ain defined, and it was declared that all freeholders
 
 INSTITUTION OF THE OFFICE OF SHERIFF. 15 
 
 dwelling in a slierifFdom .slioulcl compear at the SlierifF's 
 head courts in their proper persons, with their seals, 
 unless they had a sufficient reason for their absence, 
 in which case they were directed to send a " sufficient 
 crentleman " in their stead, with the seal of their arms. 
 " And should the Court be weak in point of numbers, 
 and not have sufficient freeholders within the royalty, 
 that in that case the gentlemen of the regalities in the 
 sheriffdom shall attend at the warning of the Sheriff, 
 and the absentees shall be fined." 
 
 In consequence probably of that Act, the freeholders 
 appear to have adopted the practice of sending deputies 
 to represent them, who were sometimes professional 
 lawyers, and received a fee for their attendance. But 
 the Sheriff w^as not bound to admit any one whom a 
 freeholder might choose to send as his representative, 
 but was entitled to examine the party respecting his 
 qualifications for the office, and to reject him if found 
 unqualified. 
 
 In a later Act passed in 1579, the assize in an 
 inquest of perambulation was again defined. They 
 were to be '' prohi et Jideles homines patriw, that is, 
 honest and substantious men having heritage of their 
 own." 
 
 No exemptions from serving on an assize were ad- 
 mitted, except age or inability to travel. Inhabitants 
 of burghs, however, w^ere exempted from serving when 
 the alleged crime was committed beyond four miles 
 from their burgh. Surgeons, barbers, and apothecaries 
 were subsequently exempted. 
 
 The responsibilities of an assize w^ere considerable. 
 They were liable to be called to account for the
 
 1 6 THE SHERIFFDOM OF CLACKMANNAN. 
 
 correctness of tlieir verdict ; and if their decisions or 
 "dooms" were reversed by Parliament, tliey were 
 liable in a fine. 
 
 The selection of an assize from the individuals liable 
 to serve appears to have been left at first to the 
 prosecutor or the judge, and that practice continued 
 till the Usurpation. 
 
 The Act of 1672 provided that a roll of assizers was 
 to be made up for the Justiciary Court, and the list of 
 jury for each trial was to be signed by the judge and 
 served upon the accused, who was entitled to state 
 objections to particular persons. But the limitation of 
 the assize to freeholders appears to have been given 
 up by that time. The rule, however, that a landed 
 proprietor could only be tried by a majority of landed 
 men, was still in observance. 
 
 As the judge was required to sign the list of assize 
 which was served upon the accused, that gave him 
 great power in the choice of the members of the jury, 
 and that power was frequently complained of, especially 
 in political trials. Another practice was introduced 
 in the beginning of the eighteenth century which 
 increased the power of the Court in controlling the 
 verdict, and that was requiring the jury to return 
 special verdicts. At first, juries gave general verdicts. 
 They simply answered that the prisoner was guilty or 
 not guilty, "fyled" or "clean.". But about the year 
 1728 they began, or were asked, to pronounce special 
 findings upon the diff"erent points put to them, and the 
 Court upon considering these answers decided whether 
 the facts so found to be proved amounted to the crime 
 charged. After some time, however, the jury refused
 
 INSTITUTION OF THE OFFICE OF SHERIFF 1 7 
 
 to give special verdicts, and returned to the ancient 
 practice. 
 
 The mode of making up the jury roll introduced by 
 the Act of 1G72, continued till the reign of George 
 IV., but it was altered by an Act of Parliament 
 passed in that reign. By tliat Act (G Geo. IV. cap. 
 22), which is still in observance, the Sheriff of each 
 county is required to make up a list of all persons 
 in his county liable to serve, dividing them into two 
 classes — special and common. The special j ury 
 consists of persons possessed of heritable property 
 yielding £100 of yearly rent, or who are worth 
 personal estate to the amount of £1000. The common 
 jurymen must be possessed of lands of the yearly 
 value of £5, or of personal property to the extent of 
 £200. And the Sheriff is required to see that the 
 number of special jurymen on the roll shall not be 
 more than one-third of the number of common jury. 
 These lists are prepared or revised at least once every 
 three years, and the jury called to serve in each parti- 
 cular case are taken from the names in the lists in 
 regular rotation. 
 
 To return, however, to the earlier practice of the 
 Sheriff Courts, it may be said that juries were required 
 for the trial of all cases, civil as well as criminal, 
 before the Sheriff. And freeholders, or their substi- 
 tutes, were required to attend all the ordinary courts 
 for that purpose. 
 
 The Sheriffs were appointed by various Acts to hold 
 three head courts in each year. They had been 
 previously directed to hold an ordinary court for the 
 despatch of business every forty days, and to dispose 
 
 B
 
 i8 THE SHERIFFDOM OF CLACKMANNAN. 
 
 of all criminal charges within a like period. But it is 
 very doubtful whether these injunctions were observed. 
 And the frequent attendance at these courts which 
 was required from jurymen, appears to have been felt 
 as a o-reat burden. 
 
 It has been already stated that Edward I., after 
 the deposition of Balliol in 1305, published an 
 Ordinance for the government of Scotland, in which 
 the existing Sheriffs were continued, or new ones 
 appointed to the greater number of the present 
 shires. The counties which were thus provided with 
 Sheriffs were Aberdeen, Ayr, Banff, Clackmannan, 
 Dumbarton, Dumfries, Edinburgh, Elgin and Forres, 
 Fife, Forfar, Haddington, Inverness, Kincardine or the 
 Mearns, Lanark, Linlithgow, Peebles, Perth, Stirling, 
 and Wig-town . Of the remainino; shires, Berwick was 
 made a dependence of the Governor of Berwick Castle, 
 and the heritable Sheriffs of CJromarty, Kinross, and 
 Selkirk w^ere simply continued in their offices. Nine 
 of the existino; sheriffdoms are not mentioned in this 
 Ordinance, viz.: Argyle, Bute, Caithness, Kirkcudbright, 
 Orkney and Shetland, Kenfrew, Ross, Roxburgh, and 
 Sutherland. Of these, Argyle, if it was not then' a 
 sheriffdom, must have been formed into one very soon 
 afterwards, as Dugald Campbell is mentioned in the 
 Exchequer Rolls of 132G^ as being then Sheriff. Bute 
 was formerly included in the district of Kintyre, but 
 was formed into a separate sheriffdom about the year 
 1388, when John Stewart, a son of Robert II., was 
 appointed heritable Sheriff. He is entered in the 
 
 1 Excherpier Rolls, vol. i. ji. 52.
 
 INSTITUTION OF THE OFFICE OF SHERIFF. 19 
 
 Exchequer Rolls ^ as Sheriff that year. Caithness was 
 not niiulo a sheriffVlom until the reiccn of James IV. 
 It was an earldom ])efore that time, and under the 
 nominal charo-e of the Sheriff of Inverness. But it 
 was enacted hy an Act of Parliament passed on 15 
 March 1503 that there should Ije thereafter a Sheriff 
 of Caithness, whose jurisdiction should extend over all 
 the diocese of Caithness, and who should sit at Dornoch 
 or Wick. Kirkcudbrio-ht was never made a sheriffdom. 
 It remains a Stewartry to this day. Orkney, as is well 
 known, was not acquired by the Scottish kings till the 
 reign of James III., when it was given in pledge by the 
 King of Denmark for 50,000 florins, being the dower of 
 liis daughter Margaret, wife of James III. It w^as erected 
 into an earldom or lordship with the rights of a sheriff- 
 ship in 1581, and was formally annexed to the Crown 
 in 1612. Renfrew is not mentioned by Edward, but 
 the Sheriff of Renfrew appears in Parliament in 1481. 
 Ross is also omitted. The western portion of that 
 county formed at one time a part of the sheriffdom of 
 Argyle. It was separated from Argyleshire, and 
 formed into an independent sheriffdom by Act of 
 Parliament in 1503. The barony of Tarbert was 
 taken from it and annexed to Cromarty in 1685, but 
 was subsequently restored. 
 
 Roxburgh was j)robably under the jurisdiction of 
 the Sheriff of Selkirk in the time of Edward, but it 
 was a separate sheriffdom in the time of Earl David. 
 Sutherland was not erected into a separate sheriffdom 
 until 1633, Previous to that time it formed part of 
 the sheriffdom of Inverness. 
 
 1 Vol. iii. p. G86.
 
 20 THE SHERIFFDOM OF CLACKMANNAN. 
 
 It was the practice of the Crown from an early 
 period to bestow the grant of a sheriffship upon an 
 individual and his heirs, thus converting the office 
 into a heritable right. Latterly such grants had to 
 be ratified by Parliament before then- validity was 
 recognised, l)ut they were frequently made. The 
 number of these heritable sheriffships varied from time 
 to time as they were sometimes resigned and occasion- 
 ally forfeited, while new grants were conferred on 
 Court favourites. But there were generally more 
 heritable Sheriffs than Sheriffs for life or during 
 pleasure. At the accession of George 11. there were 
 twenty-two heritable Sheriffs, viz, Argyle, Bute, Banff, 
 Caithness, Clackmannan, Cromarty, Dumbarton, Dum- 
 fries, Elgin, Fife, Kinross, Kirkcudbright (Stewartry), 
 Linlithgow, Nairn, Orkney, Peebles, Renfrew, Roxburgh, 
 Selkirk, Sutherland, Stirling, and Wigtown. Three 
 Sheriffs had been appointed for life, viz, the Sheriffs 
 of Perth, Forfar, and Ayr ; and eight held office 
 during pleasure, viz, the Sheriffs of Aberdeen, Berwick, 
 Edinburgh, Haddington, Inverness, Kincardine, Lanark, 
 and Ross. 
 
 When the heritable jurisdictions were finally abolished 
 in 1746, compensation was awarded to the Sheriffs of 
 Argyle, Bute, Clackmannan, Caithness, Cromarty, 
 Dumfries, Dumbarton, Elgin, Fife, Kinross, Kirkcud- 
 bright, Linlithgow, Nairn, Orkney and Zetland, Peebles, 
 Roxburgh, Renfrew, Selkirk, Sutherland, and Wigtown 
 only, the other sherifidoms having ceased in the 
 interval to be heritable rights, or having merged in 
 the Crown,
 
 THE SHERIFF 'S PO J VERS AND D UTIES. 2 1 
 
 11. The Sheriff's Powers and Duties. 
 
 The earliest notices of the j)o\vers and duties of the 
 Vicecomes are contained in the Assizes of David, the 
 Regiam Majestatem, and the Quoniam Attachiamenta. 
 His powers were also confirmed or enlarged by numerous 
 Acts of Parliament passed subsequently, and they arc 
 summed up by Sir John Skene in his treatise, De Ver- 
 horum significatione. 
 
 It has been shown by Mr. Cosmo Innes that the 
 Regiam Majestatem (the authenticity of which was 
 j6rst called in question by Lord Hailes) is not an 
 authoritative or official exposition of the ancient law 
 of Scotland, but is merely a compilation from a treatise 
 of Glanville, a distinguished English lawyer of the time 
 of Edward L, into w^hich a few fragments of genuine 
 Scotch law have been inserted. And the Quoniam 
 Attachiamenta is a treatise of law and practice the 
 date of which is uncertain, but which Mr. Innes thinks 
 is not earlier than the middle of the thirteenth century. 
 But although the Regiam Majestatem has now been 
 sho^Ti to have been the work of a private author, the 
 book was universally accepted as an authoritative work 
 from at least the time of James I. until Lord Hailes 
 first threw doubt upon its authenticity. During the 
 reign of James I. as well as in that of James 11. its 
 authority was unquestioned. In the third Parliament 
 of James I. (1425) a Commission was appointed 
 to digest the laws in that book, and in the eighth 
 Parliament of James IIL (20 Nov. 1475) an Act 
 was passed in which it was enacted that an assize
 
 22 THE SHERIFFDOM OF CLACKMANNAN. 
 
 convicted of partiality or injustice should be punislied 
 " after the form of the auld laws contained in the book 
 of Regiam Majestatem," In numerous other statutes 
 the authority of the Regiam Majestatem was assumed, 
 and thus, whether legitimately or otherwise, it regulated 
 the practice of justice in the country. 
 
 The Regiam Majestatem may therefore be accepted 
 as containing an account of our former law and 
 practice, and in particular as explaining generally the 
 Sheriffs powers and duties, although it is not always 
 correct. 
 
 Before mentioning the Sheriff's jurisdiction, however, 
 it may be convenient to notice shortly the other j udicial 
 powers that existed in Scotland in early times along 
 with the Sheriff. 
 
 The King's Justiciar was highest in rank. There 
 appear to have been sometimes only one Justiciar and 
 sometimes two ; one for the country south of the Forth, 
 and the other for the country lying north of that 
 river. But whether one or more, their jurisdiction was 
 principally criminal, although they sometimes enter- 
 tained actions of spulzie. They took cognizance of 
 treason, sedition, murder (except when the ofiender 
 was caught in the act or red-hand), rape, robbery, 
 wilful fire - raising, coining and forgery, theft, and 
 other minor offences. The trial of treason, how- 
 ever, was generally reserved for the Court of Parlia- 
 ment. 
 
 Parliament as a civil court was principally a court 
 of appeal, Init it sometimes heard and determined 
 civil causes in the first instance. 
 
 The principal civil courts besides those of the Sheriff's
 
 THE SHERIFF'S POWERS AND DUTIES. 23 
 
 were tlie church courts, which took cognizance of all 
 questions of status, marriage, divorce, legitimacy, etc., 
 questions of slander, wills, testaments, probates, and 
 the like, all disputes between churchmen, the cases 
 of widows and orphans, and questions arising upon 
 contracts when the latter had been sanctioned by an 
 oath. 
 
 The ecclesiastical courts thus absorbed a large portion 
 of the legal business of the country, but the Sheriff was 
 the principal civil judge ; and it was provided by an 
 Act of David I. that it should not be lawful for 
 any bishop, a1)bot, earl, baron, or freeholder to hold 
 their courts unless the Sheriff was either present or 
 had been summoned to attend. 
 
 The Sheriff's powers and jurisdiction may be classed 
 under four heads — 1st, his powers as a criminal judge 
 and conservator of the peace within his sheriffdom ; 2nd, 
 his powers as a civil judge ; 3rd, his powers as a military 
 governor ; and 4th, his powers and duties as the officer 
 of the Crown charged with carrying out the royal 
 warrants and orders, and with collecting a portion of 
 the royal revenue within his county. 
 
 These powers varied at different periods, and were 
 more extensive before the institution of the Court of 
 Session than afterwards. 
 
 According to the Eegiam Majestatem, the Sheriff's 
 criminal jurisdiction extended to the cognizance of 
 murder when the offender was taken red-hand, man- 
 slaughter or culpable homicide, theft, and breaches of 
 the peace. By subsequent Acts of Parliament he was 
 further empowered to try sorners, idle men, master- 
 ful beggars, and gipsies, as well as charges of coining,
 
 24 THE SHERIFFDOM OF CLACKMANNAN. 
 
 witchcraft, breaches of the Game Laws, and numerous 
 other offences. As conservator of the peace he was 
 further bound to apprehend all criminals and hand 
 them to the proper authorities ; and if he had reason to 
 suspect that any one was threateuing violence to another, 
 it was his duty to bind him over to keep the peace. 
 He was also enjoined " thrice in the year to hunt the 
 wolfe and whelps." He also acted as the assistant of 
 the Justiciar, prepared the cases to be tried by that 
 judge, and attended at his sittings. 
 
 As a civil judge the Sheriff had jurisdiction to 
 review the decision come to in the Courts of Barony 
 within his county. He could also entertain all 
 questions between baron and baron, — all questions 
 respecting heritable rights, the rights of bondmen 
 or slaves and their alleged masters, — pleas relative 
 to homage and receiving of reliefs, try brieves 
 of terce, recognition of mortansestry and inquest, 
 actions of molestation, removings, ejections, spulzie, 
 poinding, and personal actions of all kinds. 
 
 The Sheriff was also in some respects the military 
 governor of his sheriffdom. He w^as directed by an 
 Act of James I. to see that each man in the county 
 was provided with arms according to his estate and 
 the rent drawn by him. He was further appointed by 
 a later Act of James IV. to provide places in every 
 parish for the practice of archery. He had also charge 
 of the weaponshaws or meetings for drill, which were 
 sometimes held quarterly and sometimes half-yearly ; 
 and when the militia were called out, he appears to. 
 have taken the command of the contingent from his 
 own county. And in connection with these duties
 
 THE SHERIFFS POWERS AND DUTIES. 25 
 
 he was frequently appointed keeper or constable of 
 the royal towers or castles in his sheriffdom. 
 
 These duties fell into disuse after the union of the 
 two Crowns, but they were most important so long- 
 as the country was exposed to invasion from England. 
 
 As officer of the Crown, the Sheriff was charo^ed 
 with the execution of the royal w'rits and letters 
 issuing from the Sio-net Office. These w^ere numerous 
 and important, and they affected the Crown as well as 
 the subject. If the Sheriff failed in his duty, he was 
 liable to punishment by fine or imprisonment. He 
 had also the collection of a portion of the Crown 
 revenues. Public taxes being few and almost entirely 
 limited to Customs, the Crown depended for its 
 support mainly upon the rents of the royal domains 
 and the feu duties and other casualties exigible from 
 the Cro'SMi vassals, with the fines and other issues of 
 Court and forfeitures. 
 
 The Customs and the rents of the royal estates were 
 received by other officers ; but the Sheriff had the duty 
 assigned to him of collecting all the feudal casualties, 
 fines and forfeitures, within his shire. He was appointed 
 to account for these yearly to the king's chamberlain 
 or treasurer, but it was seldom that this was done so 
 often. From time to time, however, the chamberlain 
 made a circuit of the kino;dom, and called each 
 Sheriff to account. 
 
 In the course of time the powers, duties, and influence 
 of the Sheriff were much curtailed. 
 
 The Court of Justiciary was established in 1672 in 
 place of the Justiciar, and regular Circuit Courts were 
 appointed to be held by the new judges, who were also
 
 2 6 THE SHERIFFDOM OF CLACKMANNAN. 
 
 judges of the Court of Session. The jurisdiction of the 
 Sheriffs was not directly interfered with. They were 
 still recognised as competent to try all criminal charges 
 except the four pleas of the Crown ; but the existence 
 of a supreme Court, that held its sittings throughout 
 the country, and which had power to receive complaints 
 against the Sheriffs themselves, necessarily diminished 
 their influence, and reduced them in time to an inferior 
 position. 
 
 Prior to that time, however, the erection of the 
 Court of Session by James V. in 1532, had deprived 
 the Sheriffs of the more important part of their civil 
 business. The Sheriff Courts are not mentioned in the 
 statute by which the Court of Session was instituted^ 
 but that Court soon asserted its supremacy, and the 
 Sheriffs sank into the position of inferior judges, 
 subject to the control of the new Court. They were 
 required to follow the course of practice introduced by 
 the Court of Session. They were deprived of the power 
 of judging in questions of heritable right. The use of 
 brieves in trying causes, except in a few special cases, 
 fell silently into abeyance, and the attendance of jury- 
 men in ordinary civil cases was also dispensed with. 
 The judges in the Court of Session decided their cases 
 without an assize, and the Sheriffs came to do the 
 same. The Court of Session did not proceed upon 
 brieves, but upon summonses, which the judges of that 
 Court issued in the king's name, but on their own 
 authority ; and the Sheriffs adopted a similar course. 
 In the few cases involving questions of heritable right 
 or the liberty of the subject, which were still preserved 
 to them, such as the service of heirs, actions of peram-
 
 THE SHERIFFS POWERS AND DUTIES. 27 
 
 bulatioii, proceedings for assigninfr to widows tlieir 
 legal share of their deceased husband's heritable estate, 
 the sanity or insanity of a person, and his power of 
 managing his property and the like, the use of brieves 
 was continued, and in such proceedings the services of 
 an assize were taken as formerly, but in all other cases 
 the brieve was abolished. 
 
 The Sheriffs continued to hold their Courts under 
 these circumstances till the year 1748 ; but in that 
 year all heritable jurisdictions were abolished by the 
 Act of 20 Geo. II. cap. 43, and that Act made a great 
 change, not only in the constitution of the Court, but 
 also in the Sheriff's jurisdiction and extent of business. 
 
 As has been stated formerly, the union of the crowns 
 had deprived the Sheriffs of all necessity for military 
 action. The erection of a Court of Exchecjuer relieved 
 them from the collection of the public revenue. And 
 when the Act of Geo. 11. was passed, the Sheriff' was 
 only the local judge and magistrate, and officer of the 
 Crown for putting certain warrants in force. 
 
 That Act altered entirely the character of the acting 
 Sheriff. Instead of the county gentleman of some rank, 
 and, in most cases, the owner of land in the shire, who 
 formerly filled the office, the Act substituted a pro- 
 fessional lawyer as Sheriff-Depute. It declared that he 
 should be an advocate of at least three years' standing 
 in his profession, and provided that he should reside 
 at least four months in the year within his sheriffllom. 
 The Act further annexed one or two of the smaller 
 shires to the neighbouring counties. 
 
 The Act in thus declaring that every Sheriff- Depute 
 should be an advocate, and in not requiring a longer
 
 2 8 THE SHERIFFDOM OF CLACKMANNAN. 
 
 residence in the county than four months in the year, 
 appears to have assumed that he should spend the 
 remaining eight months in attendance on the Supreme 
 Courts, which, in fact, came to be the case with respect 
 to the majority of the Sheriffs, and in view of that 
 contingency the Act permitted the Sheriffs-Depute to 
 appoint substitutes to officiate during their absence 
 from their counties. The office of Sheriff-Substitute, 
 however, was no novelty in the history of Sheriffs. 
 From an early period it had been the practice of the 
 heritable Sheriffs to appoint deputes in their place, a 
 practice which was sanctioned by the Scottish Act of 
 1 540, c. 73, and the deputes sometimes named substitutes. 
 Thus in 1728, Colonel Dalrymple, the heritable Sheriff 
 of Clackmannanshire, appointed his son, Mr. James 
 Dalrymple, who was an advocate, as his depute, and 
 Mr. Dalrymple again appointed Mr. Andrew Stein of 
 Kennetpans to act as his substitute during his absence. 
 It is believed that the Sheriff-Clerk often held the office 
 of Sheriff-Depute or Substitute under the heritable 
 Sheriffs, and the union of the tw^o offices was not 
 considered irregular. Such at least was the practice 
 in, amongst others, the counties of Aberdeen, Perth, 
 Fife, and Clackmannan as far back as the records of the 
 Courts extend, and it was continued to a recent date. 
 It appears evident, however, that the Sheriffs-Depute 
 were considered by the Legislature after 1748 as the 
 responsible judges, and tlie substitutes whom they 
 might appoint were regarded as little better than their 
 agents. 
 
 The order introduced by the Act of 1748 ^ remained 
 
 1 20 Geo. II. cap. 43.
 
 THE SHERIFF'S POWERS AND DUTIES. 29 
 
 unchanged till the passing of the Judicature Act in 
 1824/ Each Sheriff was permitted to regulate the 
 form of procedure in his own court, and to appoint his 
 own substitutes without control. ])Ut the business in 
 the courts having increased considerably, and the Royal 
 Commission that had been appointed in 1824 to 
 inquire into the practice of the Scotch Courts having 
 recommended some changes, the Court of Session was 
 authorized by the Judicature Act to pass an Act of 
 Sederunt for establishing uniformity of procedure in the 
 different counties. Such an Act was accordingly passed 
 in 1825, by which the form of process in all Sheriff 
 Courts was regulated. That Act did not interfere with 
 the status of the Sheriffs. 
 
 In 1838 an Act of Parliament was passed by which 
 the four months' residence of the Sheriff-Depute in his 
 county was dispensed with, and he was required, instead 
 of such residence, to attend upon all necessary occasions, 
 and to hold at least eight courts within his sheriffdom 
 during each year. He was also required to be in 
 habitual attendance upon the Court of Session. The 
 Sheriff-Substitute was also recognised as the permanently 
 resident judge. He w^as directed to reside personally 
 within his jurisdiction, his salary was raised, he was 
 declared irremovable except with consent of the heads 
 of the Court of Session, and he was prohibited from 
 enofas^ina: in trade or other business within his 
 sheriffdom. 
 
 In the year 1853 two Acts of Parliament were passed, 
 by the first of which the Sheriff's power to hold courts 
 was further regulated ; and by the second, a number of 
 
 i 6 Geo. IV. cap. 120.
 
 30 THE SHERIFFDOM OF CLACKMANNAN. 
 
 separate counties were combined into one sherifFclom 
 and placed under the same Sheriff. 
 
 The phm of thus grouping independent counties 
 together, and of pLacing them under a single Sheriff- 
 Principal, was carried farther by another Act passed in 
 1870, by which the jurisdiction of some of the Sheriffs 
 was extended over so many sliires as to deprive them 
 of the power of exercising that personal superintendence 
 of their sheriffdoms which was formerly expected from 
 them. The Home Secretary was also authorized to 
 prescribe the number of courts which each Sheriff was 
 to hold, with the times and places at which he should 
 sit. 
 
 In 1875 the Home Secretary was further empowered 
 by an Act passed in that year to direct the Sheriff- 
 Substitute in one county to officiate in an adjoining 
 one, althouo;h under charo;e of different Sheriffs- 
 Principal. 
 
 The judicial powers of Sheriffs have varied somewhat 
 since the institution of the College of Justice. They 
 were deprived, as has been seen, of their jurisdiction in 
 questions affecting heritable right ; but that jurisdiction 
 has recently been restored to a limited extent, and they 
 have had a large amount of new business devolved upon 
 them. 
 
 At the present time their jurisdiction is as follows : — 
 In criminal matters the Sheriff has in practice the 
 exclusive cognizance through his procurator-fiscal of all 
 charges made against parties for crimes committed in 
 his county. He causes the alleged offenders to be 
 apprehended, and he commits them for trial. He also 
 tries in a summary form all police offences and petty
 
 THE SHERIFF'S POWERS AND DUTIES. 31 
 
 (leliiifjuencies, for wliicli he can fine to the extent of 
 £10 or imprison for sixty days, — police magistrates and 
 justices of the peace having a co-ordinate jurisdiction 
 with him in these cases. He has further jurisdiction, 
 with the assistance of a iurv, in all the more serious 
 crimes, with the exception of the four pleas of the 
 Crown and such as can only l)e punished hy penal 
 servitude as coming in place of transportation. His 
 powers of inflicting punishment extend in theory to 
 that of death or imprisonment for an unlimited period. 
 But it is almost needless to say that in practice he 
 never exercises such powers, and the greatest punish- 
 ment now inflicted by liim is one of two years' 
 imprisonment with or without hard labour. 
 
 As a police judge or magistrate he has also to inquire 
 into the cause of all sudden deaths, as well as to try 
 offences against tlie Game Laws, and a variety of 
 statutory offences too numerous to mention. Indeed, 
 it is hardly an exaggeration to say that scarcely a 
 Session of Parliament passes Avithout some addition 
 being made to his jurisdiction in that respect. 
 
 As a civil judge he has the cognizance of questions 
 of heritable right when the property in dispute does 
 not exceed £1000, or an annual value of £100. He 
 has also jurisdiction, concurrently w4th the Court of 
 Session, in personal actions from £25 upwards to an 
 unlimited extent, and exclusive jurisdiction in such 
 actions when the sum sued for is under £25. He has 
 also jurisdiction in all possessory actions, whether these 
 relate to heritage or moveables, as well as in servitudes. 
 He has farther jurisdiction in Admiralty questions 
 arising within his sheriffdom or in the harbours and
 
 32 THE SHERIFFDOM OF CLACKMANNAN. 
 
 waters connected with it. He has the sole jurisdiction 
 in the first instance in the appointment of executors to 
 deceased persons, and the confirmation of wills, thus 
 coming in place of the old Bishops and Consistorial 
 Courts ; and he has been recently authorized to appoint 
 factors or guardians of estates of small amount belonging 
 to pupils and other persons unable to manage them 
 themselves. He cannot judge, however, in questions of 
 status, such as legitimacy, or in actions of declarator of 
 marriage, separation, or divorce. But he assists minors 
 in choosing curators for themselves during their nonage ; 
 and he has so far the superintendence of lunatics, that 
 his warrant for their confinement is necessary before 
 they can be lawfully detained in an asylum. He has 
 also a concurrent jurisdiction with the Sheriff" of 
 Chancery in trying the claims of heirs to the property 
 left by their deceased ancestors. 
 
 The Sheriff* is also the local judge in bankruptcy. 
 Whether the sequestration be awarded by him or not 
 (and he has the power to award it), all bankrupt estates 
 are wound up under his superintendence, subject to a 
 right of appeal to the Supreme Court, 
 
 Finally, he continues to be the Crown officer for the 
 county who superintends the election of members to 
 the House of Commons, and the citation of accused 
 persons, as well as of jurymen to the Court of 
 Justiciary. He also attends to the due publication of 
 Eoyal proclamations, and the collection of fines and 
 forfeitures to the Crown ; and he puts in force all 
 warrants from the Crown and High Court of Justiciary. 
 He further makes up the register of voters for the 
 election of members of Parliament.
 
 FORM OF PROCESS, 33 
 
 III. Form of Process in Sheriff Courts. 
 
 Our information respecting the form of process in 
 the medigeval Sheriff's Criminal Court is very meagre. 
 These forms must of necessity have been very simple 
 when the procedure was so summary ; and it is not easy 
 to see how a Sheriff could comply with the injunctions 
 given him, to use the utmost despatch in trying 
 criminals, and at the same time secure a proper assize 
 for the trial By the Act of 27 March 1432, the 
 Sheriff was ordered, so soon as he was certified of a 
 murder, to pursue and apprehend the criminal, " and 
 if he be taken, to put him in sicker fastness until the 
 law^ be done upon him, and that shall be within forty 
 days at the farthest ; and be it red-hand, it shall be 
 done within that time." But every accused person 
 was entitled to be tried by an assize of his peers, and 
 it seems difficult to see how the Sheriff could secure 
 the jury within the limited time thus allowed him. 
 At a later date the form of conductincj criminal trials 
 appears to have varied in different counties, each Sheriff 
 following his own course. 
 
 The information which we have respecting the form 
 of process in civil cases is more detailed. In these 
 Courts, actions, before the institution of the Court of 
 Session, usually originated in brieves from Chancery. 
 These writs were obtained by the party complainer, 
 and were directed to the Sheriff who was to try the 
 question at issue. They were of set form, and by Act 
 of date 28 April 1491, the clerks of Chancery were 
 prohibited from altering the style of the writ. The
 
 34 THE SHERIFFDOM OF CLACKMANNAN. 
 
 following is a brieve issued in the reign of Alexander 
 11. for trying a question between the burgesses of 
 Peebles and a neighbouring landowner who disputed 
 their right to put peats in an alleged common. It has 
 been preserved by Mr. Cosmo Innes, and is prefixed to 
 the first volume of Thomson's Collection of the Acts of 
 Parliament^: — "Alexander Dei gratia Eex Scotorum. 
 Evmero de Mackisnnell dilecto et fideli suo vice- 
 comiti et ballivis suis de Pebblys salutem. ]\Iandamus 
 vobis firmiter j)recipientis quatenus per probos fideles 
 liberos et legales, hommes patrie diligenter et fideliter 
 inquiri faciates si Robertus Cruik deforciet burgen- 
 sibus nostris de Pebblys petariam nostram de Walt- 
 amshojie ab boni memorie domino regi A. patre nostro 
 ut decunt et postmodum a nobis sibi eoncessam et 
 si idem R. Cruik terram nostram et communem 
 pasturam dictorum burgensium nostrorum, arraverit vel 
 aliquo alio modo injuste occupaverit et dictam inquisi- 
 tionem diligenter et fideliter factam sub siecillo vestro 
 una cum sigillis aliquorum qui dicte inquisitione 
 intererunt faciende nobis quamcicius poteretis mitti 
 faciatis et hoc breve teste me ipso apud Lanark VII. 
 die Octobres anno regni nostri VIII." 
 
 The procedure under these brieves w^as as follows : 
 ■ — The pursuer having procured his writ, presented it 
 to the Sheriff", wdio thereupon issued a summons in 
 wdiicli the defendant was ordered to appear within 
 fifteen days after service. The summons set forth the 
 name and office of the summoning officer, the name of 
 the defender as well as that of the pursuer, the matter 
 at issue, the day and place of compearance, and the 
 
 ' Scots Acts of Parliament, vol. i. jt. 100.
 
 FORM OF PROCESS. 35 
 
 name of tlie jiul<^(3 before \vliom the case was to be 
 tried. If the defender failed to appear at the time 
 mentioned, a second citation was given him to the like 
 effect ; and if he neglected the second summons, judg- 
 ment was })ronounced against liini in his absence. 
 If the defender appeared, he was allowed time to state 
 his defences ; and if the claim was found relevant, the 
 case was remitted to an assize, to the number of 
 twelve at the least. At the trial both parties were 
 permitted to have counsel, or forespeakers as they were 
 called, and the assize or jury deliberated upon the 
 sentence, and gave their verdict in the absence of the 
 »Sheriff. 
 
 The verdict was returned to Chancery, appended to 
 tlie brieve, and it formed the warrant for the final 
 evidence or judgment. 
 
 The following is the verdict which was pronounced 
 upon the brieve quoted above : — 
 
 "Apud Pebblys die Sancti Leonardi anni gratie 
 niillesimi ducentesimi sexagesimi secundi Arche- 
 baldus de Hopkelioc, Alexander de Wynkistun, 
 Ricardus Fermarium, Clemens de Hopkelioc, Eogerus 
 Le Kedistun, Michael de Kedistun, Rogerus Ortolanus, 
 Archebaldus de Hundwaluchishope, Adam de Stobhai, 
 Thomas Faber, Ricardus filius Godardi, Gauri Pluchan, 
 Willelmus Pastor, Walterus Pastor Johannes Modi, 
 Robertus Gladhoc, Cokinus Faber, Adam Ilacsmall, 
 jurati dixerunt rpiod burgenses de Pebblys foderunt 
 petas suas in petaria de Waltamshope et quod 
 Robertus Croke dictas pt;tas violavit secuit et fregit 
 et petas ducere impedivit et quod unum equum cepit 
 cum l)rueria et precium eqni quod est quatuor solidi
 
 56 THE SHERIFFDOM OF CLACKMANNAN. 
 
 et precium bruerie quod est luius denarius detinet 
 adliuc tauqiiam suam escsetam dicens quod est 
 sua escseta eo quod dictam brueriam in communa 
 sua eradicarunt dicti autem burgenses precium dicti 
 equi et bruerie cum servitientibus domini regis et 
 baroniis pecierunt ad vadium et ad plegium quod non 
 potuerunt habere quia dixit cj[uod sit sua escsetca dicti 
 autem jurati dixerunt quod dictus Robertus Cruke 
 edificavit aulam suam ubi homines domini regis solebant 
 communare. Idem Robertus aravit super communam 
 de Peblis ut dicti jurati dixerunt." 
 
 There was from the earliest date a right of appeal 
 from the decisions of the Sheriff to a higher tribunal ; 
 but the appellant jurisdiction as well as the extent of 
 the rio-ht have varied at different times. The earliest 
 appeals seem to have been made to the king in person. 
 There are traditions of such appeals having been heard 
 by David I. on the spur of the moment so soon as 
 they were presented to him ; but, of course, there are 
 no records of such cases. By an Act of James I., 
 passed in 1434,^ it was enacted that all actions and 
 complaints should be brought before the ordinary 
 judges ; but it was added, that " if the judge refuse to 
 do the law evenly, the party complaining shall have 
 recourse to the king, who shall see rigorously punished 
 sic judges, that it shall be an example to all others." 
 Such applications, however, w^ere not of the nature of 
 appeals so much as comjolaints against the judge for 
 misconduct. But in the year 1445 a Committee of 
 Parliament, composed of the Chancellor and certain dis- 
 creet persons of the three Estates, was by Act, cap. 65, 
 
 ^ Scots Ads of Parliament, vol. ii. p. 60.
 
 FORM OF PROCESS. 37 
 
 appointed to dispose of all and sundry complaints and 
 quarrels ; they were appointed to meet for that purpose 
 thrice in the year. It appears to have been intended 
 that the Court or Committee thus constituted should 
 have been one, not of appeal only, but also of original 
 jurisdiction. And in the year 1457, in the reign of 
 James 11. , an Act was passed (cap. Gl), by which, after 
 providing temporarily for the disposal of actions of 
 spulzie, parties w^ere authorized to carry their claims 
 before either the Court of the Lords of Council or before 
 the ordinary judges. But by a later Act of James III., 
 passed in 1469 (cap. 2),^ all plaintiffs were ordained 
 to go to the judges ordinary for redress in the first 
 instance, and it was only if these judges failed to take 
 up the case or acted with partiality that the parties 
 were allowed to complain to the king and his Council. 
 In actions, however, where the judge was personally 
 interested, the plaintiff was authorised to go direct to 
 the king. By another Act, passed in 1471, an appeal 
 to Parliament is assumed to be competent. By 
 another Act of the year 1487, cap. 10, the regulations 
 made by the former statutes were confirmed and 
 renewed, but with the proviso that the Act was not 
 to be construed so as to prevent appeals to Parliament 
 under the process of " falsing of dooms." 
 
 By an Act of the reign of James IV., of date 
 1503, cap. 95, it is provided that appeals from the 
 Baron's Courts should be to the Sheriff, from the 
 Sheriffs Courts to the Justiciar, and from the Justiciar 
 to the king and Council, But it does not appear that 
 that Act was strictly observed. 
 
 ^ Scots Ads of Parliament, vol. ii. p. 177.
 
 38 THE SHERIFFDOM OF CLACKMANNAN. 
 
 It therefore appears from these Acts, and more 
 especially from the later ones, that it was the desire of 
 Parliament to prevent all complaints and actions from 
 beino; brought to the kino; or his Council in the first 
 instance, excepting in those cases where the judge 
 either failed in his duty, or where he was personally 
 interested in the suit. But although that seems to 
 have been the wish of Parliament, the records of the 
 ^proceedings of the Lords Auditors as well as of those 
 of the Lords of Council, show that they acted as 
 courts of original jurisdiction as well as of courts of 
 appeal, and that in the latter capacity they reviewed 
 the decisions of Sheriffs, and reversed them when 
 necessary. 
 
 From the earliest times, however, there was an appeal 
 to the king or to Parliament from the Sheriff's 
 judgments even when pronounced in ordinary course 
 and with due regularity, by means of the process 
 called the process of falsing of doom. 
 
 If a party to an action, whether pursuer or defender, 
 meant to appeal under that process, he required to 
 o;ive notice of his intention at the time the decision 
 was pronounced, or within fifteen days thereafter. He 
 had also to give pledge or find security that he would 
 implement the decision to be pronounced in the court 
 of appeal. On complying with these requisites the 
 appeal was allowed, and the action was sisted until it 
 was heard. 
 
 These appeals could only have taken place in civil 
 actions. In criminal cases the procedure was too 
 summary to permit such procedure. 
 
 After the appeal was heard in the superior court,
 
 FORM OF PROCESS. 39 
 
 the form of the judgment confirming or reversing tlie 
 sentence of the Sheriff was peculiar, and two examples 
 may be given. They explain the procedure at the 
 hearing of the case. The first is the sentence of 
 confirmation : — • 
 
 " In the Parliament be^un at Edinburs^h, 30 
 November 14G9, presente Domine Rege cum tribus 
 statibus regni in dicto parP" congregatis sententise et 
 judicia subscripta data et promulgata fuerunt per os 
 David Demptser de Caraldstoun judicatore dicti 
 parP' in forma que sequitur. This Court of Parliament 
 shewes for law and I gif for dome that the dome given 
 in ye Sheriff Court of Dumfries before David Grahame 
 of Thornehuke, Sheriff in yat part, be ye mouth of 
 Nichole Thomson dempstar and soytour of the said 
 Court for Robert Charteris of Aymisfelde, and against 
 Walter Porter and Elizabeth of Douglas his moder, 
 and again callit be Maister Adam of Cockburn, 
 forespeker to the said Walter, ye 24 day of ye 
 monetht of Julii ye yer of our Lord 1467, was weile 
 given and evil again callit, and ye said AValter and 
 Elizabeth in amerciament for ilk soytour of ye said 
 Sherif Court, yat gave voice to ye dome and in 
 amerciament of ye Justice Ayr sic as efteirs of law, 
 and yat I gif for dome." ^ 
 
 The other is the sentence of reversal : — 
 " In the Parliament begun at Edinburgh, 4 October 
 1476. The Lords chosen, etc., upon the discussyng 
 of ye doings deliveris and declaris that ye dome given 
 in ye Justice Ayer of Edinburgh, ye 12 day of Julii 
 last bypast be the mouth of Andrew Blackfurd 
 
 ^ BcoU Ads of Farliavient, vol. ii. p. 94.
 
 40 THE SHERIFFDOM OF CLACKMANNAN. 
 
 soytour for the Lands of Locliorwirt for John of Douglas 
 and Janet of Rynd his spouse, and again callit by 
 David Balfour of Carradstom forespekers for Arch*^ 
 of Dundas of yat ilk, knycht, was evil given and weile 
 again said for diverse reasons, understandin and schewin 
 to ye said Lords. And yarfor il]z soytour of ye said 
 dome and yar Lordes ilk man be himself is in an 
 amerciament of ye Court of Parliament sic as effeirs to 
 be taken in ye said Justice Ayer, and in ane unlaw of 
 ye said ayer for yaem and in unlaw of ye said 
 Parliament among yaem all sic as effeirs of law, and 
 yat I gif for dome." ^ 
 
 When a doom or verdict of a jury was reversed in 
 real actions, it is doubtful whether the court of appeal 
 pronounced sentence in favour of the appellant. It 
 rather appears that it did not, but sent the case back 
 to the Sheriff for a new trial. 
 
 After the institution of the Court of Session, the 
 right of appeal to Parliament directly was abolished. 
 The appeal was only competent to the new court, in 
 the first instance at least, and that was taken by a 
 petition technically called a Bill of Advocation or of 
 Suspension. These continued in the same style until 
 recently, when they were shortened by Act of Parlia- 
 ment, and the Bill or note of Advocation is now 
 entirely abolished. 
 
 Following the old practice of giving pledges, appel- 
 lants in advocations had to find security for costs, and 
 in suspensions for both costs and the sums decerned 
 for in the inferior court. Security for costs in 
 ordinary appeals is now dispensed with. 
 
 ' Scots Acts of Parliament, vol. ii. p. 114.
 
 THE SHERIFFDOM OF CLACKMANNAN. 
 
 The precise date at which the county of Chick- 
 man nan was formed into a separate sheriffdom appears 
 to be uncertain. 
 
 The greater part of the present county seems to 
 have been in early times the property of the Crown, 
 and the whole district to have been attached to the 
 county of Stirling. It is stated in the Exchequer 
 Rolls ^ that in the year 1263, during the reign of 
 Alexander III., the Sheriff of Stirling collected 
 certain Crown rents from lands at Menstrie and 
 Sauchie, which now form portions of the county of 
 Clackmannan, and paid them to Gillespie Campbell, 
 an ancestor of the present Duke of Argyll ; and while 
 there is a full list of Sheriffs given in a subsequent roll 
 of the year 126G, there is no mention in it of a Sheriff 
 of Clackmannan, although the names of the Sheriffs of 
 the adjoining counties of Stirling, Fife and Kinross 
 are all mentioned. Further, in the year 1304, Edward 
 I. of England on his conquest of Scotland appointed 
 Sir William Bisset, who was Sheriff of Stirling, as 
 Sheriff of Clackmannan also. 
 
 In the following year, however, Sir Malcolm of 
 
 ^ Exchequer Rolls of Scotland, vol. i. p. 29. 
 ■41
 
 42 THE SHERIFFDOM OF CLACKMANNAN. 
 
 Inverpefer was named Sheriff" of Clackmannan in the 
 Ordinance issued by Edward for the government of 
 Scothuid ; and although Sir Malcolm was very soon 
 removed, the county appears to have remained a 
 separate sheriffclom since that time, with the excep- 
 tion of a short period during the protectorate of Oliver 
 Cromwell. Henry of Anand was Sheriff" during the 
 interval between 1305 and the accession of Robert 
 Bruce, but it is impossible now to say for what time. 
 A Sheriff" of Clackmannan is entered in the Exchequer 
 Rolls ^ of the year 1329 as having rendered his accounts 
 that year, but his name is not given. 
 
 The district thus formed into a separate sheriffdom 
 is the smallest county in Scotland. It is about ten 
 miles long by eight miles broad, has an area of about 
 forty-seven scjuare miles, and lies between the river 
 Forth and the Ochils, with the county of Stirling on 
 the west and a detached j)ortion of Perthshire on the 
 east. Its present population is about 2G,000 or 27,000, 
 but it must have been very thinly populated at its 
 erection into a sheriffdom. The principal towns or 
 hamlets at that time were Clackmannan, the property 
 of the Crown ; Tullibody, belonging to the Abbey of 
 Cambuskenneth ; Menstrie, Tillicoultry, and Dollar, the 
 latter of which was the property of the Abbey of 
 Dunfermline. The sheriffdom contains four entire 
 parishes, and j)ortions of other two. It appears to have 
 remained of the same size from its erection to the 
 present time, because although three parishes were 
 added to it in 1832 for political purposes, the Sheriff" 
 has no civil or criminal jurisdiction over these parishes. 
 
 ^ Exchequer Jlolls, vol. i. p. 205.
 
 THE SHERIFFDOM OF CLACKMANNAN. 43 
 
 There were formerly iwc regalities in it, viz. AUoca 
 and Dollar, the latter of which was included in the 
 regality of Dunfermline, and these further curtailed 
 the Sheriif's territory. 
 
 LIST OF SHERIFFS FROM 130G. 
 Sir John Stirling. 
 
 After the accession of Robert Bruce, the office of 
 Sheriff was conferred upon Sir John Stirling of Kars 
 (or Kerse) and Alva, both in Stirlingshire, as a 
 heritable rioht. Sir John was a son of John de 
 Stirlincf of Ochiltree, and o;randson of Sir Alexander 
 Stirling of Cawdor. He died about the year 1347 or 
 1348, leaving an only daughter named Marjory, who 
 married 
 
 Sir John Menteith, 
 
 a younger son of Sir John Menteith of Rusky, second 
 son of Walter Earl of Menteith, and the alleged 
 betrayer of Sir William Wallace. Sir John Menteith 
 acquired in right of his wife the baronies of West 
 Kerse and Alva, as w^ell as the heritable Sheriffship 
 of Clackmannan. David II., by a charter dated 25 
 January 1357,^ confirmed these rights, and of new 
 granted the office of Sheriff to Sir John Menteith, who 
 had been acting as Sheriff for ten years previously, 
 and Marjory de Stirling his wife. The office was thus 
 vested in the family of Menteith, and it remained in 
 that family for nearly three hundred years. 
 
 ' Robeitsoii's Index of Missing Charters, p. 30,
 
 44 THE SHERIFFDOM OF CLACKMANNAN. 
 
 As already stated, Sir John Menteith acted as Sheriff 
 immediately after the death of his father-in-law, as his 
 name appears in the Exchequer Eolls^ of date 23 
 March 1358-59 as the Sheriff of Clackmannan, who 
 had collected the royal revenue of the shire for the 
 eleven years previous to that time ; and he accounted 
 for his intromissions during that period. No reason is 
 assigned for the accounting being so long delayed, but 
 it probaljly arose from the disturbed state of the country 
 at the time. 
 
 Sir John's name appears in these Rolls ^ ten years 
 afterwards as still acting in the same capacity. 
 
 William de Menteith. 
 
 In 1382, on the death of Sir John Menteith,^ his 
 widow resigned her estates and the office of Sheriff of 
 Clackmannan in favour of her eldest son William 
 de Menteith, and the latter obtained a charter 
 from Rol;)ert II. in his favour. AVilliam is there 
 described as son and heir of Marjory of Stirling, 
 daughter and heiress of the late John of Stirling, 
 Knight, — from which it would appear that his right to 
 the office was held to have been derived from his 
 mother rather than from his father ; but his father 
 certainly acted as Sheriff in his own right, and the 
 charter of David II. conferred the office upon him. 
 The charter of Robert 11. was ratified by Parliament 
 at Scone l)y an Act passed in the same year. 
 
 Sir AVilliam Menteith who thus obtained the office 
 
 ^ ?}:rrheq\Ler Bolls^ vol. i. p. 270. - Ibid. vol. ii. p. 314. 
 
 " Vide Appendix, p. 83.
 
 THE SHERIFFDOM OF CLACKMANNAN. 45 
 
 married a daughter of James Graliam, afterwards 
 Marquis of Montrose, by whom lie had a son named 
 
 John Menteith, 
 
 who succeeded him. This must have been some time 
 after 1396, as Sir William was alive in that year. 
 
 Sir John Menteith, the son of Sir William, held office 
 during the closing years of the reign of Robert III. 
 
 He was succeeded by a son of the same name. 
 
 John Menteith, 
 
 the son of the preceding Sheriff, held office until about 
 the year 1470, but no particulars have been preserved 
 respecting his official life. 
 
 Sir William Menteith. 
 
 Sir William Menteith succeeded his father, John 
 Menteith, about the year 1470. He married a daughter 
 of Lord Crichton, Chancellor of Scotland. He inherited 
 the family estates of West Kerse and Alva, as well as 
 the Sheriffship of Clackmannan, but he appears to 
 have conveyed them temporarily to John Schaw, a son 
 of James Schaw of Sauchie. The cause of this con- 
 veyance is not explained, but it may possibly have 
 been made by Sir William to save his estates from 
 forfeiture during the insurrection wdiich led to the 
 death of James III., or in consecpence of a private 
 affair in which Sir William Menteith was implicated. 
 Sir William's brother Archibald was chara;ed with the 
 murder or assassination of Sir John Bruce of Airth,
 
 46 THE SHERIFFDOM OF CLACKMANNAN. 
 
 and the Sheriff seems to have been involved in the 
 affair. The matter was before the Lords of Council in 
 1488, when the parties were all bound over to keep 
 the peace. In these proceedings Sir William Menteith 
 was described as the " Laird of Kerse," and as residino- 
 at Kerse House, notwithstanding his conveyance of the 
 l)roperty to Schaw ; but in the following year Schaw 
 appears to have restored the property to Sir William, 
 who obtained a Charter of Confirmation from James 
 IV. of date 25 September 1489.' The feud, how- 
 ever, between the houses of Menteith and Bruce of 
 Airth continued, and the Council again interfered in 
 1490. They were, however, apparently unable to 
 bring the alleged offenders to justice, and had to 
 content themselves with ordering Archibald Menteith 
 and his friends " to appear at the Market Cross of Edin- 
 burgh in linen clothes with naked swords in their hands, 
 and there ask forgiveness of Robert Bruce," the son of 
 the deceased, for the slaughter of his fiither, and after- 
 wards to provide a year's masses for the repose of his 
 Koul.^ On that being done, the Council ordered Bruce 
 to accept their apology, and both parties to live on 
 friendship afterwards. A coj^y of the Council's Order 
 will be found in the Appendix. 
 
 AViLLiAM JNIexteith. 
 
 This Sir William was succeeded by a son," also named 
 AVilliam Menteith, who married Agnes, daughter of 
 Alexander Lord Erskine, an ancestor of tlie present 
 
 ' Vide Appendix, p. 92. 2 Ihid. p. 93. 
 
 ^ Register of Great Seal, vol. iii. }>. 657.
 
 THE SHERIFFDOM OF CLACKMANNAN. 47 
 
 Earls of Mar, and in October 1542 he obtained from 
 James V. a new charter incorporating the estates of 
 West Kerse, Ocliiltree, and Alva, together with the 
 office of Sheriff of Clackmannan,^ into one baronv, — 
 thus showing how completely the office of a Sheriff had 
 come to be looked upon as a patrimonial right. Having 
 then no sons, the succession of the barony was taken 
 to his paternal uncle Sir Robert Menteith, and a long 
 enumeration of heirs, subject to the payment of £1000 
 to each of Sir AVilliam's three daughters as dowry. 
 
 Sir Robert Menteith. 
 
 Sir Robert Menteith succeeded to the barony under 
 this deed ; ' and in 1552 his son John Menteith obtained 
 a grant of the lands and Sheriffship from Queen Mary 
 upon a deed of resignation l)y his father in his favour. 
 The deed of grant referred to the incorporation of the 
 whole sul)jects into one barony by the previous charter 
 of James V. 
 
 JoHX Menteith. 
 
 After John ]\Ienteith took up the property, he in 
 July 1565 obtained from the Crown another charter '^ in 
 his own favour for his lifetime, and in favour of his 
 son William Menteith in fee. 
 
 It does not appear how long John Menteith enjoyed 
 his liferent, but he must have died before 1590, because 
 his son was in that year in possession of the estates 
 and tlie office of Sheriff of this countv. 
 
 * Vide Apiiemlix, ]i. 93. ^ yid^ Appendix, p. 90. 
 
 2 RefjiMer of Great Seal, vol. iii. p. G37.
 
 4S THE SHERIFFDOM OF CLACKMANNAN. 
 
 \YlLLIAM MeXTEITH. 
 
 William Menteitli, who succeeded to the Sheriffship 
 under the charter mentioned above, held office in 1592, 
 and o])tained from Parliament authority to erect a jail 
 and court-house in Clackmannan. He died about the 
 year 1631. 
 
 William JMexteitii. 
 
 On his death his son of the same name obtained 
 himself served heir to him in 1631, and immediately 
 sold the estate of Kerse to Sir William Livingston 
 of Kilsyth.^ The family of Menteith became extinct 
 shortly afterwards. 
 
 Sir AVilliam Livingston. 
 
 The charter in favour of Sir William Livingston is 
 dated 31 July 1631, and it proceeded upon a resigna- 
 tion by Sir William Menteith, with consent of Isabella 
 Hamilton his wife and Claud Monteith their eldest son. 
 It included the barony of West Kers, with the offices 
 of Sheriff of Clackmannan and Forester of the forest 
 thereof;^ and Sir William Livingston was duly infeft 
 upon it on 19 th August of the same year. 
 
 Sir Thomas Hope. 
 
 Sir William Livingston, however, did not hold the 
 barony and office of Sheriff many years, but in 1638, only 
 seven years after he had acquired them, he sold them 
 
 ' Register of Services. ^ General Register of Sasines, ^-ol. xxxii.
 
 THE SHERIFFDOM OF CLACKMANNAN. 49 
 
 to Sir Thomas Hope of Wester Granton. The charter 
 in favour of Sir Thomas Hope is dated at Stirling, 
 
 5 March 1638, and conveys the estate and offices to Sir 
 Thomas Hope and Helen Eae his spouse in liferent, 
 and Thomas Hope his eldest son and his heirs in 
 fee. Sir Thomas Hope was infeft on 5 September 
 1638.^ This Sir Thomas Hope was the second son of 
 Sir Thomas Hope of Craighall, an eminent lawyer and 
 statesman of the time of Charles I. He was born on 
 
 6 August 160G, was called to the Bar 17 July 1631, 
 and was knighted in July 1633. He sat in Parlia- 
 ment as Commissioner for Clackmannanshire in 1639, 
 1640, and 1641, being then Sheriff of the county." He 
 was also speaker for the barons and freeholders. In 
 1640 he was appointed colonel of the troop of horse 
 raised by the College of Justice to attend General Leslie 
 when he marched into England at the head of the 
 Scots Army. He w^as appointed a Lord of Session, and 
 also made Lord Justice-General in 1641. He died at 
 Edinburgh two years afterwards, on 23 August 1643, 
 in the 37th year of his age. He was the author of tw^o 
 treatises on law, viz. Law Repertorie and Com- 
 mentarius in llhros digestorium nempi xviii. ad xxiv. 
 et in alios nonnidlos juris civillis libros. He left two 
 sons, viz. Thomas and Alexander Hope. 
 
 Thomas Hope. 
 
 Thomas Hope, the elder son of Sir Thomas, w^as a 
 youth wdien he succeeded to the barony of Kers and 
 
 ^ General Register of Sasines, vol. xlviii. 
 ^ The Scottish Nation, vol. ii. p. 489. 
 D
 
 50 THE SHERIFFDOM OF CLACKMANNAN. 
 
 the office of Sheriff. He does not appear to have acted 
 as Sheriff in person, as he was too young ; but two 
 years after his father's death he, and his mother as 
 his guardian, petitioned Parliament for repayment of 
 expenses disbursed by his father in the service of the 
 public, which was granted. In the year 1646, Thomas 
 Rollock is stated in the Acts of Parliament (vol. vi. part 
 1, p. 500) to have been acting as Sheriff-Depute. 
 
 The Ordinance passed in 1654, during Cromwell's 
 Protectorate, abolished all heritable jurisdictions, in- 
 cluding heritable Sheriffships, and the family of Hope 
 must in consec[uence have been deprived of the office. 
 Clackmannan appears about that time to have been 
 annexed to Stirling, as it was joined with it and 
 Linlithgow in the election of a member to Cromwell's 
 Parliament ; and a few years previously, in 1649, an Act 
 of Parliament^ was passed disjoining it from Clack- 
 mannan so far as regarded taxation. 
 
 Sir Alexander Hope. 
 
 At the Restoration all the law^s and ordinances passed 
 during the Protectorate w^ere cancelled, and Clack- 
 mannanshire was restored to its former position as a 
 separate sheriffdom. Sir Alexander Hope had succeeded 
 his brother in the estate of Kerse, and he also acted as 
 Sheriff of Clackmannan. In July 1662, two years after 
 the Restoration, he rendered an account to Exchecjuer of 
 the Sheriffs receipts and expenses during the period 
 from July 1638, when his father acquired right to 
 the office,^ to 1 July 1651, when the right seems to 
 
 1 ficots Ads, vol. ii. part 2, p. 492. ^ Exchequer Bolls, No. 658.
 
 THE SHERIFFDOM OF CLACKMANNAN. 51 
 
 have then ceased. Two years afterwards, viz. on 3 
 November 1664,^ a second account was rendered at 
 Edmburgh by Thomas Mitchell of Condone as his 
 depute for the period from AVhitsunday 16G2, when 
 Sir Alexander resumed office after the Restoration, to 
 5 July 1G64. He must therefore have acted as 
 Sheriff during that period. 
 
 On 20 July 1666 he resigned the offices of Sheriff 
 and Forester of Clackmannan into the hands of the 
 Crown. 
 
 Sir Henry Bruce. 
 
 Following upon that resignation the office of heritable 
 Sheriff was conferred by Charles H. upon Henry Bruce 
 of Clackmannan by charter.'^ That charter was ratified 
 and confirmed by Act of Parliament on 19 October 
 1669.' 
 
 Sir Henry Bruce thus appointed Sheriff was a 
 descendant of Robert de Bruce to whom Kino- David II. 
 made a grant of the castle and barony of Clackmannan 
 in the year 1358, and he was knighted by Charles II. 
 the same year in which he obtained the appointment 
 of Sheriff. 
 
 Sir Henry Bruce had married Mary, daughter of 
 Sir Alexander Schaw of Sauchie, by whom he had 
 three sons. He held office till 1674, when he died. 
 
 David Bruce. 
 
 Sir Henry Bruce was succeeded by his eldest son, 
 David Bruce, who was served heir to him on 14 April 
 
 1 Excheqiier Rolls, No. 665. ^ Register of Great Seal, lib. 61, No. 347. 
 
 ^ Vide Appendix, p. 98.
 
 52 THE SHERIFFDOM OF CLACKMANNAN. 
 
 1674. Sir Henry left his affairs in great disorder, and 
 his son and heir was ultimately made bankrupt in con- 
 sequence of the debts which he inherited from his father. 
 Before that happened, however, David Bruce had been 
 appointed commissioner or member of Parliament for 
 the county, as well as being its Sheriff. He acted as 
 member of Parliament during the remainder of the 
 reig-n of Charles H. as well as durino; the short reig;n of 
 James VH. ; but having espoused the cause of James, 
 and refused to take the oaths to the new government, he 
 was by Act of Parliament of 28 April 1693 removed 
 from Parliament, and his place there was declared 
 vacant. About the same time he granted a trust-deed 
 for behoof of his creditors, and was thus divested of his 
 estates, including the heritable right of Sheriff of the 
 county, and in consecpience of this it became necessary 
 that an interim arrans^ement should be made for the 
 administration of justice in the county. This was 
 effected in 1698 by the appointment of Mr. Robert 
 Stewart as after mentioned ; but Mr. Bruce, who con- 
 tinued to reside at Clackmannan, w^as compelled in 
 1704 to petition Parliament for a personal protection 
 from imprisonment for debt by his creditors. In 
 that application he imputed his state of insolvency 
 to the liabilities which he. had incurred by serving 
 himself heir to his father, and by subsecj^uent expen- 
 diture in working the coal mines at Clackmannan 
 and Sauchie. He obtained the protection from arrest 
 which he asked, but the estate of Clackmannan was 
 a few years afterwards sold for behoof of his 
 creditors.
 
 THE SHERIFFDOM OF CLACKMANNAN. 53 
 
 Robert Stewart. 
 
 After Mr. Bruce had been deprived of tlie office of 
 Sheriff, an interim appointment was made by the 
 Crown, and a commission was o-ranted in 1698 in 
 favour of Mr. Robert Stewart, advocate, one of the 
 Commissaries of Edinburgh, and a son of Sir Robert 
 Stewart of Tillicoultry, then a judge in the Court of 
 Session, by which Mr. Stewart was appointed Sheriff of 
 the county during pleasure.^ The only reason assigned 
 for that appointment was that the office was vacant. 
 Mr. Stewart held a court on 30 September 1698 at 
 which he produced his commission, but it is obvious 
 that he considered his appointment to be a temporary 
 and provisional one, because he transacted no judicial 
 business. He, however, admitted some procurators 
 and sheriff-officers, swore in Mr. William Morrison, 
 writer, Clackmannan, Sheriff - Clerk, and having thus 
 put the court into working order he left. He did not 
 sit again. At a court held on 9 November thereafter, 
 Mr. Morrison the Sheriff-Clerk produced a commission 
 from Mr. Stewart appointing him Sheriff-Depute, and 
 under that commission Mr. Morrison conducted the 
 business of the court till, at least, July 1700. 
 
 Colonel William Dalrymple. 
 
 Another interval then elapsed, during which, in con- 
 sequence of a blank in the existing records of Court, it 
 is now impossible to ascertain precisely how the judicial 
 business of the county was conducted during the twelve 
 
 1 Vide Appendix, p. 105.
 
 54 THE SHERIFFDOM OF CLACKMANNAN. 
 
 years from 1700 to 1712 ; but on 29 July 1712, Colonel 
 AVilliam Dalrymple of Glenmuir appeared in court and 
 took his seat as heritable Sheriff. Colonel Dalrymple 
 acquired the office by the purchase of it and the estate 
 of Clackmannan at a judicial sale by the creditors of Mr. 
 Bruce. The charter is dated in 1708, and is in favour 
 of Colonel Dalrymple and Mr. Alexander Inglis.^ It is 
 not explained in the charter why Mr. Ingiis' name 
 was inserted in it as joint-owner, but Colonel Dalrymple 
 appears to have been considered as the real holder of 
 the office, as Mr. Ingiis never appeared in court, and only 
 acted as consenter to Colonel Dalrymple's proceedings. 
 
 Colonel Dalrymple was the second surviving son of 
 John, first Earl of Stair. He was an officer in the 
 Foot Guards, with the rank of colonel in the army. He 
 was also member for the county of Ayr in the last 
 Parliament of Scotland, in which he supported the 
 Treaty of Union. He was one of the members of the 
 first Parliament of Great Britain nominated in February 
 1707, was chosen for the county of Clackmannan at 
 the general election of 1708, and sat for that county 
 for two years. He was subsequently member for the 
 burghs of Stranraer, etc., in 1722, was re-elected for the 
 same burghs and also for the county of Wigtown in 
 1725, and took his seat for the burgh and gave up the 
 county to his son. He was again chosen for AVigtown- 
 shire in 1734. He married on 20 February 1698 his 
 cousin-german, Penelope, Countess of Dumfries, and by 
 her, who died at Clackmannan 1 March 1742, he had a 
 son who subsequently Ijecame Earl of Dumfries and Stair. 
 
 Although, as before mentioned, Colonel Dalrymple's 
 
 ^ Vide Apiiendix, p. 108.
 
 THE SHERIFFDOM OF CLACKMANNAN. 55 
 
 charter is dated in 1708/ he did not take his seat as 
 Sheriff of the county till July 1712, and he immediately 
 appointed Mr. AVilliam Muirhead, town clerk, Culross, 
 as his depute. He sat occasionally afterwards, but 
 allowed the business of the Court to l^e principally 
 conducted by deputes. These were, first, J\Ir. Muirhead ; 
 second, Mr. James Dalrymple, advocate, a son of the 
 Sherift'; and third, Mr, James Bruce. 
 
 Eakl of Dumfries. 
 
 Colonel Dalrymple died in November 1742, and was 
 succeeded by his son the Earl of Dumfries, who was the 
 last heritable Sheriff" of the county. The Earl's tenure 
 of office was of short duration, as the Heritable Juris- 
 dictions Abolition Act, passed in 1748 (20 Geo. II. 
 cap. 43), abolished all heritable jurisdictions as well 
 as the office of Sheriff-Principal, and vested the latter 
 office in the Crown. Before that Act was passed, how- 
 ever, Lord Dumfries had completed his title, which he 
 did in 1747, and had appointed Mr. Robert Bruce of 
 Kennet as his depute, who again appointed Mr. Rollo, 
 Sheriff-Clerk, as his substitute. The Earl never officiated 
 as Sheriff in person. 
 
 The composition paid to him for his loss of office was 
 £2000. 
 
 David AValker. 
 
 When the heritable Sheriffships were abolished, the 
 counties of Stirling and Clackmannan were placed 
 under one Sheriff - Depute,^ and Mr. David Walker, 
 advocate, was appointed to the office. He presented 
 
 ' Vide Appendix, p. U 1. 2 j/,,-^ p m.
 
 56 THE SHERIFFDOM OF CLACKMANNAN. 
 
 liis commission and took his seat as Sheriff of Clack- 
 mannan on 18 March 1748. His commission bears 
 that he was to hold office during pleasure, and that his 
 salary was to be £150 per annum. 
 
 Mr. AValker held office till March 1761, when he 
 resigned. He was succeeded by 
 
 Robert Bruce of Kennet/ 
 
 Mr. Bruce was the son of Mr. Alexander Bruce of 
 Kennet by Mary Balfour, second daughter of Robert, 
 fourth Lord Burleigh. He passed as advocate on 15 
 January 1743, and at the time of his appointment as 
 Sheriff he held the situation of Professor of the Law of 
 Nature and Nations in the University of Edinburgh, 
 having been appointed professor on the resignation of 
 Mr. George Abercromby, advocate, in 1759. He 
 continued as Sheriff of the combined counties for three 
 years, but resigned in 1764, having been that year 
 raised to the bench of the Court of Session upon the 
 death of William Grant of Prestongrange. He took 
 his seat as Lord Kennet on 4 July 1764. He died at 
 Kennet on 8 April 1785. 
 
 George Cokburn. 
 
 Mr. Bruce was succeeded by Mr. George Cokburn, 
 advocate, whose commission is dated in June 1764.- 
 He held the office for six years, when he adopted 
 the surname of Haldane, and resigned in March 
 1770. 
 
 ' Vide Appendix, p. 113. 2 Jhid. p. 114.
 
 THE SHERIFFDOM OF CLACKMANNAN. 57 
 
 Alexander Abercromby. 
 
 Mr. Ilaldane was succeeded in March 1770 by Ww 
 Alexander Abercromby, advocate/ JNIr. Abercromby 
 was the fourth son of George Abercromby, Esquire, of 
 Tullibody. He was born 15 October 1745, educated for 
 the Bar at the University of Edinburgh, and admitted 
 advocate, 16 December 1766. Having been ap- 
 pointed Sheriff-Depute of Stirling and Clackmannan in 
 1770, he remained in that office till June 1780, when 
 he resigned on being appointed one of the Depute 
 Advocates. On the death of Alexander Gordon of 
 Rockville, he was promoted to the Bench of the 
 Court of Session, and took his seat on 7 June 1792. 
 He was appointed a Eord of Justiciary the same 
 year. He died in November 1795 of a cold caught 
 while attending the North Circuit in the spring of 
 that year. 
 
 John Bring le. 
 
 On Mr. Abercromby 's resignation, Mr. John Pringie 
 was, on 24 June 1780, appointed Sheriff of the two 
 counties. He held ofhce for about ten years, and on 
 his resignation the office was bestowed upon 
 
 William Tait, 
 
 advocate, who was appointed in May 1790, and held 
 office till 1797. 
 
 David Williamson. 
 
 Mr. Tait was succeeded by Mr. David Williamson, 
 advocate. Mr. AVilliamson passed as an advocate in 
 
 ^ Vide Appendix, p. 110.
 
 58 THE SHERIFFDOM OF CLACKMANNAN. 
 
 August 1783. He was appointed Sheriff of Stirling 
 and Clackmannan in 1797, and took his seat at 
 Clackmannan on 18 April of that year. He acted as 
 Sheriff of the two counties for ten years, but in 1807 
 it was decided to make a change in the constitution of 
 the sheriffdom. The county of Stirling was created into 
 a separate sheriffdom. The county of Kinross was dis- 
 joined from Fife, to which it had formerly been annexed, 
 and the two counties of Clackmannan and Kinross 
 were combined into one sheriffdom under charge of a 
 separate Sheriff-Depute. After that change had been 
 made, Mr. Williamson resigned his former appointment 
 and was reappointed Sheriff-Depute of Stirling solely. 
 Mr. Williamson subsequently adopted the surname of 
 Eobertson Ewart on his succeeding to the estate of 
 Balgray, and on 20 November 1811 he was created 
 a Lord of Session under the title of Lord Balgray. 
 
 James Moxcreiff. 
 
 Mr. James Moncreiff, advocate, was appointed 
 Sheriff-Depute of the new sheriffdom of Clackmannan 
 and Kinross. He was the second son of the Eev. 
 Sir Henry Moncreiff of Wellwood, Baronet. He passed 
 as advocate in January 1799, and was therefore only 
 an advocate of seven years' standing when he w^as made 
 Sheriff. He held office as Sheriff for twenty-two years, 
 but on the death of Lord AUoway he was made a judge 
 of the Court of Session, and took his seat there under 
 the title of Lord Moncreiff. When Sheriff of the 
 combined counties, he succeeded his father Sir Henry 
 in the baronetcy and in the family estate of Wellwood
 
 THE SHERIFFDOM OF CLACKMANNAN. 59 
 
 in the county of Kinross on the death of the latter 
 in 1827, and he was subsequently well known in 
 connection with the Free Church movement of which 
 he was one of the leaders. He w\as celebrated, when 
 practising at the Bar, as an able and successful counsel, 
 whose opinion w^is always received with great respect. 
 He was the father of the present Lord Moncreiff. He 
 continued a judge in the Courts of Session and 
 Justiciary till 1851, when he died at the age of 
 seventy-five. 
 
 John Tait. 
 
 Mr. Moncreift"s successor was Mr. John Tait, 
 advocate, the eldest son of Mr. Crawford Tait, W.S., 
 Edinburgh, proprietor of the estate of Harviestoun. 
 He passed advocate in 1819, and was appointed 
 Sheriff in consequence of his intimate connection with 
 the county. He presented his commission in January 
 1830, and for the long period of thirty-six years he 
 filled the position of Sheriff, earning the respect and 
 affection of all parties in the county. Although not a 
 brilliant lawyer, his judgments w^ere always sound, 
 and in other respects he was a model of a county 
 Magistrate. 
 
 Duringr the time he held office several chanejes were 
 made in the manner in which business w^as conducted. 
 The Court was at first held in a small room in a 
 building, now demolished, in the old town of Alloa, 
 connected with the lock-up there. That place being 
 deemed unsuitable, the court-house was removed to 
 the Assembly Rooms in Bedford Place, in which it 
 occupied, in common with the public, an apartment
 
 6o THE SHERIFFDOM OF CLACKMANNAN. 
 
 devoted to meetings of all kinds. From thence, on 
 the erection of a county prison, the Court was re- 
 moved to a room in that building, and at length, when 
 the Commissioners of Supply decided upon erecting a 
 county hall and offices for the county officials, the 
 Court was provided with a spacious apartment in the 
 new buildings. This took place on 8 December 
 1865, and it was deemed a fitting occasion to give a 
 public dinner to Mr. Tait in appreciation of his 
 services as Sheriff. His portrait was also placed in 
 the new court-house. 
 
 The sheriffdom was also altered during Mr. Tait's 
 tenure of office. 
 
 The Act of Parliament which was passed in 1853 
 provided, that on the occasion of a vacancy in the office 
 of Sheriff of Linlithgow, that county should be united 
 to the counties of Clackmannan and Kinross, and 
 formed into one sheriffdom. Mr. John Cay, the 
 Sheriff of Linlithgow, died a few years afterwards, and 
 on that occurrence Mr. Tait became the Sheriff of the 
 united counties. 
 
 In 1866, Mr. Tait was invited to accept the 
 Sheriffship of Perth ; and having done so, he in that 
 year ceased his judicial connection with the county of 
 Clackmannan, to the great regret of all the inhabitants 
 of the shire. He died on 2 August 1877, and was 
 buried in the private mausoleum of the Tait family 
 near Dollar. 
 
 George Monro. 
 
 Mr. Tait was succeeded by Mr. George Monro, advo- 
 cate, who was admitted as a member of the Bar in 1827.
 
 THE SHERIFFDOM OF CLACKMANNAN. 6i 
 
 His commission as Sheriff is dated 21 July 186G, and 
 he was under the Act of Parliament above mentioned 
 placed in charge of the three counties. He was a sound 
 lawyer, and the author of a treatise upon the Public 
 Health Act of 18G8, in the framing of which Act it is 
 understood he took a leading part. He never resided 
 in the shire like Mr. Tait ; and having three counties 
 under his care, he was unable to attain so intimate an 
 acquaintance with its inhabitants as his predecessor. 
 In fact, from the changes which have been recently 
 made on the office, the Sheriff - Principal has now 
 almost ceased to be a county magistrate, and is little 
 more than an appeal judge. 
 
 Mr. Monro held office for fifteen years, and resigned 
 in 1881, He died shortly afterwards. 
 
 William Ellis Gloag. 
 
 On Mr. Monro's resignation another change was 
 made on the sheriffdom. 
 
 Under an Act of Parliament of 1870 (33 and 34 
 Vict. cap. 86), it was declared that on the first vacancy 
 Clackmannan should be disjoined from Linlithgow and 
 Kinross, and annexed to Stirling and Dumbarton ; 
 and when Mr. Monro resigned, Mr. W. E. Gloag was 
 Sheriff of the two latter counties. He thus became 
 Sheriff of Clackmannan without any new appoint- 
 ment, and took his seat as Sheriff on 5 September 
 1881. 
 
 Mr. Gloag, who passed as an advocate in 1853, is a 
 son of the late Mr. William Gloag of Greenhill, a 
 banker in Perth. He was formerly an Advocate-Depute,
 
 62 THE SHERIFFDOM OF CLACKMANNAN. 
 
 and had a large practice as counsel. He held office as 
 Sheriff of the combined counties till 1885, when, like 
 his predecessor, Mr. Tait, he was appointed Sheriff of 
 Perth, and in 1889 was appointed one of the Senators 
 of the College of Justice in room of Lord Mure, resigned. 
 He took his seat under the title of Lord Kincairney. 
 
 James Muirhead. 
 
 Mr. Gloag was succeeded by Mr. James Muirhead, 
 Sheriff of Chancery, which office he resigned on his 
 appointment to the sheriffdom. Mr. Muirhead was a 
 son of the late Claud Muirhead, Esq., of Edinburgh, 
 and was a native of that city. He was called to the 
 English Bar in 1857, and was admitted a member 
 of the Faculty of Advocates in the same year. Li 
 1862 he was appointed Professor of Civil Law in the 
 University of Edinburgh, served for a short time 
 as Advocate - Depute, and was appointed Sheriff of 
 Chancery in room of the present Lord M'Laren. He 
 was the author of two learned works on Roman Law, 
 and enjoyed a Continental reputation for his knowledge 
 of that system. He died in 1889, after a few months' 
 illness. 
 
 Alexander Blair. 
 
 Mr. Muirhead has been succeeded by Mr. Alexander 
 Blair, Sheriff of Chancery. Mr. Blair was called to the 
 Bar in 1860, and was thus an advocate of twenty-nine 
 years' standing on his appointment to the office of 
 Sheriff of the county.
 
 THE SHERIFFDOM OF CLACKMANNAN. 
 
 63 
 
 The followino; is a list of the Slieriffs-Suljstitute and 
 Sheriff-Clerks since 1748: — 
 
 Shemffs-Substitute. 
 
 James Graham of Boquhaple, 
 
 John Erskine, Bailie of Alloa, 
 
 James Alexander, Writer, x411oa, 
 
 Alexander Bryce, Writer, Stirling (Interim), 
 
 James Moir, do. do. (Interim), 
 
 AVilliam Maxwell IMorrison, Advocate, 
 
 John Bruce, Writer, Kennet, 
 
 James Waddell, 
 
 Simon Drysdale (Interim), 
 
 John Bruce, Tullegarth, 
 
 John M'Gibbon, Esq. (Interim), 
 
 Archibald Hill Rennie of Ballileask, 
 
 AVilliam Clark, W.S., 
 
 AVilliam Bennet Clark, Advocate, 
 
 Tyndall Bruce Johnstone, Advocate, 
 
 DATE OF 
 
 APPOINT. 
 
 1748 
 
 1757 
 
 1759 
 
 1764 
 
 1775 
 
 1787 
 
 1789 
 
 1790 
 
 1791 
 
 1797 
 
 1802 
 
 1813 
 
 1832 
 
 1852 
 
 1876 
 
 Sheriff-Clerks. 
 
 Robert Rollo, 
 John Jameson, 
 Robert Jameson, 
 Andrew Jameson, 
 John Ewing;, 
 James Wallace, 
 
 in office in 1748 
 
 appointed 1765 
 
 1824 
 
 1842 
 1872 
 1879
 
 NOTES ON THE SHERIFF'S PROCEEDINGS, 
 
 AND 
 
 EXCERPTS FROM THE RECORDS OF COURT. 
 
 Thp] records of the Sheriff Courts during the time 
 when the families of Menteith and Bruce held office 
 ai-e not now extant, and the manner in which they 
 performed their duties can only be gathered from some 
 scattered notices respecting them in public documents. 
 
 Tlie account, before referred to, which was rendered 
 by Sir John Menteith in 1359, and which is preserved 
 in the Exchequer Rolls, is the earliest of these records. 
 
 It is interesting, as showing not only the manner 
 in which the Sheriff performed his duties as Crown 
 receiver, but also the state of the county at the time. 
 An abstract of it will be found in the Appendix. 
 
 It appears from that document that the Crown was 
 then possessed of several estates, small crofts, meadows, 
 and orchards in tlie sheriffdom, as well as of the forest 
 of Clackmannan. The Sheriff's account mentions 
 several farms by the names which they still bear, 
 such as Gartenkier, Grassmainston, and others, and 
 these were then Crown property. It further appears 
 that at the date of the account the town and castle 
 of Clackmannan were in the possession of the Crown, 
 because the Sheriff was constable of Clackmannan,
 
 THE SHERIFFDOM OF CLACKMANNAN. 65 
 
 and the revenue derived from the constabulary or 
 hinds attached to the castle was considerable. In 
 1331 there were received from that source 42 chalders 
 and 5 bolls of victual. The king had also gardens 
 at Clackmannan, and occasionally visited at the 
 castle. But the rents received by the Sheriff were 
 very small, as the larger rents were bestowed by the 
 king on Court favourites in gift. Thus it is said that 
 only 18s. had been received from the lands of Gaty- 
 shend, because they had been in the hands of Robert 
 de Bruce by gift from the king. A similar reason 
 is given for not accounting for the grazing of the 
 meadow. It was in the same hands. The rents of 
 Alloway w^ere also in the hands of Lord William 
 Bailley by gift, and the rents of Tolygarth were in 
 the hands of Lord John de Danyellyton, and so on. Sir 
 John also said that he had received nothing from the 
 Brewesteresses of Clackmannan, who had been in use 
 to pay 4d. a year for their privileges ; nor had he 
 received anything for fines and escheats in the court 
 of the Justiciar, — a statement that seems to have been 
 received with incredulity, as there is a memorandum 
 that this was to be inquired into. The whole of the 
 Sheriff's receipts for these eleven years was only 
 £113, 7s. 3d. 
 
 The account also contains the particulars of the 
 Sheriff's disbursements, the principal of which were a 
 payment of £53, 6s. 8d. to Sir Robert Erskine for 
 •'munitions" to Stirling Castle; a sum of £17, 3s. 
 for the king's expenses at Stirling ; another payment 
 of £6, 15s. lid. to Sir Robert Erskine, being cash lent 
 by him to the king ; and £13, 12s. as the Sheriff's own 
 
 £
 
 66 THE SHERIFFDOM OF CLACKMANNAN. 
 
 fees, and £2, Is. of fee as eonstaLle of Clackmannan. 
 After iloducting these and otlicr disbursements, there 
 remained a balance of £5, 9s. Id., which he paid. 
 
 The mill of Clackmannan having fallen into dis- 
 r(^pair was rebuilt Ijy the Sheriff, and he was permitted 
 to retain the rents to reimburse himself 
 
 Sir John Menteith was also appointed to collect 
 the contribution charged upon the shire to meet the 
 ransom which David 11. undertook to pay for his 
 release from captivity ; but he recovered little. 
 
 Another account about 150 years later, viz. on G 
 Julv 1501, shows how the Crown lands had bv that 
 time been dissipated by gifts. The rents and feu 
 duties collected at that time only amounted to £8, 6s., 
 and the fines levied bv the Sheriff to £lO. 
 
 The record of the proceedings of the Lords Auditors 
 of causes and complaints contains some entries 
 respecting the Sheriff's proceedings in civil cases. 
 
 In 1471 (temp. James III.) there is the following 
 entry, from which it would appear that the Sheriff 
 had failed in enforcing a decree against a landed pro- 
 prietor in the county : — 
 
 " The Lords ordain that letters l)e written to the 
 Sheriff of Clackmannan (Sir William Menteith was then 
 Sheriff), charging him that as of before he execute our 
 Sovereign Lord's letters directed to him of before anent 
 the distraining of John Bruce of Clackmannan for a cer- 
 tain sum of money decerned and ordained to be paid to 
 John Brady and his spouse by the Lords of Council, 
 and because the said Sheriff has disobeyed our Sove- 
 reign Lord's letters and charges diverse times in the
 
 THE SHERIFFDOM OF CLACKMANNAN. 67 
 
 8ai(l matter, and would not compear now to answer, 
 thereupon, he being lawfidly summoned, the Lords 
 ordain him to enter his person in ward in tlie casde 
 of Blackness within twenty days next to come, and 
 to remain on his own expense until he be freed by 
 the kine^." ^ 
 
 There is no further record respecting this complaint, 
 but it appears from the above order that (me John 
 Brady obtained a decree against Bruce of Clackmannan 
 which it was the duty of the Sheriff to enforce by dis- 
 traint, and that he not only wilfully refused to do so, 
 but set the authority of the Supreme Court at defiance. 
 
 There is another entry in 1496, in the following- 
 reign, of a Court held by the Sheriff and a jury, in 
 the manner formerly described : — 
 
 " Inquest in virtue of precept from King James 
 IV., liolden at Kennet by Sir William Menteith, 
 Sheriff of (Clackmannan, at the complaint of Agnes 
 Redheugh, spouse of the deceased David Bruce of 
 Kennet, against Gilbert Brady, for troubling her in 
 the peaceable possession of a headrigg of land, the grass 
 of a ward, the grass of a forebank at Kemketland and 
 others, whereupon the said inquest found her entitled 
 to possess the same as she and her said deceased hus- 
 band had done for fifty years past. — 17 May 1496." 
 
 We find no other notices of the Sherift^'s judicial 
 proceedings until the year 1592, when another Sherifi' 
 of the same name presented a petition to Parliament 
 for authority to erect a court-house and jail in 
 Clackmannan. The Act of Parliament wliich was 
 passed on this application contains so ^■(articular an 
 
 ^ Ada Audilorum, ]^. 12.
 
 68 THE SHERIFFDOM OF CLACKMANNAN. 
 
 account of the state of the sheriffdom at the time 
 that it may be quoted entire : — 
 
 " Act for bio;g;an the Tolbooth of Clackmannan 
 29 April 1592. — Anent the supplication given in and 
 presented to the Lords of the Articles of this present 
 Parliament by William Menteith of Kerse, making men- 
 tion that whereas he and his predecessors, Sheriffs of the 
 sheriffdom of Clackmannan, have in ail times byegane 
 used and exercised the said office to the inhabitants 
 within the bounds of the jurisdiction thereof dutifully 
 as effeirs, and albeit that in all other sheriffdoms in this 
 realm there are tolbooths appointed and biggit within 
 the head burghs of the same, where courts may be 
 holden, justice administered, and malefactors and 
 transgressors may be kept and warded until justice 
 may be administered upon them according to their 
 demerits, nevertheless there was nae tolbooth within 
 the bounds of the jurisdiction of the said sheriffdom, 
 but the said William and his predecessors have been 
 compelled to hold courts openly at the Market Cross 
 of Clackmannan, which is the head burgh of the said 
 sheriffdom, and to keep in ward the transgressors and 
 malefactors within his dwelling; - house outwith the 
 said shire expressly against all guid order and policy, 
 desiring therefore that an Act should be made in this 
 present Parliament ordaining ane tolbooth to be biggit 
 within the said burgh of Clackmannan upon the 
 common high street thereof, by wast the Croce where 
 the same may maist commodiously stand and be best 
 spared, and that a taxation should be gathered of the 
 haill lands of the sheriffdom, which extend to seven 
 score twa pund land of auld extent, vizt. forty shillings
 
 THE SHERIFFDOM OF CLACKMANNAN. 69 
 
 of every pimd land thereof, whilk will extend in tlic 
 haill to the sum of twa hundred fourscore and four 
 punds, and that letters be directed by the Lords of 
 Session of poinding and horning upon a simple charge 
 for inbringing thereof, that justice may be the better 
 administered in time coming as the said supplication at 
 mair length bears, whilk being heard, seen, and con- 
 sidered our Sovereiecn Lord with advice of his estates of 
 this present Parliament has ordained, like as by the tenor 
 hereof statutes and ordains, that ane tolbooth shall be 
 biggit within the said burgh of Clackmannan upon the 
 common High Street thereof, be wast the Cross where 
 the same may maist commodiously stand and be best 
 spared. Further, our said Sovereign Lord, with advice 
 foresaid, statutes and ordains that a taxation be gathered 
 of the haill lands of the said sheriffdom, which extend 
 to seven score twa pund land of auld extent, videlicit 
 forty shillings of every pund land, which extends in the 
 haill to the sum of twa hundred fourscore and four 
 punds, and that letters be directed by the Lords of 
 Session of poinding or horning upon a simple charge 
 for ing-ettino- thereof." ^ 
 
 The building; thus erected was used as a court-house 
 and prison until the Court was removed to Alloa. 
 
 The records of Court now extant commence by a 
 minute of date 30 September 1698 of Mr. Stewart's 
 proceedings on that day, and they are continued till 
 July 1700, when they end somewhat abruptly. A 
 blank, as has been mentioned, then occurs till July 
 1712, when Colonel Dalrymple attended as heritable 
 
 ' Acts of rarliamcvt^ vol. iii. p. 582.
 
 70 THE SHERIFFDOM OF CLACKMANNAN. 
 
 Slieriff, and the Minutes have been continued regularly 
 since that date. The earlier records contain short 
 entries of the Sheriff's whole proceedings, civil as well 
 as criminal. In the civil courts the debts sued for were 
 generally of small amount, but there were numerous 
 services of heirs, and the Michaelmas and Fiars 
 Courts were held regularly. In the criminal courts 
 there were the usual squabbles between the Pro- 
 curator-fiscal of Court and the Bailies of the different 
 regalities in the sliire respecting the Sheriff's right to 
 try inhabitants of the regalities for alleged offences. 
 In trials of other offenders most offences were punished 
 by fine, and the Sheriffs-Depute seem to have considered 
 it to be their especial duty to guard the rights of the 
 owner of the estate of Clackmannan. 
 
 A few of Mr. Morrison's decisions in these cases may 
 be given. 
 
 ^' Clackmannan, 22 December 1698. — The Sheriff- 
 Depute unlaws (fines) the heall inhabitants within the 
 town of Clackmannan and green thereof in five pounds 
 Scots each of them for stealing; and resettino- of coall 
 contra to several Acts of Court made thereanent, except 
 Mr. William Smith (the parish schoolmaster), Catherine 
 Ramsay, Thomas Whyte, w^right ; Janet Anderson, 
 relict of Thomas Reid ; William M'Gowan, John 
 Mitchell, James Horn, Thomas Cusin, John Duthie, 
 James Lothian, Patrick Drummond, Margaret Blair, 
 John Morise, Isobel Wood, relict of James Wright ; 
 Thomas Hall, wright ; James Morison, John Demper- 
 stoun, David White, Andrew Henderson, younger ; 
 William AVebster, and Hall, relict of Thomas 
 
 Hall, maltman, whom the Sheriff-Depute assoilzied in
 
 THE SHERIFFDOM OF CLACKMANNAN. 71 
 
 respect tliey were content to depone, and the pursuer 
 thereupon passing from tliem. Whereupon William 
 Paton the pursuer took instruments." 
 
 The next decision hy Mr. Morrison shows the some- 
 what lawless character of the people at the time. The 
 Procurator-fiscal was not allowed to prosecute for an 
 offence without disclosing the name of his informer ; 
 and. as this exposed the informer to the vengeance of 
 the accused afterwards, precautions had to be adopted 
 for securing the informer's safety. The Sheriff had thus 
 not only to punish the guilty, but to protect the 
 injured party against further violence, and he endea- 
 voured to do so in the followino; manner : — 
 
 " Clackmannan, 31 December 1698. — Tn the com- 
 plaint prcponed at the instance of the Procurator- 
 fiscal and Christian Ilardie, his informer, against 
 Patrick M'Laren, mealmaker in Clackmannan, and 
 Annabel Aitken his spouse, Bessie Kobison, spouse to 
 Alexander Aitken, in Green of Clackmannan, and tht; 
 said Alexander for his interest, the Sheriff-Depute finds 
 the said Bessie E obi son and her said husband for his 
 interest guilty of a riot in taking away of the yarn 
 libelled and found in ane chest belonging to Thomas 
 Lawson, in respect of the pursuers their proving of the 
 same to be bouoht from Isobel Ew^ins: in Clackmannan, 
 and therefore unlaws the said Bessie Robison and her 
 husband for his interest in ten punds Scots money, and 
 ordains the same to be paid within terms of law. And 
 also ordains the said Bessie Robison to beg pardon of 
 the said Christian Hardie of the offence done her in 
 defaming and taking away of her good name ; and sic 
 like ordains the said Alexander Aitken and Bessie
 
 72 THE SHERIFFDOM OF CLACKMAANAN. 
 
 Robison his said spouse to find sufficient caution of 
 law burrows, and likewise the said Patrick M'Laren 
 and his said spouse to find sufficient caution of law 
 burrows, acted in the said Sheriff Court books, that the 
 said Cliristian Hardie shall be kept harmless and 
 skaitldess of them and of all others of their sending; or 
 hounding, otherwise than by order of law and justice, 
 under the penalty of £100 Scots, and assoilzies the said 
 Patrick M'Laren and his said spouse from the points 
 of the complaint. Whereupon the said Peter Stewart and 
 likewise the said Patrick M'Laren took instruments." 
 
 The next sentence shows the manner in which the 
 Sheriff - Depute dealt with juvenile offenders. He 
 appears to have considered that the schoolmaster was 
 more qualified to judge of the extent of the punish- 
 ment to be inflicted upon them than he was. 
 
 ''Clackmannan, 10 March 1699. — The whilk day 
 anent the complaint pursued at the instance of the 
 Procurator - fiscal and Mr. William Smith, school- 
 master at Clackmannan, his informer, against William 
 Lothian, lawful' son to James Lothian, weaver in 
 Clackmannan, and the said James for his interest, 
 and Bessie Anderson, spouse to the said James, and 
 Thomas Lothian, weaver there, compeared the heall 
 defenders personally, who judicially acknowledged the 
 said William Lothian his entering the Grammar School 
 of the said place, and the beating and abusing of 
 William Tulloch, ane scholar therein, and the said 
 Bessie Anderson her consenting; to the said deed, and 
 coming to the school door and menacing of the said 
 schoolmaster. Wherefore the Sheriff-Depute unlaws 
 the said William Lothian and the said Bessie Anderson
 
 THE SHERIFFDOM OF CLACKMANNAN. 7,3 
 
 and the said James Lothian in £20 Scots, and ordains 
 them to make present payment thereof, or otliorways 
 to be imprisoned aye and wliile the same be done ; and 
 ordains the said WiUiam Lothian to be taken to the 
 said school to be whipped or otherways punished for 
 his said misdemeanour as the said Mr. William Smith, 
 schoolmaster, shall think fit. AVhereupon the pursuer 
 took instruments." 
 
 At this time all fines incurred in Sheriff Courts were 
 forfeited to the Sheriff, and the Sheriff-Depute and 
 other officials divided them. That gave rise to a 
 suspicion that the law was strained by them for their 
 own benefit, and explains the next entry. 
 
 " Clackmannan., 19 Ajyril 1G99. — Anent the com- 
 plaint pursued at the instance of the Procurator-fiscal 
 aofainst John Paterson in CraiQ;ton, for scandalizino; and 
 abusing the Sheriff -Depute and Procurator - fiscal of 
 Court with subornino; and bribino- of witnesses to c;et 
 money unto themselves, the Sheriff-Depute assigns this 
 day eight days for proving the points of the said com- 
 plaint ; and it being asserted by the said Procurator- 
 fiscal that the points of the said complaint were truly 
 acted and spoken by the said John Paterson, and that 
 he should prove the same, the said John Paterson 
 did in open face of Court most audaciously and con- 
 temptuously, without any regard to the authority of 
 the jurisdiction, say that what he had spoken before he 
 would speak it again, and that he the Fiscal cared not 
 what way he got witnesses if he got money, and that 
 he was an arrogant liar. AVherefore the Sheriff-Depute 
 unlaws him in £20 Scots, and ordains him to be 
 imprisoned, and there to lie until he make payment of
 
 74 THE SHERIFFDOM OF CLACKMANNAN. 
 
 the same, and continues the (•omi)Uiint against him for 
 forestalling of merr-ats until this day eight days, and 
 ordains the Procurator-fiscal to cite and adduce what 
 further probation he has in the matter." 
 
 A month elapsed before anything further was done. 
 Paterson was then brought before the Court. 
 
 " Clackmannan, 10 May 1699. — The same day com- 
 peared John Paterson, mealmaker in Craigton, and 
 judicially confesses and acknowdedges that upon the 
 19th dav of April last by past he did revile, calumniate, 
 and abuse the Sheriff-Depute and other members of 
 the Court upon the public street of Clackmannan, in 
 open audience of the heall inhabitants thereof, by 
 saying that they made it a study and endeavour to 
 bribe and hire witnesses for proving of things never 
 heard of, or wrought, thereby to exact money unjustly 
 to themselves, which the said John has judicially sub- 
 scribed in tliis manner : — John Paterson. The Sheriff- 
 Depute unlaws the said John Paterson in a hundred 
 punds Scots, and ordains him to make jtayment thereof 
 within term of law." 
 
 The last of Mr. Morrison's sentences which will be 
 noticed is that passed upon a slieep-stealer, and it is 
 not severe, considering the estimation in which sheep- 
 stealing was then held. 
 
 On 6th July 1699, Pobert Livingston, chapman at 
 Crook of Devon, pleaded guilty of stealing a black tup 
 and two wedder sheep, and he was sentenced " To be 
 stripped naked of his clothes, and scourged by the hand 
 of the hangman through the whole town of Clackmannan 
 with one of the sheep's heads and four feet hanging 
 about his neck, and thereafter to be banished out of the
 
 THE SHERIFFDOM OF CLACKMANNAN. 75 
 
 said shire, with certification that if ever lie ])e four.d 
 therein after this day and date he shall be proceeded 
 against with the rigour of law ; conform whereunto the 
 said Robert Livingston has enacted, and hereby enacts 
 himself, that if ever he be seen or found within the said 
 shire of Clackmannan after the day and date of this 
 presents, he shall be guilty of death without an)' order 
 or process of law to be used against him for that offence." 
 
 And in token of his acquiescence, Livingston sub- 
 scribed it in the Court book. 
 
 Although, as before stated, there is a blank in the 
 Records of Court from 1700 to 1712, the Sheriff- 
 Depute appears to have been conducting the business 
 of the Court durino- that interval. There are some 
 entries in the Records of the Kirk-Session of Clack- 
 mannan during that period, from which it appears that 
 the Kirk-Session applied more than once to the Sheriff 
 to support them in enforcing their sentences against 
 parties for breach of discipline, but that the Sheriff 
 declined to assist them. Thus on" 24 November 1702, 
 " The Session took into their consideration the case of 
 Isobel Anorus, found cruiltv of drinkino; with a soldier, 
 who was afterwards found in her bed : found that she 
 deserved a severe rebuke before the congregation ; but, 
 considering that the said Isobel Ano-us is half-witted or 
 cracked, and unfit to be brought into public, lest that 
 she should be the occasion of more scandal, they 
 adjudged it most fit to deliver her over into the hands 
 of the civil magistrate to be put into the jougs and 
 dismissed the parish." — December 22. The deputa- 
 tion reported to the Session "that they had spoken 
 to the magistrate anent the removal of Isobel, hut
 
 76 THE SHERIFFDOM OF CLACKMANNAN. 
 
 found him averse, which is very unacceptable to the 
 Session." 
 
 The following year the Sheriff was again applied to, 
 to fine an individual who was charged with drunkenness, 
 but he again hesitated to do so, and the accused, 
 having offered to pay a fine of £3 Scots, " the Session, 
 taking into consideration the humble submission of the 
 said Andrew, and for other reasons, thought fit to accept 
 the same." 
 
 Mr. Murehead's decisions were more in accordance 
 with modern ideas than those of Mr. Morrison, but he 
 was not disinclined to use his influence in furthering 
 the private interests of Colonel Dalrymple, the Sheriff- 
 Principal, and in 1713 the following order was inserted 
 in the Minute-Book of Court : — 
 
 ''Saturday, 26 September 1713. — These are giving 
 advertisement to all parties in and about the toun of 
 Clackmannan not to reset any coalls from the coal 
 heughers there, their wives, bairns, or servants, or to 
 entice or persuade them to carry off their coalls in a 
 clandestine manner, or to make any manner of paction 
 with any whatsoever for coalls but such as the 
 masters commissionate to sell coalls on the hill, which 
 is understood to be James Mair for the time or his 
 successors in office. As also discharmno; all and sundrv 
 the lieges from breaking down of dikes or ditches 
 about enclosures, woods, or coalhills pertaining to 
 Colonel William Dalrymple of Glenmuir and Alexander 
 Inglis of Murdistone, or to repair to these woods or 
 coalhills at any time in the year but at the ordinary 
 entrys for carrying of wood, bark, or coalls for sale, 
 and that under the pain of £10 Scots by and
 
 THE SHERIFFDOM OF CLACKMANNAN. 77 
 
 attour repayment of the damage to the heritors or 
 their tenants in tlieir name, and ordains these presents 
 to be intimated and piiblislied by tuck of drum at the 
 Cross and through the toun of Clackmannan, that 
 none may pretend ignorance. 
 
 " Will. Mueehead, Sheriff-Deputed 
 
 A theft of articles belonging to Colonel Dalrymple's 
 fcimily, however, was considered a more heinous offence. 
 A person of the name of David Lowthian, "lawful son 
 to Thomas Lowthian, weaver in Clackmannan," having 
 stolen six shirts belonoino; to the Countess of Dumfries 
 (Colonel Dalrymple's wife), and his sister having re- 
 setted some of them, the case was referred to the 
 Sheriff himself, and it was thus dealt with by him :— 
 
 "10 January 1733, before Colonel William Dalrymple, 
 Sheriff-Principal.— The Sheriff having considered David 
 and Jean Low^thian's judicial acknowledgments, and 
 Elizabeth Eeid, spouse to the said David her character 
 and fame, and that the stolen goods were lodged and 
 found in her custody, finds David Lowthian guilty of 
 theft, and Jean Lowthian guilty of prevarication and 
 reset of theft, and therefore adjudges, decerns, and 
 ordains the said David and Jean Lowthian to be 
 scourged by the hands of a hangman from the head 
 to the foot of the town of Clackmannan, betwixt and 
 between the 20th day of February next betwixt the 
 hours of one and two in the afternoon, and immedi- 
 ately thereafter to be returned to the tolbooth of 
 Clackmannan, there to remain till the day of , 
 
 and upon that day, betwixt the hours of one and two 
 afternoon, to be of new scourg;ed bv the hands of the
 
 ■78 THE SHERIFFDOM OF CLACKMANNAN. 
 
 lianorman from the head of the said town to the foot 
 thereof. Thereafter to be burued upon the cheek with 
 the mark of the shire, and then the saids David and 
 Jean Lowthian and the said EKzabeth Reid to be 
 banished the shire never to return again thereafter." 
 
 The civd business of the Court lias, since the 
 appointment of professional lawyers as Sheriffs, been 
 conducted in accordance with modern practice and the 
 rules laid down by the Supreme Court and in the 
 various Acts of Parliament which have been passed for 
 regulating procedure. The amount of the business 
 transacted has varied considerably at different times. 
 
 On 1 Januarv 1782 there were 67 cases in depend- 
 ence before the Sheriff, and about 260 new actions 
 were instituted during that year. At 31 December, 1^ 
 cases were in dependence. 
 
 On 1 January 1813, thirty-one years afterwards, 
 tlie number of depending actions had been reduced 
 t(^ 45, and the new actions raised during the year 
 following: that date were onlv 87 in number, while 
 the depending actions on 31 December 1813 were 38. 
 
 In January 1832, the number of cases in dependence 
 jiad increased to 96, l)ut tlie numljer of new cases 
 Ijrouoht durius tliat year and entered in the Eolls of 
 Court fell to 57. It is possible, however, that all the 
 cases may not have been entered, and at all events 
 the introduction of Small Debt Courts in 1819 and in 
 1825 must have reduced the number of cases in the 
 ordinary Court. The numljer of complaints decided 
 in the Small Debt Court in 1832 was 278, and of 
 course these are not entered in the ordinary rolls.
 
 THE SHERIFFDOM OF CLACKMANNAN. 79 
 
 In 1882, fifty years afterwards, the cases were as 
 follows : — 
 
 111 Ordinary Court — 
 
 • Numlier of Causes in dependence on 1 January 
 1882, ... 6 
 
 Number initiated durino- vear, 6(5 
 
 Nuni})er disposed of. . 
 Number in dependence on 31 
 Decemljer, . 
 
 In tlie Delits Recovery and Small Debt Courts the 
 numJier of actions raised was 231. 
 
 
 72 
 
 60 
 
 
 12 
 
 
 
 72
 
 APPENDIX OF DOCUMENTS, 
 
 F
 
 APPENDIX OF DOCUMENTS. 
 
 Abstract of the Account of Johx of Meneteth, 
 Sheriff of Clackmannan, rendered at Dundee before 
 the Auditors, of al] his receipts and expenses from 
 the time of his entry on the said office, viz. from 
 Easter 1348 to 30 March 1359, and so of twenty- 
 two terms. 
 
 Exchequer Bolls of Scotland, vol. i. p. 570. 
 
 Charge. 
 
 Rent of the Assise of Penclionnyscroft at 20 pennies 
 
 yearly, . . . . . . fO 18 4 
 
 Rent nf the Assise of Tlaytercroft at 3 .shillings yearly, 110 
 
 Rent of the Assise of Orchard at 8 shillings yearly, . 4 8 
 
 Rent of the Assise of Camelon at 8 shillings and 1 
 
 penny yearly, . . . . . 4 8 11 
 
 Rent of the Assise of Mortiniersyde at 2 sliillings 
 
 yearly, . . . . . .12 
 
 Rent of the Assise of Muubraycroft at 1 shilling 
 
 yearly, . . . . . . 11 
 
 Rent of the Assise of Commoncroft at 1 shilling 
 
 yearly, . . . . . . 110 
 
 Rent of the Assise of lSer3\scroft at 1 shilling yearly, . Olio 
 
 Rent of the Assise of Rogerscroft at 1 shilling yearly, Oil
 
 84 THE SHERIFFDOM OF CLACKMANNAN. 
 
 Eent of Bowcroft nil, because it was in the King's 
 hands and unoccupied during the time of account, 
 but was now in tack, . . . . 
 
 Rent of "NVellcroft nil, because unoccupied during 
 
 time of account, . . . . . 
 
 Rent of croft of Laurence of Cramond nil, because 
 the Sheriff knew nothing concerning it, upon 
 which inquiry shall be made, . . . 
 
 Rent of Lyndseys croft nil, for the same cause, . 
 
 The Land of Passage at 20 shillings yearly, because 
 
 it is in assedation of the King, . . . 2 4 
 
 £16 L5 3 
 
 The fermes of the lands of Gilbraithton for the terms 
 of ]\Iartinmas 1357 and Whitsunday and Martin- 
 mas immediately following, but nothing for the 
 preceding terms of the account, because it was in 
 the hands of Sir Robert de Erskine, . . 14 6 8 
 
 The fermes of Gartclof, Gersmanncars, Bernalgh, 
 Gartynkere, Kirkdaugh, for the foresaid three 
 terms and nothing of the terms preceding, 
 because they were in the hands of Lady Marjory 
 of Charteris by reason of terce, . . . 8 
 
 The rent of the lands of Canet for the terms of Whit- 
 sunday and Martinmas 1358 and nothing for the 
 terms of Martinmas preceding, because they were 
 in the hands of the Avife of the deceased Thomas 
 of Bruce by reason of terce, , . . 2 
 
 The fermes of Ferycars for the three terms aforesaid, 
 Martinmas, Whitsunday, and Martinmas, and 
 nothing for the terms preceding, because it was 
 in the hands of Adam de Argents by grant from 
 the King, . . . • . 7 13 4 
 
 The fermes of the lands of Craigorie and Park 
 
 Meadow nil, because they were not in tack, . 
 
 The fermes of the lands of Gatyshend for the foresaid 
 terms and nothing for the; terms preceding, 
 because they were in the hands of Robert of 
 Bruce by grant from the King, . . . 18
 
 APPENDIX OF DOCUMENTS. 85 
 
 The fermes of Tollicultry Regis and of Pattynsken for 
 tlic foresaid tlirce terms and nothing for the 
 terms preceding, hecaiise they were in the hands 
 of Sir Jolm of Danyellston by reason of Ward, 
 antl when the Ward ceased, in the hands of 
 WilHam of Carnot, heir of the deceased Thomas 
 of Carnot, . . . . , 12 12 4 
 
 The fermes of Grassmainston for the preceding terms 
 of "Whitsunday and Martinmas and nothing pre- 
 viously, because they were in the hands of Sir 
 Robert of Erskine and Jolm of Meneteth by 
 reason of Ward, and Avhen the AVard ceased, 
 in the hand of Robert of Bruce, heir of the late 
 Thomas of Bruce, . . . . 3 10 
 
 The fermes of Pitfulden for the terms of Whitsunday 
 
 and Martinmas last past, . . . 5 
 
 For the herbage of the Park for the terms of Whit- 
 sunday and Martinmas last past and nothing for 
 the preceding terms, because it was in the hand 
 of Robert of Bruce, . . . .200 
 
 The fermes of Alloway for the three terms aforesaid 
 and nothing for the preceding terms, being in the 
 hands of Sir William Bailly by the King's 
 grant, . . . . . . 3G 13 4 
 
 The fermes of Tulligart for the said three terms and 
 nothing for the preceding terms, being in the 
 hands of Sir John of Danellyston and William 
 of Carnot for the same cause, . . . 4 6 8 
 
 The Mill of Clackmannan for the term of Whitsunday 
 1357 and nothing for the preceding terms, being 
 in the hands of Robert of Bruce as above, nor of 
 the term of Martinmas now last, because it was 
 granted to John of Meneteth for building of his 
 Mill by the Earl of Mar, Chamberlain, . . 2 
 
 The Mill of Inchegare, because unoccupied throughout 
 the time of account, on which inquiry shall be 
 made, . . . . . . 
 
 The lands of Dryfield, because under tack with the 
 lands of Petyntasken, as to which inquiry is to be 
 made, . . . , .
 
 86 THE SHERIFFDOM OF CLACKMANNAN. 
 
 From the Brewing women of Clackmannan, each of 
 whom was wont to give 4 pennies yearly, nil, 
 because the compter showed upon account that he 
 could not by Assise find that rent, because nothing 
 was known of it upon which there shall be inquiry 
 by the Chamberlain, . . . . 
 
 For the Foggage of the Forest of Clackmannan for the 
 
 terms of Whitsunday and Martinmas last past, . '2 8 
 
 Of the contributions taxed by the Steward of Scot- 
 land, then Keeper of the Kingdom from the time 
 of the Battle of Durham until the liberation of 
 our Lord the King, nil, because the compter did 
 not know how to render account of these contribu- 
 tions paid by himself, and therefore put himself 
 in the will of our lord the King, . , 
 
 From the fines of the Justice Ayre during the time of 
 the account, nil, because, as he said, none were 
 levied, upon which inquirj^ shall be made, . 
 
 £113 7 3 
 
 Discliarge. 
 
 Cash paid to IMarjory Fleming conform to Precept 
 
 under letters of the King, . . . f 3 G S 
 
 Cash paid to Sir Eobert de Erskine for munitions to 
 
 the Castle of Stirling, . . . . 53 G 8 
 
 Cash paid to William de Vaux, Chamberlain to the 
 
 Kin" . . . . . . 17 3 
 
 'OJ 
 
 Cash paid to the same person by the liberality of the 
 
 King, . . . . . . 7 4 11 
 
 Carriage of Timber of Sir Bartholomew de Loon from 
 
 the Forest as far as the Pool, . . . 110 
 
 Cash paid to Sir Robert de Erskine which he had lent 
 
 over the King's lands, . . . • 6 15 11 
 
 Fee to the corapter for the time of this account, . 13 12 
 
 Fee to the Constable of Clackmannan for three terms 
 
 of this account, . . . . .10 
 
 Fee to him for other three terms, . . . 110
 
 APPENDIX OF DOCUMENTS. 87 
 
 Allowed for the ferms of Canet at Martinmas 1357, 
 because tliey were iu the hands of Allan of 
 Erskine by grant of the wife of the deceased 
 Thomas de lirucc, and the said Allan had the 
 land in tillage, . . . . .200 
 
 Sum uplifted by Sir William Dailly from the lands of 
 
 Alloa before the term of Martinmas 1357, . 18 
 
 £107 9 2 
 
 Sum of Charge, . . . £113 7 3 
 
 Sum of Discharge, . . . 107 9 2 
 
 Clear balance, . . £5 18 1 
 
 Note. — The balance brought out in the account was £5, 9s. Id., 
 but tliat appears to have been an error. 
 
 Chaeter in favour of William de Menteith. 
 
 Scots Acts of Parliament, vol. i. p. 664. 
 
 In Parliamento Apud Sconam XXI f. Die Octobris 
 A.D. MCCCLXXXIL 
 
 Robertus clei gra Rex Scotorum omnibus probis 
 liominibus totius terre sue Clericis et Laicis salutem 
 sciatis nos dedisse concessisse et liac pfiti Carta nostra 
 confirmasse Willielmo de Menteth filio et Heredi 
 Mariote de Strivelyn fib'e et Heredis quondam 
 Johannis de Strivelyn Militis omnes terras et tene- 
 menta Baroniarum nostrarum de West Kerss et de 
 Aluetli cum pertinentiis infra Vicecomitatum de 
 Strivelyn et ubilibet infra Regnum nostrum ac etiam
 
 88 THE SHERIFFDOM OF CLACKMANNAN. 
 
 Officia Vicecomitatus et forestarie de Clakmannane 
 
 que fuerunt dicte Mariote et que dicta Mariota non vi 
 
 aut metu ducta nee errore lapsa sed mera et spontane- 
 
 voliintate sua nobis per suas Literas Patentes apud 
 
 Sconam in pleno Parliamento nostro tento ibidem 
 
 XXII Die Octobris anno domini M°CCC octogessimo 
 
 seeundo coram Mamatibus Res'ni nostri sursum 
 
 reddidit et pure et simpliciter resignavit ac totuni jus et 
 
 clameum que in dictis terris et officiis cum pertinene 
 
 habuit vel habere potuit pro se et heredibus suis 
 
 omnino quietum clamavit in perpetuum. Tenend et 
 
 Habend eidem Wilmo et Elizabeth Sponse sue et 
 
 eorum diucius viventi et heredibus inter ipsos legittime 
 
 procreatis seu procreandis quilnis forte deficientibus 
 
 heredibus legittimis dicti Wihni quil)uscunque de nobis 
 
 heredibus nostris in feodo et hereditate in perpetuum 
 
 omnes dictas terras de AVest Kerss et de Alueth nee 
 
 non Officia cum Tenendriis suis de Ochiltrie et Per- 
 
 dovenyne ejusdem Baronie de West Kerss per omnes 
 
 rectas metas et divisas suas cum pertinenciis suis 
 
 qubuscumque in integras et liberas Baronias cum 
 
 Sok et Sak Thole et Theme, Furca et Fossa Infano- 
 
 anthiefe et Outfanganthiefe et cum Tenendriis et 
 
 libere tenentium servitiis in viis semitis moris et 
 
 maresiis in pratis pascuis et pasturis in silvis et 
 
 memoribus in aucupatione piscatione et venatione in 
 
 curiis Escaetis et earum exitibus molendinis multures 
 
 et eorum sequelis et omnil)us aliis et singulis liber- 
 
 tatibus commoditatibus aysiamentis feodis rectitu- 
 
 dinibus et consuetudinibus et aliis justis pertinentiis 
 
 suis quibuscunque ad omnes dictas terras et officia 
 
 necnon tenementa spectantibus seu spectare valentibus
 
 APPENDIX OF DOCUMENTS. 89 
 
 in futurum qiioquo moclo in libera Forestra et Warrenn 
 adeo li])ere quiete integre et pacifice sic ut dicta Mariota 
 eundeni cum pertinentiis ante resignationem suani 
 prcfatam de nobis teniiit ct j)ossidit. Faciendo inde 
 servicia debita et consiieta salvo dicte Mariote libero 
 tenemento omnium prefatarum terrarum tencmen- 
 tonim et officiorum cum pertinenciis pro toto tempore 
 vite sue Quare omnibus et singulis quorum interest vel 
 interesse poterit damns firmiter in mandatis quatenus 
 eidem Wilmo et Elisabeth sponse sue et eorum diucius 
 viventi ae lieredibus suis supra dictis in omnibus et 
 singulis dicta ofiicia contingentibus prompte re- 
 spondeant ^^^I'eant et intendant. In cujus rei testi- 
 monium piiti Carte uostre nostrum precipimus apponi 
 Siorillum Testibus Venerabilibus in Christo Patribus 
 Willmo et Johanne Cancellario nostro S*^ Andree et 
 Dunkeld Ecclesiarum Epis Johanne Primogenito nostro 
 de de Carrik senescallo Scotie Poberto de Fife et de 
 Meneteth fili firo dilecto Wilmo de Doug;las et de Mar 
 Consanguines Nostro Comitibus Jacobo de Lyndesay 
 Nepote ilro carissimo et Roberto Erskyne ]\Iilitibus 
 A'^icesimo Tertio Die Octobris Anno Pegni nostri 
 duodecimo. 
 
 IMlNUTES OF THE LoRDS OF CoUNCIL. 
 
 From Acts of Lords of Council, p. 121. 
 
 At Edinburgh, 7 July 1489. 
 
 In presence of the Lords of Council William 
 Menteith of the Kerss for himself his brethren kin
 
 90 THE SHERIFFDOM OF CLACKMANNAN. 
 
 and friends on the one part and Robert Bruce of Airth 
 for him his brethren kin and friends on the other 
 part are bound and obliged to stand and abide at the 
 deliverance and ordinance of the Lords underwritten 
 touchino; the making^ of amends for all actions unkind- 
 ness and displeasure, done by the said William, 
 Archibald his brother and their friends to the said 
 Robert and Lucas Bruce their kin and friends and 
 touchinsj the makins; of amitv love and tenderness to 
 be had betwixt both the said parties their kin and 
 friends in time to come, that is to say Robert Bishop 
 of Glasgow, William Bishop of Aberdeen, John Prior 
 of Saint Andrews and Henry Abbot of Cambuskenneth, 
 my Lord Chancellor, the Earl of Bothwell, the Lord of 
 Glamis, the Lord of Montgomery and the Lord of 
 Saint John. And these Lords have taken on them to 
 meet at Edinburgh or wdiere the king shall happen to 
 be for the time the fourteenth day of October next 
 to come and to deliver thereinto before the eighth day 
 after Martinmas next thereafter. And both the said 
 parties have agreed in the meantime as is above 
 written And because the said parties alleged that 
 there w^ere certain of their kin and friends that were 
 not present and therefore could not bind for them, 
 that nevertheless they have bound them for the 
 same parties for the space of eight days next to come 
 And either of the said parties are bound to shew 
 to the other the names of them that will not bide 
 at this appointment betwixt this and the said eight 
 days.
 
 A PrENDIK OF DOC U ME NTS. 9 1 
 
 18 October 1490. 
 
 At Edinburgh the eighteenth day of October in the 
 year of God One thousand four liundred and ninety 
 years in presence of the Lords of our Sovereign Lords 
 Council under written that is to say the Reverend 
 Fathers in God Robert Bishop of Glasgow and 
 William Bishop of Aberdeen ane venerable Father 
 John Prior of Saint Andrews Privy Seal and master 
 Alexander Inolis Archdeacon of Saint Andrews, the 
 Noble and Mighty Lord Patrick Earl Bothwell, and 
 Lord Hailes, William Lord of Saint Johns Great 
 Master of the Household to our Sovereign Lord and 
 Robert Lord Lisle. It is appointed agreed concorded 
 and finally ended betwixt William Menteith of the 
 Kerss, Knight, Archibald of Menteith and Alexander 
 Menteith his brothers with others of their kin and 
 friends on the one part and Robert Bruce of Airtli 
 Sir Alexander Bruce and Lucas Bruce his enimis and 
 others his kin and friends on the other part anent 
 the death and slaughter of umquhile John Bruce 
 father to the said Robert and for amends kynbute and 
 friendship to be and stand betwixt the said parties in 
 time to come in manner as follow^s On the first, the 
 said Archibald Menteith and so many persons as are 
 now in life and present in this town that were 
 committers of the said slaughter shall upon Tuesday 
 the. twentieth day of the said month, now instant, 
 come to the Market Cross of Edinburoh in their linen 
 clothes with bare swords in their hands and ask the 
 said Robert and his friends forgiveness of the death 
 of the said John as the manner is used thereof and to
 
 92 THE SHERIFFDOM OF CLACKMANNAN. 
 
 remit to tliem the rancour of their hearts and shall for 
 the soul of the said John seek or 2;ar seek the four 
 head ■ pilgrimages of Scotland and there say mass for 
 the soul and further the said Robert Bruce shall 
 within twenty days next to come enter one priest to 
 sing in the kirk of Airth for the space of two years. 
 The said Eobert paying the one half of his fee 
 and the said Archibald of Menteith the other half. 
 The which two years being past the said Robert 
 shall gar one priest sing in the same kirk for the 
 said soul. 
 
 Chapter by James IV. in favour of William 
 Menteith of Kers. 
 
 From Register of Great Seal, vol. ii. p. 398. 
 
 Apud Striveling, 25 September 1489. 
 
 Rex concessit familiari suo Willelmo Menteith de 
 Kers, militi, et heredibus ejus, — terras et baroniam 
 de Alweth, vicecomitatu Striveling ; cum officio vice- 
 comitatus de Clakmannane, cum feodis, proficui, 
 etc. ;— que fuerunt Joh Schaw de Alweth per resigna- 
 tionem clicti Wil et quas dictus Joh resignavit : — 
 Witnesses Robertus, Episcopus Glasguensis ; Georgeus, 
 Episcopus Dunkeldensis ; Colinus, Comes de Ergile, 
 Dominus Campbell et Lome, Cancellarius ; Patricius, 
 Comes de Boithwell, Dominus Halis, Magister Hospitii 
 Regis ; Willelmus, Comes de Eroll, Dominus Hay, 
 Constabularius Scotie ; Johannes, Dominus Glammis, 
 Justiciarius ; Johannes, Dominus Drummond, Justici-
 
 APPENDIX OF DOCUMENTS. 93 
 
 arius; Alexander Hume de eodem, Magnus Camerarius ; 
 Andreas, Dominus Gray ; Laurentius, Dominus 
 ( )liphant ; Willelmus, Dominus Sancti Joliannis, 
 Tliesaurarius ; Johannes, Prior Sancti Andree, Secreti 
 Sigilli Gustos ; M. Alexander Inglis, Archidiaconus 
 Sancti Andree ; M. Ricardus Murehede, Decanus 
 Glasguensis, Clericus Rotulorum et Registri ac 
 Concilii ; M. Archibaldus Quliitclaw, Sub-decanus 
 Glasguensis, Secretarius Regis. 
 
 Charter by James V. in favour of William 
 Mexteith of Kerse. 
 
 From Register of Great Seal, vol. iii. p. 657. 
 
 Apud Fawley 26 October 1542. 
 
 Rex conformavit Willelmo Menteith de Kerse, — 
 terrse et baroniam de Kerse cum turre et fortelicio 
 earundem et salmonum piscaria super aqua de Carrone 
 vizt. rerras de Wester Kerse Over et Nether Mongwaill 
 cum molendino tenentibus etc. et piscaria super aqua 
 de Carone terras de Ranuy furd cum tenentibus etc. 
 Vicecomitate Striveling, terras de Uchiltree cum 
 nianerie molendino carbonairo tenentibus etc. terras 
 de Perdovin cum manerie molendino, tenentibus etc. 
 vie Linlithgow et per annexionem infra vie de 
 Striveling ; terras et baroniam de Alvete cum turre 
 fortalilio granorum et fullonum molendinis ac j^iscaria 
 super acqua de Dovam terres de Cavuke cum tenentibus 
 etc. vie Strivelino- cum officio vicecomitis de Clak- 
 mannane ac cum omnibus juribus proficius etc.
 
 94 THE SHERIFFDOM OF CLACKMANNAN. 
 
 niindinarum annuatiin die S Bartholomei apud villam 
 de Clakmannane tenendarum, quas idem Willem 
 personalitcr resignavit and quas Rex pro servitio diet 
 Will ac pro speciali favore de novo incorporavit in 
 liberum Ijaroniani de Kerse ordinando turrim de 
 Wester Kerse fore principale messuagium ejusdem ; 
 et easdem ei de novo dedid. Ten end dicto Will et 
 lieredibus misculis ejus de corpore legit procreatis, quibis 
 deficientibus Roberto Menteitli ejus patrus et lieredi- 
 bus etc., ut supra quibus deficientibus Jacobo Menteitli 
 in Salcotes et lieredibus etc. quibus deficientibus Joliano 
 Menteitli in Alvetli et lierediljus etc. quibus deficientibus 
 Willelmo Menteitli filio et lieredi quondam Patricii 
 ]\Ienteitli de Randyfurd et lieredibus etc. quibus de- 
 ficientibus Alexandro Menteitli apud Polmontli Mylne 
 et lieredibus etc. quibus deficientibus legit et propin- 
 (juioribus lieredibus masc. dicti Wil. Menteitli de Kerse 
 quibuscumque, quibus deficientibus ejus legit et propin- 
 (juioribus lieredibus quibuscum : — Reddend tres sectos 
 at tria placita capitalia vie de Striveling cum servitio 
 warde etc. Insuper decrevit rex quod si contingeret 
 dictas terras etc. alicui liereduin taillie de corpore 
 dicti Willelmo non procreato ratione liujus carte 
 pertinere diet lieres persolveret unicuique filiarum 
 dicti Willelmi viz. Helene Elizt et Jonete Menteitli 
 sum man 3000 librarum ipsarum maritagiorum suppora- 
 tioni ; et voluit quod si pars diet terrarum etc. in 
 conjuncta infeodatione daretur aut sub reversione 
 alienaretur terris redemptis aut domina conjuncte 
 infeodationis decedente dicta pars dicte baronie 
 reverteretur.
 
 APPENDIX OF DOCUMENTS. 95 
 
 Charter by Queen Mary in favour of John 
 Menteith, son and apparent heir of Robert 
 Menteith of Kerss. 
 
 From Register of Great Seal, vol. iii. p. 159. 
 
 At Edinburgh 30 October 1552. 
 
 Recrina, — cum consensu Jacobi comitis Aranie doni 
 Ilammiltoun, tutoris sui et gubernatoris Scotie, — 
 concessit Jolianni Menteth, filio et apparenti heredi 
 Roberti M. de Kers, — terras et baroniam de Westir 
 Kers, scil. terras et baroniam de Kers, cum turre et 
 fortalicio, salmonum piscarriis super aquam de Carron, 
 terras de Westir Kers, Ovir et Netliir Mongwell, cum 
 molendino, tenentibus etc., terras de Romyfurde cum 
 tenentibus etc., vie. Striveling ; terras de Ucliiltre 
 cum manerio, molendino, carbonario, tenentibus etc., 
 terras de Perdoven cum manerie, molendino, ten- 
 entibus etc., vie. Linlithgow ; terras et baroniam de 
 Alveth cum turre et fortalicio, granorum et fullonum 
 molendinis piscariis super acqua de Doun, terras de 
 Skaverkie, cum tenentibus etc., vie. Striveling ; cum 
 officio vicecomitis de Clakmannane, omnibusque juribus 
 proficius et devoriis puljlicarum nundinarum apud 
 oppidum de Clakmannane in die festi Bartholmei 
 tenend. annuatim ; — quas (in unam baroniam de Westir 
 Kers per regem Jac. V. incorporatas) dictus Rob. 
 resifjnavit : — Tenend. dieto Joli. et hercdibus masc. 
 ejus de corpore legit, procreatis, quibus deficientibus, 
 heredibus masculis in carta tallie quondam Willelmo
 
 96 THE SHERIFFDOM OF CLACKMANNAN. 
 
 ]Mentetli de Kers per Jac. V. regem confecta contentis : 
 Reddend. annuatim tres sectas ad tria placita capitalia 
 vie. de Strivelino;, cum servitio warde etc. : — Reservatio 
 libero tenemento dicto. Rob., et rationalili tertia 
 ejus conjugi cuicunque cum coutingeret : — Witu esses, 
 Joliamies Arcliiepiscopus Sancti Andree, Tliesaurarius ; 
 Georo-ius, Comes de Huntlie Dominus Gordoun et 
 Badyenacli Cancellarius ; Archibaldus Comes Ergadie, 
 Dominus Campbell et Lome ; Georgius Commendatarius 
 de Dunfermling, Secreti Sigilli Gustos ; M. Thomas 
 Marjoribanks de Ratlio, Clericus Rotulorum Registri 
 ac Concilii; M. Johannes Bellenden (Bennatyne) 
 de Auchnoule, Clericus Justiciarie ; M. Alexander 
 Levyngstoun de Donypace Director Cancellarie. 
 
 Charter by Queen Mary in favour of John Menteith, 
 
 SON AND apparent HEIR OF RoBERT MeNTEITH OF 
 
 Kerss. 
 
 From Register of Great Seal, vol. iii. p. 392. 
 
 At Edinburgh 8 July 1565. 
 
 Repina concessit Johanni Menteith filio et heredi 
 apparent! Roberti M. de Kers in vitali redditu, et 
 Willelmo Menteith ejus filio et heredi apparent! in 
 feodo, — terras et baroniam de Westir Kers, viz. terras 
 et Ijaroniam de Kers cum turre et fortalicio ac salmonum 
 piscationibus super aqua do Carrone, terras de Westir 
 Kers, Over et Nethir Mongwell cum molendino, tenenti- 
 bus etc., terras de Romyfurde cum tenentibus etc., vie.
 
 APPENDIX OF DOCUMENTS. 97 
 
 Striviliiig ; terras de Ucliiltre, cum manerie, molendino, 
 carbonario, tenciitiljus etc., terras de Perdoven cum 
 manerie, molendino, tenentiljus etc., vie. Linlithgu ; 
 terras et Baroniam de Alvetli cum turre et fortalicio, 
 molendino granariis et fullonio, ac piscationibus super 
 aqua de Doune terras de Skavcrkic cum tenentibus etc., 
 vie. Striviling ; cum officio vicecomitis de Clakmannane, 
 cum proficius de liberis et publicis nundinis aunuatim 
 npud opi)idum de C. tenendis super diem Divi Bartlio- 
 lomei ; — quas, per regem Jac. V. in baroniam de Westir 
 Kers incorporatas, idem Joli. personaliter resignavit : — 
 Tenend. dicto Job. ut supra, dicto Wil. et lieredibus 
 masc. ejus de corpore legitime procreandis, quibus 
 deficientibus, aliis lieredil)us masc. dicti Job. de corpore 
 legit, procreatis, quibus def. beredibus masc. in carta 
 tallie facta per Jacobum V. regem quondam Willelmo 
 Menteitb de Kers contentis : — Reddend. annuatim tres 
 sectas ad tria placita capitalia vie. de Striviling, cum 
 servitiis relevii et maritagii cum contingerent : Re- 
 servatis libero tenemento dicto Roberto seniori, et 
 .rationabili tertia Helene JNIenteith tunc spouse dicti 
 Job., vel cuicunque alii ejus sponse tempore ejus decessus 
 existenti : Witnesses Johannes (Gawinus in carta 1782) 
 Arcbiepiscopus Sancti Andree ; Jacobus, Comes de 
 Mortoun, Dominus Dalkeith, Cancellarius ; Willelmus, 
 Comes Mariscalli, Dominus Keith ; Richardus Maitland 
 de Lethingtoun, Eques Auratus, Secreti Sigilli Custos ; 
 M. Jacobus Makgill de Rankelour - Nethir, Clericus 
 Rotulorum Re2;istri ac Concilii.
 
 98 THE SHERIFFDOM OF CLACKMANNAN. 
 
 Ratification in favour of Sir Henry Bruce of 
 Clackmannan of the Lands and Barony of 
 Clackmannan, etc. 
 
 From Acts of Parliament, vol. vii. p. 629. 
 
 Our Sovereign Lord with advice and consent of the 
 Estates of this present Parliament has ratified approved 
 and confirmed, and by these presents ratifies approves 
 and confirms the Charter and new Gift therein contained 
 granted by his Majesty under his Majesty's great seal 
 of this Kingdom of the date at his Majesty's Court of 
 Whitehall the twenty-sixth day of March last by past 
 in this instant year 1669 To and in favour of his 
 Majesty's lovite Sir Henry Bruce of Clackmannan, 
 Knight, and his heirs male of his own body whom 
 failins; to his nearest and lawful heirs male whatsoever 
 who shall be obliged to take upon them and carry the 
 surname and arms of Bruce, which all failing to return 
 to his Majesty and his successors heritably of all and 
 sundry the lands and others after specified To wit 
 All and Haill the lands and Barony of Clackmannan 
 with annexis connexis and their dependences above 
 and after specified viz. the mains and old Barony of 
 Clackmannan with the tower fortalice yards orchards 
 thereof the town and Burgh of Barony of Clackmannan 
 and haill liberties privileges immunities tolls customs 
 and casualties thereof with two weekly markets to be 
 kept weekly in the foresaid Burgh of Clackmannan 
 upon Wednesday and Saturday with all tolls customs 
 casualties profits liberties and immunities thereof,
 
 APPENDIX OF DOCUMENTS, 99 
 
 too;ctlicr with the Mill of Clackmnnnan tofts crofts 
 annexis connexis dependencies thereof tenants tenan- 
 dries and service of free tenants with the common ty 
 thereof called Pilmure and Anryse which town of 
 Clackmannan of old was made constitute erected and 
 created by all the bounds and commonty thereof in one 
 free Burgh of Barony All and Haill the lands of 
 Ilalhill Over and Nether Hilend Kairfliill Cartoquhie 
 Grasmanston Garthalow Birkhill Lynmilne milne- 
 lands and multures of the same Tullygarth Pittens- 
 keine Mortimersyde Craigorie Kemlin Eistpark and 
 Wester Kennet with all and sundry pendicles and 
 ])ertinents wdiatsoever lying within the Barony of 
 Clackmannan and sheriti'dom thereof w4th all and 
 sundry castles, towers, fortalices, manor places, mills, 
 multures, woods, fishings, as well in salt as fresh water, 
 hills, braes, valleys, yards, orchards, annexis connexis, 
 outsets, dependencies, tenants tenandries, service of free 
 tenants, advocations donations and right of patronage 
 of the Kirks beneficies and chaplainries of all and 
 sundry the forenamed Lands, Barony, Burgh of Barony 
 and others above mentioned with the free forest of the 
 same Courts and all other privileges and liberties of free 
 forests lying as is alcove rehearsed All and Haill the 
 lands and tenandry of Easter Kennet with the manor 
 place houses biggings yards orchards dovecots and 
 pertinents thereof ; together with the croft called grieves 
 acre belonging to the foresaid lands and sic like, the 
 tenement of land called Baxters Land, with the waste 
 lands yard and croft belonging thereto 'lying on the 
 north side of the town of Clackmannan betwixt the 
 lands of John Proud on the West and the lands of John
 
 I CO TEE SHERIFFDOM OF CLACKMANNAN. 
 
 Jilethven on the east parts, the croft of land called the 
 crooked croft having the public way on the east and 
 the Lands of the deceased Sir David Bruce of Clack- 
 mannan on the west south and north parts and the 
 other croft caUed also the crooked croft lying on the 
 east part of the foresaid })uljlic way near the overcroft 
 immediately preceding betwixt the lands of William 
 Mitchell on the east and the lands of the said deceased 
 Sir David Bruce on the west parts with grass pasturage 
 in the foresaid commonty of Clackmannan use and wont. 
 The lands of Craighill and Hiltoun croft together with 
 the coals of the same and the superiority of the lands 
 of the deceased Gilliert Coustoun lying on the north 
 part of the foresaid Burgh of Clackmannan betwixt the 
 lands of Andrew Methven on the west and the lands 
 of David Gamble on the east parts. And the superiority 
 of nine acres of the lands of Wester Kennet which 
 sometimes pertained to the said lands of caster Kennet 
 heritably with all and sundry houses biggings yards 
 outsets insets tofts crofts pasturages tenants tenan- 
 dries service of free tenants parts pendicles privileges 
 and pertinents of the lands above mentioned lying 
 within the Parish and Sheriffdom of Clackmannan above 
 mentioned. All and Ilaill the teind sheaves and 
 parsonage teinds of All and Ilaill the said lands and 
 tenandry of Easter Kennet not formerly disponed to 
 Mr. Robert Bruce with annexis connexis tenants 
 tennandries and all their pertinents. And also of the 
 foresaid croft of land called Greivs Acre belonging 
 to the same 'lands And of the said other croft yard 
 and tenement of land called Baxters land contiguous 
 adjacent lying on the north part of the foresaid Burgh
 
 APPENDIX OF DOCUMENTS. loi 
 
 with the foresaid croft called the crooked way on the 
 west side of his Majesty's said way which leads to 
 Clackmannan and the foresaid other croft of land 
 likewise called crooked croft on the west part of his 
 Majesty's said highway which leads to the said Burgh 
 lying almost near the foresaid other croft And of All 
 and Haill the said lands of Craig-hill and Hiltoun Croft 
 otherwise called Serjantland all lying within the foresaid 
 Barony of Clackmannan and Sheriffdom thereof erected 
 in one free tenandrie called the tenandrie of easter 
 Kennet, and in like manner to the said Sir Henry Bruce 
 and his heirs male carrying the surname and arms of 
 Bruce which failing his nearest lawful heirs whatsoever 
 who shall be obliged to take upon them the same 
 surname and arms of Bruce and to his or their assignees 
 whatsoever heritably of all and haill these forty acres 
 of kirklands lying within the mains of Craigorie with 
 all their pertinents whatsoever And also within the 
 Barony and Sheriffdom of Clackmannan abovementioned 
 Together with the free fair to be hqlden yearly within 
 the said Burgh of Clackmannan upon the fifteenth day 
 of June conform to the Act of Parliament made tliere- 
 anent and haill liberties privileges immunities tolls 
 customs and casualties of the same free fairs All and 
 Sundry the lands and Barony of Sauchie with the castle 
 tower fortalices mills multures coals coalheughs 
 tenants tenandries service of free tenants thereof and 
 all their pertinents lying within the foresaid Sherifi'dom 
 of Clackmannan together with the teind sheaves of 
 the same All and Sundry the lands of Gairdinkeir with 
 their pertinents lying within the Regality of Dunferm- 
 line and Sheriffdom of Clackmannan above specified
 
 102 THE SHERIFFDOM OF CLACKMANNAN. 
 
 And of All and Haill the offices of Sheriffship and 
 Forestry of the foresaid Sheriffdom of Clackmannan 
 together with all privileges immunities and casualties 
 customs and dues of the free fairs called St. Barthelmeus 
 fairs to be holden at Clackmannan the day of 
 
 August yearly with all profits whatsoever pertaining 
 and belonging or that justly may belong to the fore- 
 saids two offices or either of them with the privilege 
 of Court plaint blood weits amerchiaments pit and 
 gallows with all other privileges immunities and 
 casualties whatsoever belonging thereto all united in 
 one haill and free Barony Burgh of Barony Forestry 
 and Sheriffship called the Barony Burgh of Barony 
 Forestry and Sheriffship of Clackmannan to be holden 
 of his Majesty and his successors in fee heritage free 
 Burgh of Barony offices of Sheriffship and Forestry 
 and free Barony for yearly payment of the blench and 
 feuduties expressed in the said charter, notwithstanding 
 that the foresaid lands and old barony of Clackmannan 
 w^ith the mills commonty and pendicles thereof above 
 rehearsed, Burgh of Barony weekly markets and free 
 fairs above specified tolls customs privileges and 
 liberties of the same the foresaid lands of Halkhill 
 Over and Nethir Hilend Kcarshill Cartoquhie Grass- 
 manstoun Garthalow Birkhill Lynemilne Tulliegarth 
 Pittenskenie Mortmersyde Craigories Kemling East- 
 park and Westir Kennit with all their pertinents and 
 also the advocation donation and right of patronage of 
 the kirks benefices and chaplainries above expressed 
 free forest above written the foresaid lands and barony 
 of Sauchie with the teinds coals and pertinents and the 
 foresaid offices of Sheriffship and Forestry and free fair
 
 APPENDIX OF DOCUMENTS. 103 
 
 called Bartliemews fair with tolls customs and privi- 
 leges of the same aljove mentioned were holden of old 
 by service of ward and relief. By the which Charter 
 his Majesty promised in verho priricipis to ratify the 
 same in his Majesty's next Parliament and ordained 
 the foresaid charter to be ane sufficient warrant for that 
 effect together with the precept of sasine following 
 upon the same charter and instrument of sasine following 
 or to follow upon the foresaid precept, in all and sundry 
 points articles and clauses therein contained after the 
 form and tenor thereof. And statutes and ordains that 
 this present confirmation thereof is and shall be also 
 valid effectual and sufficient as if they were insert 
 herein, dispensing with the not inserting thereof in this 
 present Act of Ratification, like as his Majesty with 
 consent foresaid wills grants and ordains that the 
 Lands Barony and others above rehearsed which 
 formerly held ward in all time coming are to be holden 
 of his Majesty and his successors by the said Sir Henry 
 Bruce and his above specified in free blench fee heritage 
 free Burgh of Barony Forestry and Sherifiship above 
 mentioned. In respect of the change of the holding 
 specified in the foresaid charter from ward to blench 
 for payment of the blench duties therein expressed 
 notwithstanding that the same lands and others above 
 written were holden of old by service of ward and 
 relief And finds statutes and ordains that the foresaid 
 charter precept and instrument of sasine following or 
 to follow thereupon and remaining rights and securities 
 made to the said Sir Henry Bruce his predecessors and 
 authors of the foresaids haill lands and baronies and 
 others respectively above mentioned all erected by the
 
 104 THE SHERIFFDOM OF CLACKMANNAN. 
 
 foresaid charter in the foresaid Barony of Clackmannan 
 shall be sufficient and valid rights and securities for 
 brookeing and joyfeing thereof in all time coming to be 
 holden of his Majesty and his successors in blench and 
 feu as is above expressed. 
 
 From Acts of Parliament, vol. ix. p. 250. 
 
 At Edinburgh 28 April 1693. 
 
 Act fining the absent Barons of Burghs. 
 
 Forasmuch as . . . and David Bruce 
 
 of Clackmannan Commissioner for the Shire of Clack- 
 mannan have absented themselves from this session of 
 Parliament notwithstanding whereof it pleased their 
 Majestys' Commissioner and Estates of Parliament by 
 an Act of the 23rd of April to allow them to come in 
 and qualify themselves for that duty at or before the 
 5 til of May instant with certification And the saids 
 persons being this day called and not compearing the 
 King and Queen's Majesties with advice and consent of 
 the said estates Do, Conform to the Act of Parliament 
 for amerciating of absent members, fine and amerciate 
 each of the said Barons in the sum of Six hundred 
 pounds Scots, and each one of the foresaid Commis- 
 sioners for Burghs in the sum of Two hundred pounds 
 Scots And appoints the Receiver General of their 
 Majesties rents and casualties to collect and uj)lift the 
 respective fines and penalties above mentioned and to 
 pay in the same to their Majestys Treasury. And 
 Ordains horning to pass hereon at the instance of the 
 said Receiver General on a charge of fifteen days and
 
 APPENDIX OF DOC UMENTS. i o 5 
 
 all other execution competent to be directed and used 
 for inbrinoino- of the same as accords of the law. And 
 further, the King and Queen's Majesties with consent 
 foresaid Declare their places as members of this Parlia- 
 ment to be vacant, and warns and re([uires the Sheriffs 
 of the respective shires and their Deputes or Clerks to 
 call and convene with all diligence the freeholders to 
 meet at the head BurQ;hs thereof and ordains them 
 being met to elect fit and qualified persons in their 
 places and in like manner ordains the Magistrates and 
 Town Councils of the Burghs above mentioned to meet 
 and elect fit and qualified persons in place of those 
 above named to represent them in this current Parlia- 
 ment as they will be answerable, and that upon tlie 
 precise days following viz.: — That such Shires and 
 Burghs as are besouth the River of Tay meet and elect 
 at the respective }»laces upon the sixteenth day of May 
 instant, and that such Shires and Burghs as are benorth 
 the said River of Tay meet and elect on the twenty- 
 third day of the said month of May. 
 
 Commission by King William III. in favour of 
 Mr. Robert Stewart. 
 
 From Minute-Booh of Court. 
 
 8 June 1698. 
 
 Gulielmus Dei trratia maonae Britannise Francias 
 et Hibernise Rex fideique Defensor omnibus probis 
 hominibus ad quos prsesentes literie nostrse per 
 venetunt salutem ; Quando quidem nos considerantes 
 officium vicecomitis jirincipalis vicecomitatus de
 
 io6 THE SHERIFFDOM OF CLACKMANNAN. 
 
 Clakmannane infra antiquum regnum nostrum Scotie 
 in manibus nostris vaccari et ad donationem nostram 
 et dispositionem extistere et nos abunde satisfacti de 
 fidelitate et inteo;ritate Mao;istri Eoberti Stewart, 
 Advocati unius ex Commissariis Edinburgi ac eximiis 
 ejus animi dotibus pro dieto munero obeundo Noveritis 
 igitur nos dedisse concessisse et disposuisse sic uti per 
 presentes hasce nostras literas damus concedimus et 
 disponimus prsefato magistro Roberto Stewart Durante 
 nostro bene placito duntaxat dictum officium vice- 
 comitis antedicti vicecomitatus de Clakmannane cum 
 omnibus feodes principalis beneficiis privilegiis immuni- 
 tatibus et casualitatiljus quibuscunque eo spectantibus 
 tam plenarie et libere in omnibus respectibus et con- 
 ditionibus ac quivis alius vicecomes alicujus alius 
 vicecomitatus infra dictum regnum simili officio potitus 
 et gavisus est seu gaudere poterit secundum leges et 
 constitutiones ejusdem et speciatim cum potestate illi 
 jurante spatio antedicto deputatos et substitutos subse 
 in dicto officio pro quibus respondere tenebitur omniaque 
 alia curiae membra necessaria (clericis solum modo 
 exceptis) nominandi et constituendi proviso omnimodo 
 quod respondere tenebitur pro collectione computatione 
 et solutione dominis commissionariis nostri Tliesaurarii 
 et scaccarii feudi fermse retournaturum et albe fernia 
 divioriarum aliarumque casualitatum ad nos spectantium 
 sive que ad regios nostros prsedicessores sjoectarunt 
 at(|ue nunc colligi computari et persolvi solitarum et 
 consuetarum omnia que alia jura et servitia prsestare 
 quibus vicecomites ex legibus liujus regni nostri aut 
 officiorum suorum natura et constitutione astringuntur 
 In cujus rei testimonium prcsentibus magnum sigillum
 
 APPENDIX OF DOCUMENTS. 107 
 
 nostrum appendi prsecepimus npiul aulam nostrani <le 
 Kensingtone octavo die mensis Jiiuii anno domini jmvc 
 et nonogesimo octavo et anno regni nostri decimo per 
 signaturam Manu. S. D. N. Regis Supra signatam. 
 
 From Acts of Parliament , vol. xi. p. 198. 
 
 August 28, 1704. 
 
 Prayers said — Rolls called — Minutes of the last 
 
 sederunt read.. 
 
 The process the Laird of Clackmannan against his 
 creditors being called and none of them compearing, 
 protection was granted to him to the next session of 
 Parliament inclusive in manner following : — 
 
 Anent the summons and action raised and pursued 
 before the Hio;h Court of Parliament at the instance 
 of David Bruce of Clackmannan ag;ainst his creditors 
 afternamed vizt. (here the names of the creditors are 
 stated), the which summons maketli mention that 
 " where it hath been the pursuer's misfortune to have 
 lost his estate and become insolvent, partly through 
 his having unadvisedly entered himself heir to his 
 father, believing his debts far within the value of his 
 estates the pursuer's father left him. P)y which mistake 
 the pursuer continued to bestow very considerable 
 sums for fitting out and putting in good condition 
 the coals of Clackmannan and Sauchie, which thouoh 
 at the beginning they did not answer the pursuer's 
 expectation, yet is now found to be most beneficial 
 to his creditors. Secundo, As soon as the pursuer
 
 loS THE SHERIFFDOM OF CLACKMANNAN. 
 
 knew his insolvency, lie disponed his whole estate to 
 his creditors, and they or their factor have ever since 
 been in possession thereof. Tertio, The pursuer has 
 obtained consent from the most considerable of his 
 creditors, and only some few out of humour do persist 
 to execute lemd dilio-ence against him to no other 
 effect possible but to vex him and ruin his person 
 after he has divested himself of all his estate for their 
 satisfaction, and in that case the allowing the pursuer 
 a freedom for his person is most consistent with law," 
 the said pursuer, compearing by Sir John Erskine, 
 advocate, his procurator, and there being no com- 
 pearance for the defenders, the foresaid summons 
 and executions thereof wdth the absence of the 
 defenders being at length heard, seen, and considered 
 by her Majesty's High Commissioner and the Estates 
 of Parliament, and thcv beins; therewith well and 
 rightly advised, Our Sovereign Lady, with advice 
 and consent of the said Estates of Parliament, has 
 given and hereljy gives protection to the pursuer from 
 personal diligence for civil debts until the next session 
 of Parliament inclusive. 
 
 From the Register of the Great Seal, Lib. 83, 
 
 No. 157. 
 
 Carta Kesignationis Magistri Gulielmj Dalrymple 
 ct Alexandri Inulis Terrarum et Baronia? de Clack- 
 mannan. Anna Dei Gratia Magnse Britannise Francia? 
 et Hibernise Eegina fideique Defensor Omnibus probis 
 hominibus totius terrse sua3 clericis et laicis Salutem
 
 APPENDIX OF DOCUMENTS. 109 
 
 Sciatis Nos cum avisato et consensu pvedilccti nostri 
 consanguinci et conciliarij Jacol)i comitis de Seafeild 
 capitalis Baronis Scaccarij nostri illiiis partis regni 
 nostri Magna3 Britannise Scotiae niincupat nee non 
 cum avisato et consensu Alexri Maitland de Pitrieliie 
 et Joannis Clerk junioris de Pennycook armigerorum 
 duoruni diet Scaccarij nostri baronum Dedisse conces- 
 sisse disposuisse proqz noljis nostrisqz regijs succoribus 
 in perpetnnm confirmasse sicuti Nos senore putis cartse 
 nostrse Damus concedimus disponimus proqz nobis 
 nrisqz antedict in perpetuum confirmamus Dilecto 
 nostro Magistro Gulielmo Dalrymple de Glenmure et 
 Alexro Ino-lis de Murdistoun mercatori in Edinburgo 
 aqualiter inter eos heredibus suis et assignatis qui- 
 buscunqz hereditarie et irreliter sine ulla reversione 
 redemptione aut regressu aliquali omnes et singulas 
 terras aliaqz postea mentionat viz. : Totas et integras 
 terras et baroniam de Clackmannan cum annexis 
 connexis et suis dependentijs subscript scilicet terras 
 Dominicales et antiquam baroniam de Clackmannan 
 cum turre fortalicio manerei loco hortis pomarijs 
 earuud villam et l3uro;um baronize de Clackmannan et 
 integris privilegijs libertatibus immunitatibus tollonijs 
 custumis et casualitatibus earund cum molendino de 
 Clackmannan toftis croftis annexis connexis depend- 
 entijs teneii tenaii libereque teneri servitijs cum cum- 
 munia earund vocat Pilmure etc. . . . Et tota et 
 Integra officia vicecomitatus et Forrestarij diet vice- 
 comitatus iiri de Clackmannan una cum omnibus 
 privilegijs immunitatibus et custumis liberi fori vocat 
 sanct Bartbolomeus Fair apud Clackmannan super 
 
 die mensis August! annuat tenen cum casuali-
 
 no THE SHERIFFDOM OF CLACKMANNAN. 
 
 tatibus proficuis et divorijs quibuscunque pertinen et 
 spectuii seu juste spectare valeii ad duo officia et eorum 
 alterutrum cum privilegijs curiae placitis bloodwitis 
 amerciamentis pitt et gallous ac cum omnibus alijs 
 privilegijs immunitatibus et casualitatibus quibuscunque 
 ad eadem pertinen Que quidem terrse baronia burgum 
 baroniae decime officia aliaque particulariter supra- 
 mentionat jaceil modo predict omnes unit annexat 
 erect creat et incorporat fuerunt in unam integram et 
 liberam baroniam nunc et omni tempore futuro Baronia 
 Buro;um baroniae et vicecomitatus de Clackmannan 
 nuncupand secundum cartam sub magno sigillo Scotise 
 continefi Novo Damns de data apud Wliiteliall vigesimo 
 sexto Marti i millesimo sexcentesimo sexao;esimo none 
 concessam per Carolum Secundum Regem beatse 
 memorise In favorem Domini Henrici Bruce de Clack- 
 mannan militis et lieredibus ejus inibi nominat ordinan 
 turrem fortalicium et manerei locum de Clackmannan 
 prfnle fore messuagium diet baronise et decernaS et 
 ordinan sasinam tunc capiend per diet Dominum Henri- 
 cum Bruce ejusqe antedict omni tempore futuro apud 
 manerei locum de Clackmannan sufficieii fore pro integ- 
 ris terris baronijs burgo baronise officijs decimis alijsque 
 particulariter supramentionat sine ulla alia particulari 
 sasina suscipiend per illos apud aliquam aliam partem 
 lion obstan discontigue jacent et quaquidem terrse et 
 baronia de Clackmannan contineS compreliendeii et 
 jaceri modo predict perprius pertinuerunt ad Davidem 
 Bruce de Clackmannan et virtute decreti venditionis 
 pronunciat per Dominos Concilij et Sessionis ad instan- 
 tiam Davidis Bruce apotliecarij burgen de Edinburgh 
 creditoris diet Domini Ilenrici et Davidis Bruces
 
 APPENDIX OF DOCUMENTS. iii 
 
 decimo septimo Decembris millesimo septiugentesimo 
 quinto decret vendit et adjudicat fuerunt pertinere 
 et spectare ad Carolum Craigingclt alias Keirie de 
 Woodsyde tancj"' legitimum acquisitorcm earund 
 liercdesqe ejus et successores omiii tempore futuro 
 hereditarie et irredimabi liter pro solutione aut consig- 
 natione pretij inibi mentionat ad creditores iuibi 
 nominat et ordinan cartas diet terrarum aliorumque 
 predict expediri sub Magno Sigillo in favorem diet 
 Caroli Craigingelt alias Keirie acquisitoris et quse- 
 quidem terrse et baronia de Clackmannan aliaqe predict 
 contineii comprelienden et jaceii modo supramentionat 
 disposite fuerunt per diet Carolum Craigingelt alias 
 Keirie ad et in favorum diet inri Gulielmi Dahymple 
 et Alexandri Inglis equaliter inter eos heredum et 
 assignatorum suorum quorumeunqe secundum disposi- 
 tionem concess per ilium ad eos de dat octavo Decem- 
 bris millesimo septingcntesimo sejitimo continen 
 assisnationem ad diet decretum venditionis et 
 alienationis et firmas et divorias anni Domini mill- 
 esimo Septingentesimi sexti Apud Edin- 
 
 burgum vigesimo octavo die mensis Maij anno Domini 
 millesimo septingcntesimo octavo et anno regni mi 
 septimo. 
 
 Commission by King George II. ix favour of 
 Mr. David Walker. 
 
 From Minute-Booh of Court. 
 
 4 April 1748. 
 
 George R. — We do by these presents nominate, 
 constitute, and appoint our trusty and well-beloved
 
 112 THE SHERIFFDOM OF CLACKMANNAN. 
 
 ]\rr. David Walker, advocate, during our pleasure only, 
 Sheriff-Depute of the shire or sheriffdom of Stirling 
 and Clackmannan, in that part of our kingdom of 
 Great Britain called Scotland, giving and granting 
 unto him the said office of Sheriff-Depute of the said 
 shire or sheriffdom of Stirling and Clackmannan, with 
 a salary of one hundred and fifty pounds by the year, 
 and all powers, jurisdictions, and authorities, profits, 
 benefits, privileges, fees, casualties, and immunities 
 thereunto belonging, as fully and freely in all respects 
 and conditions as any Sheriff-Depute within that part 
 of our said kingdom dotli or may enjoy the like office, 
 accordino- to the laws and constitutions thereof, and 
 the statute made in the twentieth year of our reign, 
 and all other statutes in that case made and provided, 
 with power to him to nominate and appoint substitutes 
 under him in the said office, for Mdiom he shall be 
 answerable : Providing always he be answerable for the 
 uplifting, compting for, and making payment into our 
 Exchequer of the feuduties, retours, and blanch duties, 
 and other duties and casualties belong;ino- to us, or 
 which did formerly belong to our royal predecessors, 
 and now used and accustomed to be uplifted, com- 
 puted for, and paid, and for performing the other 
 duties ajid services that Sheriffs - Depute are obliged 
 to by the laws of Scotland and the nature and 
 duty of their offices ; and our further pleasure is 
 that the said David AValker do procure these presents 
 to be registered in the office of the Director of our 
 Chancery in Scotland within the space of three 
 months from the date hereof — Given at our Court 
 at St James's the eighteenth day of March 1747-48,
 
 APPENDIX OF DOC UMENTS. 1 1 3 
 
 in the twenty-first year of our reign. By his Majesty's 
 command. 
 
 (Signed) Hollis Newcastle. 
 
 Edinhiirgh, 31 March 1748. — Registered this Com- 
 mission in the Register of Commissions kept in the 
 office of the Director of Chancery in Scotland, as 
 witness the subscription manual of William Smith, 
 Clerk of the said Chancery, and substitute Director of 
 the Honourable Robert Kerr, Esq., Principal Director 
 
 thereof. 
 
 (Signed) William Smith. 
 
 Commission by King George II. in favour of 
 Mr. Robert Bruce of Kennet. 
 
 From Minute-Booh of Court. 
 
 2 February 17 GO. 
 
 George R. — We do by these presents constitute and 
 appoint our trusty and well-beloved Robert Bruce of 
 Kennet, advocate, during our pleasure only. Sheriff 
 Depute of the shires or sheriffdoms of Stirling, and 
 Clackmannan, in that part of our kingdom of Great 
 Jk'itain called Scotland, in the room and place of Mr. 
 David Walker, who has desired our leave to resign that 
 office sivino; and grantino; unto him the said office of 
 Sheriff -Depute of the said shires or sheriffdoms of 
 Stirling and Clackmannan, with a salary of one hundred 
 and fifty pounds by the year, and all powers, jurisdic- 
 tions, and authorities, profits, benefits, fees, casualties, 
 and immunities thereunto belonging, as fully and 
 
 H
 
 114 THE SHERIFFDOM OF CLACKMANNAN. 
 
 freely in all respects and conditions as any Sheriff- 
 Depute within that part of our said kingdom doth^or 
 may enjoy the like office, according to the laws and 
 constitutions thereof and the statute made in the 
 twentieth year of our reign, and all other statutes in 
 that case made and provided, with power to him to 
 nominate and appoint substitutes under him in the 
 said office, for whom he shall he answerable : Provid- 
 ing always he be answerable for the uplifting, compting 
 for, and making payment into our Exchequer of the 
 feuduties, retours, and blanch duties, and other duties 
 and casualties belonging to us, or which did formerly 
 belong to our royal predecessors, and now used and 
 accustomed to be uplifted, computed for, and paid, and 
 for performing the other duties and services that 
 Sheriffs-Depute are obliged to by the laws of Scotland 
 and the nature of their offices ; and our further 
 pleasure is that the said Robert Bruce do procure these 
 presents to be registered in the office of the Director 
 of our Chancery in Scotland within the space of three 
 months from the date hereof. — Given at our Court of St. 
 James's the seventh day of December 1759, in the thirty- 
 third year of our reign. By His Majesty's command, 
 
 (Signed) Holdernesse. 
 
 Commission by King George III. in favour of 
 George Cokburn. 
 
 From Minute-Book of Court. 
 
 11 July 17G4. 
 
 George R. — We do l)y these presents constitute 
 and appoint our trusty and well -beloved George
 
 APPENDIX OF DOCUMENTS. 115 
 
 Colvbunie, Esq., advocate, during our pleasure only, 
 Sheriff-Depute of the shires or sheriffdoms of Stir- 
 ling and Clackmannan, in that part of our kingdom 
 of Great Britain called Scotland, in the room and place 
 of Eobert Bruce, Esq. , giving and granting unto him 
 the said office of Sheriff'-Depute of the said shires or 
 sheriffdoms of Stirling; and Clackmannan, with a 
 salary of one hundred and fifty pounds by the year, 
 and all powers, jurisdictions, and authorities, profits, 
 benefits, fees, casualties and immunities thereunto 
 belonging as fully and freely in all respects and 
 conditions as any Sheriff-Depute within that part of 
 our said kingdom doth or may enjoy, the like office, 
 accordino' to the laws and constitutions thereof and 
 the statute made in the twentieth year of the reign of 
 our late roval grandfather, and all other statutes in 
 that case made and provided, with power to him to 
 nominate and appoint substitutes under him in the 
 said office, for whom he shall be answerable : Providing 
 always he be answerable for the uplifting, compting 
 for, and making payment into our Exchequer of the 
 feuduties, retours, and blanch duties, and other 
 duties and casualties belonging to us, or which did 
 formerly belong to our royal predecessors, and now 
 used and accustomed to \)Q u|)lifted, compted for, and 
 paid, and for performing the other duties and services 
 that Sheriffs-Depute are obliged to do by the laws of 
 Scotland, and the nature and duties of their offices ; 
 and our further pleasure is that the said George 
 Cokburne do procure these presents to be registered in 
 the office of the Director of our Chancery in Scotland 
 within the space of three months from the date hereof.
 
 ii6 THE SHERIFFDOM OF CLACKMANNAN. 
 
 — Given at our Court at St. James's the twenty-first day 
 of June 1764 years, in the fourth year of our reign. 
 By his Majesty's command, 
 
 (Signed) Sandwich. 
 
 Edinburgh, 3 July 1764. — Registered this Com- 
 mission in the Register kept in His Majesty's Chancery 
 for registration of Commissions, by me, Mr. John 
 Russell, Clerk to the Signet, Depute of the Honourable 
 Robert Ker, Esquire, Director of the said Chancery, 
 witness my subscription manual. 
 
 (Signed) John Russell, Dept. 
 
 Commission by King George HI. in favour of 
 Alexander Abercromby. 
 
 From Minute-Booh of Court. 
 
 26 March 1770. 
 
 George R. — We do by these presents constitute 
 and appoint our trusty and well-beloved Alexander 
 Abercromby, Esquire, advocate, during our pleasure 
 only, Sheriff-Depute of the shires or sheriffdoms of 
 Stirling and Clackmannan, in that part of our king- 
 dom of Great Britain called Scotland, in the room 
 and place of George Cokburne, now George Haldane, 
 Esquire, advocate, giving and granting unto him the 
 said office of Sheriff-Depute of the said shires or 
 sheriffdoms of Stirling and Clackmannan, with a salary 
 of one hundred and fifty pounds by the year, and all 
 powers, jurisdictions, and authorities, profits, benefits.
 
 APPENDIX OF DOCUMENTS. 1 1 7 
 
 fees, casualties and immunities thereunto belongincr, 
 as fully and freely in all respects and conditions as any 
 Sherifi-Depute within that part of our said kingdom 
 doth or may enjoy the like office, according to the laws 
 and constitutions thereof, and the statute made in the 
 twentieth year of our late royal grandfather, and all 
 other statutes in that case made and provided, with 
 power to Alexander Abercromby, Esq., advocate, 
 Sheriff-Depute of Stirling and Clackmannan, to him to 
 nominate and appoint substitutes under him in the 
 said office for whom he shall be answerable : Pro- 
 viding always he be answerable for the uplifting, 
 compting for, and making payment into our Exchequer 
 of the feuduties, retours, and blanch duties, and other 
 duties and casualties belonging to us, or which did 
 formerly belong to our royal predecessors, and now 
 used and accustomed to be uplifted, computed for, and 
 paid, and for performing the other duties aud services 
 that Sheriffs - Depute are obliged to by the law^s of 
 Scotland and the nature and duty of their offices ; 
 and our further pleasure is that the said Alexander 
 Abercromby do procure these presents to be registered 
 in the office of the Director of our Chancery in 
 Scotland w^ithin the space of three months from the 
 date thereof — Given at our Court at St. James's the 
 IStli day of March 1770, in the tenth year of our 
 reign. By His Majesty's command, 
 
 (Signed) Rochford. 
 
 Edinhurgh, 21 March 1770. — Recorded this 
 Commission in His Majesty's Court of Chancery in 
 Scotland, which is certified by me, Alexander Watson,
 
 ii8 THE SHERIFFDOM OF CLACKMANNAN. 
 
 Depute of David Scott of Scotistarvet, Esq., Director 
 of the said Chancery. 
 
 (Signed) Alex. Watsox, Dept. 
 
 Commission by Kixa George III. ix favour of 
 JoHx Prixgle, Advocate. 
 
 From Minute-Book of Court. 
 
 7 July 1780. 
 
 George R. — We do by these presents nominate, 
 constitute, and appoint our trusty and well -beloved 
 John Pringle, advocate, to be Sheriff-Depute ad vitam 
 aut culpam of the shires or sheriffdoms of Stirling and 
 Clackmannan, in that part of our kingdom of Great 
 Britain called Scotland, in the room and place of Mr. 
 Alexander Abercromby, giving and granting unto him 
 the said office of Sheriff-Depute of the said shires or 
 sheriffcloms of Stirling and Clackmannan, with a salary 
 of one hundred and fifty pounds l)y the year, and all 
 powers, jurisdictions, and authorities, profits, benefits, 
 fees, casualties, and immunities thereunto belono-ino;, 
 as fully and freely in all respects and conditions as any 
 Sheriff-Depute within that part of our said kingdom 
 doth or may enjoy the like office, according to the laws 
 and constitutions thereof, and the statute made in the 
 twenty-eighth year of the reign of our late royal 
 grandfather of glorious and happy memory, and all 
 other statutes in that case made and provided, with 
 power to him to nominate and appoint substitutes 
 under him, for whom he shall be answerable for the 
 uplifting, compting for, and making payment unto our
 
 APPENDIX OF DOCUMENTS. 119 
 
 Exchequer of the feiuluties, retours, and blanch duties, 
 and other duties and casualties beloncjino; to us, or 
 which did formerly belong to our predecessors, and 
 now used and accustomed to be uplifted, computed for, 
 and paid, and for performing the other duties and 
 services that Sheriffs - Depute are obliged to by the 
 laws of Scotland and the nature and duty of their 
 offices ; and our further pleasure is that the said John 
 Pringle do procure these presents to be registered in 
 the office of the Director of our Chancery in Scotland 
 within the space of three months from the date hereof. 
 — Given at our Court at St. James's the twenty-fourth 
 day of June 1780, in the twentieth year of our reign. 
 By His Majesty's command, 
 
 (Signed) Stormont. 
 
 EcUnhurgh, 5 Juhj 1780. — Recorded this Com- 
 mission in the Record of Chancery in Scotland in terms 
 of the foresaid proviso, which is certified by me, Thomas 
 jMiller, writer in Edinburgh, substitute of David Scott 
 of Scotstarvet, Esquire, Director of the said Chancery. 
 
 (Signed) Thomas Miller, Sub. 
 
 Commission by King George III. in favour of 
 James Moncreiff, Esquire. 
 
 From Miimte-Booh of Court. 
 
 18 March 1807. 
 
 George R. — AYe do by these presents nominate, 
 constitute, and appoint our trusty and well-beloved 
 James Moncreiff, Esquire, advocate, to be Sherifi-
 
 120 THE SHERIFFDOM OF CLACKMANNAN. 
 
 Depute ad vitam aut culpam of the sliires or sheriff- 
 doms of Clackmannan and Kinross, in that part of our 
 United Kingdom of Great Britain and Ireland called 
 Scotland, in the room and place of David Moneypenny 
 and David Williamson, Esquires, who have severally 
 resigned the same, giving and granting unto him the 
 said office of Sheriff - Depute of the said shires or 
 sheriffdoms of Clackmannan and Kinross, with a salary 
 of three hundred pounds by the year, and all powers, 
 jurisdictions, and authorities, profits, benefits, fees, 
 casualties, and immunities thereunto belonging, as fully 
 and freely in all respects and conditions as any Sheriff- 
 Depute within that part of our said United Kingdom 
 doth or may enjoy in the like office, according to the 
 laws and constitutions thereof, and the statute made in 
 the twenty-eighth year of the reign of our late royal 
 grandfather of glorious and happy memory, and all 
 other statutes in that case made and provided, with 
 power to him to nominate and appoint substitutes 
 under him, for whom he shall be answerable for the 
 uplifting, compting for, and making payment into our 
 Exchequer of the feuduties, retours, and blanch duties, 
 and other duties and casualties belonoino; to us, or 
 which did formerly belong to our predecessors, and now 
 used and accustomed to be uplifted, compted for, and 
 paid, and for performing the other duties and services 
 that Sheriffs - Depute are obliged to by the laws of 
 Scotland and the nature and duty of their offices ; and 
 our further pleasure is that the said James Moncreiff 
 do procure these presents to be registered in the office 
 of the Director of our Chancery in Scotland within the 
 space of three months from the date hereof. — Given at
 
 APPENDIX OF DOCUMENTS. 121 
 
 our Court at St. James's the seventeenth day of 
 December 1806, in the forty-seventh year of our reign. 
 By His Majesty's command, 
 
 (Signed) SPE^X"ER. 
 
 After our hearty commendations, we being made 
 acquainted with the appointment of James Moncreiff, 
 Esquire, advocate, to be Sheriff-Depute ad vitam aut 
 culpam of the shires or sheriffdoms of Clackmannan 
 and Kinross in Scotland, in the room of David Money- 
 penny and David Williamson, Esquires, who have 
 severally resigned the same, do by virtue of His 
 Majesty's Letters of Privy Seal in this behalf aut] lorize 
 and require you to place him upon the Civil Establish- 
 ment of Scotland for the same, and for so doing this 
 shall be your warrant. — Whitehall, Treasury Chamljers, 
 the 2nd day of February 1807. 
 
 (Signed) Grenville. 
 H. Petty. 
 
 W. WiCKHAM. 
 
 Addressed to the Lord Chief Baron and the rest of the 
 Barons of His Majesty's Court of Exchequer in Scotland, 
 James Moncreiff, Esq., Sheriff - Depute, Clackmannan 
 and Kinross, placed on Civil Establishment. 
 
 Edinhurgli, 9 February 1807. — Recorded this 
 Commission in the Records of His Majesty's Chancery 
 in Scotland in terms of the proviso therein mentioned, 
 by me, Thomas Miller, Subst. of James Dundas, Dept. 
 of The Right Hon. eJames St. Clair Erskine, Earl of 
 Rosslyn, Director of said Chancery. 
 
 (Signed) Thomas Miller, Subst.
 
 122 THE SHERIFFDOM OF CLACKMANNAN. 
 
 Commission by King George V\ . m favour of 
 
 John Tait. ; 
 
 From Mimite-Book of Coui't. 
 
 7 July 1829. 
 
 George 11. — We do b}' these presents nominate, 
 constitute, and appoint our trusty and well-beloved 
 John Tait, Esquire, advocate, to be Sheriff-Depute 
 ad vitam aut culj)am of the shires or sheriffdoms of 
 C'lackmannan and Kinross, in that part of our United 
 Kingdom of Great Britain and Ireland called Scotland, 
 in the room and place of Sir James Moncreiff, whom 
 we have appointed one of the judges of our Court of 
 Session, giving and granting unto him the said office 
 of Sheriff-Depute of the said shires or sheriffdoms of 
 Clackmannan and Kinross, with a salary of three 
 hundred pounds by the year, and all powers, jurisdic- 
 tions, and authorities, profits, benefits, fees, casualties, 
 and immunities thereunto belonging, as fully and freely 
 in all respects and conditions as any Sheriff-Depute 
 within that part of our said United Kingdom doth or 
 may enjoy the like office, according to the laws and 
 constitution thereof, and the statute made in the 
 twenty-eighth year of the reign of our late royal great- 
 grandfather of glorious and happy memory, and all 
 other statutes in that case made and provided, witli 
 power to him to nominate and appoint sul)stitutes 
 under him, for whom he shall l)e answerable for the 
 uplifting, compting for, and making payment into our 
 Exchequer of the feuduties, retours, and Ijlanch duties.
 
 APPENDIX OF DOCUMENTS. 123 
 
 and other duties and casualties belonging to us, or 
 wliieli did formerly l)elong to our predecessors, and 
 now used and accustomed to be uplifted, compted for, 
 and paid, and for performing the other duties and 
 services that Sheriffs-Depute are obliged to 1)\' the 
 laws of Scotland and the nature and duty of their 
 offices ; and our further pleasure is that the said 
 John Tait do procure these presents to be registered in 
 the office of the Director of our Chancery in Scotland 
 within the space of three months from the date hereof. 
 — Given at our Court at AVindsor the twenty-ninth day 
 of May 1829, in the tenth year of our reign. By His 
 Majesty's command, 
 
 (Signed) Rob. Peel. 
 
 Commission by Hek Majesty Queen Victoria 
 
 IN FAVOUR OF GeORGE MoNRO. 
 
 From Minute-Booh of Court. 
 
 28 July 1866. 
 
 Victoria R. — We do by these presents nominate, 
 constitute, and appoint our trusty and well-beloved 
 George Monro, Esq., advocate, to be Sheriff ad vitain 
 aut culj^am of the shires or sheriffdoms of Linlithgow, 
 Clackmannan, and Kinross, in that part of our United 
 Kingdom of Great Britain and Ireland called Scotland, 
 in the room of John Tait, Esc[., resigned, giving and 
 o;rantin2; unto him the said office of Sheriff of the 
 said shires or sheriffdoms of Linlithgow, Clackmannan, 
 and Kinross, with a salary of six hundred and fifty 
 pounds by the year, and all powers, jurisdictions, and
 
 124 THE SHERIFFDOM OF CLACKMANNAN. 
 
 authorities, profits, privileges, fees, casualties, and 
 immunities thereunto belonging or appertaining, with 
 a power to him the said George Monro to nominate 
 and appoint substitutes under him, for whom he shall 
 be answerable, for the uplifting, compting for, and 
 making payment into our Exchequer of the fines, 
 forfeitures, and casualties belonging to us, or which 
 formerly did belong to our royal predecessors, and 
 now used and accustomed to be accounted for and 
 paid, and for performing the other duties and services 
 that Sheriff's are obliged to by the law of Scotland, 
 and the nature and duty of these offices : Provided 
 always that the said George Monro shall not be 
 entitled to claim any compensation for any reduction 
 which may hereafter be made in the casualties, fees, 
 and profits of the said office ; and our further will 
 and pleasure is that the said George Monro do procure 
 these presents to be registered in the office of the 
 Director of our Chancery in Scotland within the space 
 of three months from the date hereof — Given at our 
 Court at Saint James's the twenty-first day of July 
 18GG, in the thirtieth year of our reign. By her 
 Majesty's command, 
 
 (Signed) S. H. Walpole. 
 
 From, Minute- Book of Court. 
 
 At Alloa the 5th day of 
 September 1881. 
 
 The ofl&ce of Sheriff" of the sheriff"dom of Linlithgow, 
 Clackmannan, and Kinross having become vacant
 
 APrENDIX OF DOCUMENTS. 125 
 
 througli the resignation of George Monro, Esq., late 
 Sheriff of said sheriffclom, in consequence of which 
 vacancy the county of Clackmannan has, in terms of 
 the Act 33 and 34 Vict. cap. 86, been united to the 
 counties of Stirlino; and Dumbarton under tlie name of 
 the sheriftclom of Stirling, Dumbarton, and Clack- 
 mannan, and the office of Sheriff of such sheriffdom 
 having devolved upon William Ellis Gloag, Esq., 
 advocate, formerly Sheriff of Stirling and Dumbarton, 
 the said William Ellis Gloag appeared and took the 
 oaths and his seat as such Sheriff. 
 
 Commission by Her Majesty Queen Victoria 
 
 IN FAVOUR OF JaMES MuIRHEAD. 
 
 From Minute- Book of Court. 
 
 1 August 1885. 
 
 Victoria R. — We do by these presents nominate, 
 constitute, and appoint our trusty and well-beloved 
 James Muirhead, Esq., advocate, Sheriff of Chancery, 
 to be Sheriff ad vitam aut culpam of the sheriffdom 
 of the shires of Stirling, Dumbarton, and Clackmannan, 
 in that part of our United Kingdom of Great Britain 
 and Ireland called Scotland, as constituted by an 
 Act of the session liolden in the thirty-third and 
 thirty-fourth years of our reign, giving and granting 
 unto him the said James Muirhead the said ofhce of 
 Sheriff of the said shires of Stirling, Dumbarton, and 
 Clackmannan, witli a salary of eight hundred pounds 
 sterling by the year, in lieu of all fees, allowances,
 
 126 THE SHERIFFDOM OF CLACKMANNAN. 
 
 expenses, and emoluments whatsoever : all which fees, 
 allowances, expenses, and emoluments, in so far as 
 drawn l3y him, shall be paid into our Exchequer ; and 
 also giving and granting unto him all powers, juris- 
 dictions, authorities, privileges and immunities there- 
 unto belonging or appertaining, he being bound 
 while he continues in the said office to accept such 
 alterations in the nature of the duties thereof as may 
 hereafter be prescribed by Parliament without claim 
 to compensation or additional remuneration ; with 
 power to liim the said James Muirhead, but subject 
 always to the provisions of the Sheriff Courts (Scot- 
 land) Act, 1877 (40 and 41 Vict. cap. 50), to nominate 
 and appoint substitutes under him, for whom he shall 
 be answerable; and our further will and pleasure is 
 that the said James Muirhead do procure these presents 
 to be reo;istered in the office of the Director of our 
 Chancery in Scotland within the space of three 
 months from the date hereof. — Given at our Court of 
 Saint James the twenty-fifth day of July 1885, in 
 the forty-ninth year of our reign. By Her Majesty's 
 command, 
 
 (Signed) Richd. Asshetox Cross. 
 
 THE EXD. 
 
 MORRISON AKD GIBB, PRINTERS, EDINBURGH.
 
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